A. The route to the Kosel Maarovi (and in fact most of the
area of the Old City within the walls) is "covered" by closed
circuit cameras that transmit photographic images to screens
at the police headquarters for real-time observation and the
images are also stored on databases where they can be viewed
later (e.g. following an incident).
B. With the installation of the system the issue was
carefully considered [by halachic authorities], some of whom
held it should be permitted based on the idea of psik
reisho delo niche lei or because he who enters the area
under surveillance is merely one factor in causing the image
to be written on the medium, or because [the film image] is
not a form of writing, or other similar ideas..
C. Maran Ateres Rosheinu HaRav Eliashiv shlita issued
a ruling at the time to refrain from going to the Kosel on
Shabbos and Yom Tov, for in his opinion it is prohibited to
enter an area under surveillance on closed-circuit video on
Shabbos Kodesh and Yom Tov even though if he who enters
changes his position and leaves the area filmed his image
will vanish—which is comparable to writing that gets
erased, for as long as he remains in place his image
continues to appear on the screen. (And as the Rambam wrote
in Chapter 11, Halacha 16 of Hilchos Shabbos, he who writes
on living flesh is liable even though the heat generated by
the flesh will eventually remove the writing, which resembles
writing that gets erased.)
Therefore Maran HaRav Eliashiv, shlita, ruled [in the
past] that under such circumstances one should refrain from
going to the Kosel on Shabbos and Yom Tov.
D. Numerous police officers invested much time and effort
into solving the problem by installing changes in the closed-
circuit video system in such a way that on Shabbos and Yom
Tov the connection between the cameras and the screens will
be limited to a certain amount of time after which the image
will no longer appear on the screen, which solves the
question of writing (since then it is "einenoh
miskayemes" from the start, for even if the individual
remains in place the image will not appear on the screen for
long). These changes were introduced into the Shabbos program
of the Mabat 2000 plan mentioned above. In addition an
overseer was assigned whose task will be to ensure this
program is indeed implemented at police headquarters on
Shabbos and Yom Tov. Furthermore, in certain places lights
have been installed to indicate on Shabbos and Yom Tov that
the Shabbos program is indeed in operation.
It should be noted even with the Shabbos program
uninterrupted images are entered into the database (which is
not considered writing according to the majority of
poskim).
E. Following the introduction of the above changes Maran,
shlita, ruled that according to ikar hadin one
may now go to the Kosel Maarovi on Shabbos and Yom Tov.
F. Yeshivas Aish HaTorah operates a camera in the Western
Wall Plaza to film the area 24 hours a day. Maran
shlita, did not consent to having the above alteration
carried out on that camera since there is no real need for
this camera based on security reasons. Maran insisted that it
not film the Western Wall Plaza on Shabbos. The yeshiva
management promised to tilt the camera upwards on Shabbos and
Yom Tov so that it would not film those present in the
Plaza.
G. Blessings of yeshar koach are extended to the Rav
of the Holy Sites, the Director of the Western Wall Heritage
Foundation and the police officers involved, including the
commanders of the Old City Police who helped greatly in
putting the matter in order.
