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17 Kislev, 5781 - December 3, 2020 | Mordecai Plaut, director Published Weekly
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NEWS
The Planned Israel Metro Passes under Cemeteries

by Binyamin Rabinowitz

Impressive plans
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The Metro, the mega-ambitious biggest transportation project being carried out today in Israel, is in its advanced planning and authorization stages, with at least, if not more, 12 years to go. It will provide a solution to growing national traffic congestion through three underground lines, crossing through 22 regional districts and 110 stations. It will run its 140 kilometer length from Petach Tikva in the east, Rechovot in the South and Raanana in the north, running to a cost of some 150 billion shekel, as a very conservative starting estimate.

Billions of shekalim have already been invested in its planning. It will have to be anchored in a special law to be appended to pending a budget certification and allotment. However, the various municipalities have raised respective reservations involving the location and number of the stations etc.

At the right is the planned route that goes under the edge of a cemetery in Bnei Brak. At the left the route in Kiryat Shaul.
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A special study carried out by Yated Ne'eman together with the Hitachdut Hakohanim reveals that the blueprints awaiting final approval in the National Committee for National Infrastructure show that the Metro will run under small parts of three cemeteries and another one right through the middle of the cemetery. Thus, kohanim will not be able to avail themselves of the Metro altogether, even in parts that do not run under cemeteries.

HaRav Yechiel Fishhoff, an accepted authority in such matters of taharoh, and whose halachic decisions are fully recognized by gedolei Yisroel (also author of "Taam Vodaas" on the laws of impurity of the dead) was asked by HaRav Chaim Kanievsky to express his opinion on this complex issue, stating that he relies upon his decisions here.

HaRav Fishhoff wrote: "Most Rishonim forbid kohanim from passing under a grave. According to Maharam all of the tunnels would become prohibited since the impurity penetrates downwards and spreads throughout the tunnel. Therefore, the halacha certainly requires that the underground tunnel route must be changed, or that a required ohel space of at least one tefach be made above the tunnel and under the graves so that the impurity descending from the graves will be prevented from reaching the tunnel."

HaRav Dov Lando wrote in a letter dated 3 Kislev 5781: "The matter is very serious and it should be remedied in consultation with Rav Fishhoff who is expert in these matters. Fortunate is one who helps to eliminate this serious stumbling block for Kohanim as an obligation on everyone to prevent tumah to Kohanim."

HaRav Shmuel Dovid Gross, rav of the Ger community in Ashdod, also signed the letter of Rav Lando, as did HaRav Dovid Hakohen Munk and HaRav Yochonon Lombard.

In Hod Hasharon the route cuts right under a cemetery.
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