Israel’s High Court of Justice ruled that the number of mispallelim permitted to daven at the Kosel may be increased to 100 at any given time, up from the previous limit of 50, while also issuing a conditional order and scheduling a further hearing for Thursday, stating that the earlier discussion “was not exhausted.”

The upcoming hearing will require the state to explain whether current security policies regarding access to the makomos hakedoshim properly balance safety concerns with the right to freedom of tefillah and religion.

The ruling comes amid ongoing restrictions from the Home Front Command, which generally cap gatherings at 50 people. However, in a separate decision, the court allowed a protest in Habima Square in Tel Aviv to proceed with up to 600 participants, creating a sharp contrast between limits placed on demonstrations and those placed on tefillah.

During earlier proceedings, Yonatan Mozes of the High Court petitions department outlined the state’s position, noting that a professional inspection had been conducted that morning to explore possible leniencies. He said experts concluded that the number could be raised to 100 individuals, including staff, based on the capacity of two protected areas at the site, calculated according to a density of 2.5 people per square meter.

Justice Ruth Ronen questioned how many of those permitted would be staff members, but Mozes responded that he did not have that information. He also explained that regarding the Kosel tunnels, the Home Front Command maintains there is concern over blast impact and potential structural collapse, even while recognizing the importance of tefillah.

Justice Yitzchak Amit addressed the tension between competing considerations, noting that while the Home Front Command carries responsibility for safety, broader administrative law principles and the realities of an ongoing war must also be taken into account. He described the issue as one of balance across different locations, emphasizing that freedom of religion is a central value. He added, “I watched the live broadcast of Birkas Kohanim, and it was embarrassing to see the Kosel, the very soul of the Jewish people, standing empty.”

A representative for the petitioners argued that in the past, mispallelim were directed into the Kosel tunnels during sirens, calling into question current claims of danger. He said that Home Front Command guidelines can vary depending on circumstances and suggested that a framework should be developed to allow for broader participation. “The easiest position to take is to forbid,” he said, adding that calculated risks should be weighed alongside the importance of tefillah.