A Breach of the Status Quo
On September 15, 2025, the head of the Civil Administration signed an expropriation order at the Tomb of the Patriarchs in Hebron, paving the way for roofing the inner courtyard. The order seizes 288 square meters of space on the upper prayer floor. This is the first time Israel has expropriated part of the sacred compound itself.
Earlier this year, reports emerged that the Minister of Defense had decided to unilaterally assume control over the site’s administration in order to carry out renovations. This move enables Israel to alter the structure of the holy site without any coordination or agreement with the Palestinians, a direct violation of the status quo, an affront to millions of Muslim believers, and a breach of international agreements signed by Israel.
The expropriation order was made possible after the Defense Ministry’s legal advisory office, recently reshaped under Minister Bezalel Smotrich, approved it. While presented as a technical step regarding an open space, in reality it constitutes a major structural change to a historic religious site, and another stage in the erosion of the fragile arrangements that safeguard access and worship at holy places. This process began four years ago, when Israel constructed an elevator at the site, despite significant public opposition, including from Israelis, and after a prolonged legal battle.
The upper prayer hall of the Tomb of the Patriarchs contains the tombs of six religious figures: Abraham, Isaac, Jacob, Sarah, Rebecca, and Leah, alongside a Muslim prayer area. The open courtyard at its center connects the tombs and worship spaces. The existing structure was built during the Mamluk period (13th–16th centuries), on foundations dating back to Herod’s time in the 1st century BCE.
Peace Now: “The annexationist government is playing with fire and with the security of us all. The Cave of the Patriarchs is regarded as the fourth holiest site in Islam, following Al-Aqsa Mosque, and any unilateral change is perceived by millions of Muslims as a humiliation and an attack on a sacred place. Documents recently exposed by intelligence services revealed the central role that messianic provocations on the Temple Mount — backed by the government — played in Hamas’s preparations for October 7. The government is dragging us into a religious war in the name of a messianic fringe. Anyone who truly cares about the Cave of the Patriarchs should seek an agreement with the Palestinians that would allow for consensual changes to holy sites, with the consent of all parties involved.”
Implications and Risks of the Move:
Harm to a site sacred to millions of Muslims – The Cave of the Patriarchs (Al-Haram Al-Ibrahimi) is regarded the fourth holiest site in Islam after the Al-Aqsa Mosque. Undertaking and structural alterations at such a sacred site without consent is an extremely sensitive action it can be perceived as a grave insult and offense by hundreds of millions of Muslims. It is not by chance that every Israeli government since 1967 has decided that the Muslim Waqf will retain management of the site, even if Israel has eroded its authority over the years.
Severe security risk – Over a a century of conflict has demonstreted that many of the most violent escalations erupted in response to perceived attacks on holy sites (including the 1929 Hebron massacre, the 1990 Temple Mount riots, the 1994 Cave of the Patriarchs massacre, the 1996 tunnel riots, the Second Intifada in 2000, and even the Hamas attack on October 7, 2023).
Violation of international agreements and international law – Israeli construction work without Palestinian consent would violate the Hebron Agreement, which assigns planning and construction authority at the site to the Palestinian Authority. It would also breach international law and the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and harm a UNESCO-designated World Heritage Site. In addition, the expropriation of parts of the compound from the Waqf is also prohibited under international law.
Risk of igniting a religious war – Harm to a site sacred to Jews, Muslims, and Christians could intensify the religious dimension of the conflict, fuel tensions, and embolden extremists. Management of the site must be conducted with sensitivity, restraint, and in coordination with the Waqf and the Palestinian Authority.
Implications on the Temple Mount? – In recent years, the government and police have allowed extremist Temple Mount activists — along with their representatives in government — to alter the status quo on the Temple Mount – al-Haram A-Sharrif and provoke repeated confrontations. According to intelligence documents, these confrontations were among the key factors that led to the Hamas attack on October 7, 2023. One of the recurring Palestinian concerns is that Israel will replicate the Cave of the Patriarchs model at the Temple Mount, allowing Jewish prayer, dividing access by physical space or by time. Israeli construction at the Cave of the Patriarchs could provoke deep-rooted fears that Israel intends to implement messianic plans for building a synagogue — or even a temple — on the Temple Mount.
The solution for the Cave of the Patriarchs: an agreement with the Palestinians – Anyone wishing to safeguard Israeli interests in the holy sites of the occupied territories must work toward an agreement with the Palestinians, one that addresses the symbolic and religious needs of both sides.