Status Quo (Jerusalem and Bethlehem)

File:Treaty of Berlin Article 62 Status Quo.png in Article 62 of the Treaty of Berlin (1878): "The rights conceded to France are expressly reserved, it being well understood that the status quo with respect to the Holy Places shall not be seriously affected in any way."]]

Controlled by the Roman Empire and then, following its division, by the Eastern Roman (Byzantine) Empire, these eastern sites first became a point of contention in the centuries following 1054, when the Catholic Church and the Eastern Orthodox Church separated. Following the seizure of the Holy Land by knights from the West in the First Crusade, the Catholic church became the custodian of the churches in Jerusalem. With the defeat of the crusader states and the rise of the Ottoman Empire, control of the sites oscillated between the Catholic (Latin) and the Orthodox (Greek) churches, depending upon which could obtain a favorable {{transliteration|fa|firman}} (decree) from the Ottoman Sublime Porte at a particular time, often through outright bribery.{{citation needed|date=May 2022}} Violent clashes were not uncommon. There was no agreement about this question, although it was discussed at the negotiations to the Treaty of Karlowitz between the Ottoman Empire and the Holy League in 1699.{{cite book| title=Geschichte der europäischen Staaten, Geschichte des östreichischen Kaiserstaates| url=https://books.google.com/books?id=_0MJAAAAQAAJ| first=János Nepomuk Jozsef| last=Mailáth| volume=4| page=262| publisher=F. Perthes| location=Hamburg| year=1848|trans-title=History of the European states, history of Austrian Imperial State}}

During the Holy Week of 1757, Orthodox Christians reportedly took over some of the Franciscan-controlled church, possibly leading Sultan Osman III to write a 1757 decree forming the basis of the status quo.[https://preparadoresjc.com/joincultura/relacion/ Basilica of the Holy Sepulchre in Jerusalem, 1757] (in Spanish).{{better source needed|date=May 2021}} In the years preceding the Crimean War (1853–1856), Napoleon III of France pressured the sultan to invalidate the 1757 status quo in favor of the Catholic church, leading in part to Nicholas I of Russia declaring war in favor of the Orthodox church's rights. This resulted in 1852 and 1853 {{transliteration|fa|firmans}} by Sultan Abdülmecid I which received international recognition in Article 9 of the Treaty of Paris (1856) leaving the status quo intact. The existing territorial division was solidified amongst the communities, the treaty stating that "The actual status quo will be maintained and the Jerusalem shrines, whether owned in common or exclusively by the Greek, Latin, and Armenian communities, will all remain forever in their present state." Despite this declaration, there are no unanimous terms defining the status quo, sometimes causing contradictory differences of opinion.{{cite web|url=http://www.bibleinterp.com/articles/sepulchre.shtml|title=The Church of the Holy Sepulchre: A Work in Progress|author=Cohen, Raymond|date=May 2009|website=The Bible and Interpretation|access-date=28 December 2018}}

Despite the arguments over who would control what aspects of these sites, the Status Quo has remained largely intact from the 18th century to the present.

The term status quo was first used in regards to the Holy Places in Article 62 of the Treaty of Berlin (1878).{{efn|"The rights conceded to France are expressly reserved, it being well understood that the status quo with respect to the Holy Places shall not be seriously affected in any way."}} A summary of the Status Quo prepared by L. G. A. Cust, a civil servant of the British Mandate, The Status Quo in the Holy Places, quickly became the standard text on the subject.

File:United Nations Conciliation Commission for Palestine Working Paper on the Holy Places.djvu for Palestine Working Paper on the Holy Places]]

According to the United Nations Conciliation Commission, the Status Quo applies to nine sites in Jerusalem and Bethlehem,{{sfn|UN Conciliation Commission|1949|p=7}} which Cust separates into three categories:

• Disputed between Christian denominations:
• The Church of the Holy Sepulchre and its dependencies, Jerusalem
• The Deir es-Sultan, on top of the Church of the Holy Sepulchre, Jerusalem
• The Tomb of the Virgin Mary, Jerusalem
• The Church of the Nativity, Bethlehem
• The Chapel of the Milk Grotto, Bethlehem (no records exist){{harvnb|Cust|1929}}: "The Grotto of the Milk and the Shepherd's Field near Bethlehem are also in general subject to the Status Quo, but in this connexion there is nothing on record concerning these two sites."
• The Chapel of the Shepherd's Field,{{Dubious|this links to the Catholic site. The very same is stated about the Orthodox site (see that Wiki article). To which one does it actually refer? It's most likely the 4th-century Orthodox one. Pls clarify & amend accordingly.|date=October 2022}} Bethlehem (no records exist)
• Disputed between Christians and Muslims:
• The Chapel of the Ascension, Jerusalem
• Disputed between Jews and Muslims:
• The Western Wall, Jerusalem
• Rachel's Tomb, Bethlehem

David's Tomb and Cenacle were not part of the Status quo arrangement during the British Mandate for Palestine; it is nevertheless in a similar position, being disputed by the Catholics who have built the current structure, the Muslims (the Ottoman sultan confiscated it from the Franciscans), and Jewish and Israeli institutions, who took control of it in 1948.

{{Main|Immovable Ladder}}

The so-called immovable ladder{{efn|{{langx|he|סולם הסטטוס קוו}}; {{tlit|he|sulam ha-status kvo}} 'the status quo ladder'{{pb}}{{langx|ar|السُّلَّمُ الثَّابِتُ}}; {{tlit|ar|as-sullamu ṯ-ṯābitu}} 'the stationary ladder'}} under the window of the Church of the Holy Sepulchre, made of Lebanon cedar wood, was in place by 1728 and has apparently remained there since the 1757 status quo was established (with temporary moves occurring in 1997 and 2009).{{cite web |last=Herman |first=Danny |title=Who moved the ladder? |url=http://www.dannythedigger.com/newsletter/who-moved-thy-ladder |website=Private Tour Guide Israel - Danny the Digger |access-date=8 May 2019 |date=10 June 2009}} The ladder is referred to as immovable due to the agreement of the Status Quo that no cleric of the six Churches{{efn|name=six}} may move, rearrange, or alter any property without the consent of the other five orders.

The Church of the Tomb of Mary has also been historically used by Muslims. The {{transliteration|ar|qibla}}, a niche indicating the direction of Mecca, is currently boarded up. The two old bronze vessels once used by Muslims for ritual washing and the drainage opening underneath them are not being used anymore, but are nevertheless kept in their dedicated place.

• {{format link|Church of the Holy Sepulchre#Status Quo}}
• {{format link|Church of the Nativity#Property and administration}}
• David's Tomb, not subject to the status quo, but of its own Muslim {{transliteration|ar|waqf}}
• Fischer-Chauvel Agreement
• Simultaneum
• Status quo (Israel)
• Hashemite custodianship of Jerusalem holy sites
• Temple Mount entry restrictions

Footnotes

{{notelist}}

Citations

{{reflist}}

• {{cite book|title=United Nations Conciliation Commission for Palestine Working Paper on the Holy Places|date=1949|author=UN Conciliation Commission|url=https://commons.wikimedia.org/wiki/File:United_Nations_Conciliation_Commission_for_Palestine_Working_Paper_on_the_Holy_Places.djvu}}
• {{cite book|title=The Status Quo in the Holy Places|date=1929|first=L. G. A.|last=Cust|author-link=Lionel George Archer Cust|publisher=H.M.S.O. for the High Commissioner of the Government of Palestine|url=https://en.wikisource.org/wiki/The_Status_Quo_in_the_Holy_Places}}
• Marlen Eordegian (2003), [https://www.jstor.org/stable/3879622 "British and Israeli Maintenance of the Status Quo in the Holy Places of Christendom"], International Journal of Middle East Studies, Vol. 35, No. 2 (May, 2003), pp. 307–328

• [http://www.usahm.info/Dokumente/STATUSQUO.htm L. G. A. Cust's 1929 summary of the Status Quo history and regulations, with plans and photos] {{Webarchive|url=https://web.archive.org/web/20210201195524/http://www.usahm.info/Dokumente/STATUSQUO.htm |date=2021-02-01 }}
• [http://www.custodia.org/default.asp?id=433 Custody of the Holy Land, Status Quo – a short overview]
• [https://www.timesofisrael.com/1000-years-of-rivlary-and-a-little-bit-of-harmony-at-the-church-of-the-holy-sepulcher/ Aviva and Shmuel Bar-Am, "1,000 years of rivalry – and a little bit of harmony – at the Church of the Holy Sepulcher", in Times of Israel, "7 September 2012"]
• [https://thechurchoftheholysepulchre.com/status-quo/ Status Quo: All You Need to Know - a detailed look at Status Quo from the Church of the Holy Sepulchre]

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{{Temple Mount}}

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{{Church buildings in Betlehem}}

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