For several years now, Jews have been praying silent and non-demonstrative prayers on the eastern side of the Temple Mount, under the auspices of the police, without prayer shawls, tefillin or arrangements.
This was a natural response to the huge increase in the number of Jewish visitors to the mountain - 800% within a decade, and also an almost obvious result of the growing demand from the Jewish public for the real thing - the Temple Mount, of which the Western Wall is only a derivative.
A solution of retrospective.
Even some Muslims have come to terms with this just historical change.
It was these facts, and especially common sense, that probably formed the basis of the precedent ruling of the Justice of the Peace in Jerusalem, Bilha Yahalom.
Judge Yahalom last week ordered the police to allow the expelled worshiper, Aryeh Jaffa, to return to the mountain and hold silent prayers there, after being under the impression that his prayer was indeed silent and not demonstrative as he argued in his defense.
At the end of the week, the Minister of Internal Security, Amar Bar-Lev, ordered the police to appeal the only significant Jewish achievement on the Temple Mount over the past 54 years, which was finally recognized by a court.
Jerusalem District Court Judge Arie Romanov decided to accept the state's appeal.
Jaffa - at least for now - will continue to be removed from the mountain.
The heartbreaking appeal ordered the police to file a lawsuit with the district is a scandal.
It is true that this is a fundamental change, but it comes after a series of fundamental changes in the status quo on the mountain over the course of a jubilee year, which the Muslim side initiated there for its own benefit, and to the detriment of the Jewish side.
We did not hear Bar-Lev and his characters and views warn of the "explosiveness and sensitivity of the Temple Mount" - as the state filed an appeal to the district court - when new mosques were erected on the mountain in Shlomo's stables, ancient al-Aqsa and the Gate of Mercy.
They did not warn of a flare-up, as the Waqf along with the northern faction of the Islamic Movement damaged the Temple Mount antiquities and grossly violated planning and building laws there.
And there were other changes to the detriment of the Jewish side, such as an upgrade in Jordan's status on the mountain, which in practice became Israel's quiet but visible partner in the management of the mountain;
Or closing the cotton gates and chaining to the entry of Jews.
The status quo on the Temple Mount has been dynamic over the past 54 years, and in fact it is difficult to call it a status quo because it was fluid and changed from time to time so as not to upset any Muslim.
The district court missed an opportunity to hold the bull by the horns and thoroughly investigate the reality created on the mountain in recent years.
Instead, he was quick to give the state what it wanted - continued arbitrary restrictions on the prayer of silent Jews on the mountain, after this story was largely already behind us.
At least this Hersh sheep, the limited prayers of the Jews on the mountain, should be preserved, not withdrawn from.
How did Judge Eliezer Goldberg once write?
"The political echelon must pour content and meaning into the historical call 'the Temple Mount is in our hands'."
The court, as Judge Diamond well understood, should continue to direct the state there.
