Asking a Kohen to leave the Shul-In a time of need, may one forgo the Aliyos of a Kohen and Levi and give it to a Yisrael

Asking a Kohen to leave the Shul-In a time of need, may one forgo the Aliyos of a Kohen and Levi and give it to a Yisrael?[1]

Some Poskim[2] rule that the Sages instituted that a Kohen and Levi cannot forgo their honor and allow a Yisrael to be called up in their place. Thus, Mechila does not help to allow a Yisrael to be called up first or second. Accordingly, some Poskim[3] rule that it is forbidden to ask a Kohen to forgive his honor and leave the Shul in order to call up a Yisrael in his place even if one desires to sell the Aliyos, or call up guests or Chiyuvim. Other Poskim[4], however, rule that a Kohen or Levi may forgo their honor and have a Yisrael called up in their place. Accordingly, some Poskim[5] rule that in rare mitigating circumstances [i.e. special opportunity to sell Aliyah for much money; many guests; many Chiyuvim], it is permitted ask the Kohen to forgive his Aliyah in order to call up a Yisrael in his place. In such a case, some Poskim[6] rule that the Kohen is to leave the Shul prior to the start of the Aliyah. Other Poskim[7], however, rule that it is not necessary for him to leave the Shul, and thus in such a case the Gabaiy is to say Bereshus Hakohen. [Practically, the custom is like the former opinion.[8] Nonetheless, in a time of need, the custom is to ask the Kohen to forgive his Aliyah and to leave the Shul in order to call up a Yisrael in his place. Even according to the above opinions, it is forbidden to make a set standard of not calling up the Kohen and it may only be done in the enumerated mitigating circumstances.]

The Chabad custom:[9] The Chabad custom is to be very particular in the order of the Aliyos and to endeavor to always arrange for a Kohen, and then Levi, and then Yisrael to be called up. [Nevertheless, on rare occasions, such as to give two Bar Mitzvah boys an Aliyah on a Monday or Thursday, one may ask the Kohen to forgive his Aliyah and leave the Shul.[10]]

 

 

Summary:

In a time rare and mitigating circumstances [i.e. special opportunity to sell Aliyah for much money; many guests; many Chiyuvim] the custom is to ask the Kohen to leave the Shul in order to call up a Yisrael in his place.

 

If a Yisrael was intentionally called up in place of a Kohen despite him not forgiving his honor, is one Yotzei the Aliyah?

Some Poskim[11] rule that in such a case the Aliyah of the Yisrael is invalid and hence the Kohen must be called up again and repeat from that Aliyah.

 

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[1] See Piskeiy Teshuvos 135:9

[2] Levush 135; M”B 135:9; Kaf Hachaim 135:12; Rav Amram Gaon; Rav Nutranaiy Gaon, brought in Tur 135; See 2nd opinion in Admur 128:60

[3] Shivas Tziyon 6:6; Lev Chaim 93 in name of Batei Kehuna; Avnei Tzedek 9; Daas Sofer 1:18 in name of Chasam Sofer; Zichros Yehuda 74; Maharshag 1:44; Levushei Mordechai 6; M”B 135:18

[4] Admur 128:60 in parentheses “As a Kohen may give permission to a Yisrael to be called first and say the blessings before him, as written in 135 and 201”; Tur 135 in name of Rosh Gittin 5:20 that it is permitted to do so on Mondays and Thursdays; M”A 201:4 in name of Semag

[5] M”A 135:7 and Maharik Shoresh 9 regarding custom of some communities to sell Aliyah of Kohen to highest bidder, brought in M”B 135:18 [However the M”B explains this to be an exceptional case being that it is an old custom, and done for Kavod Hatorah]; Teshuvah Meahava 1:91; Kesav Sofer 36; Shnos Chaim p. 86; Shoel Umeishiv Shetisa 29; Maharam Shick 60; Maharsham 1:214; Toras Chaim Sofer 135:7; Igros Moshe 2:34; 3:20; Minchas Yitzchak 2:41; Shevet Halevi 8:25; Teshuvos Vehanhagos 1:151; Yabia Omer 6:23; Mishneh Halachos 3:13; Tehilos David 40

[6] M”A 135:7; Maharik Shoresh 9; Chasam Sofer 24-25; Teshuvah Meahava 1:91; Kesav Sofer 36; Shoel Umeishiv Shetisa 29; Maharam Shick 60; Maharsham 1:214; Toras Chaim Sofer 135:7; Igros Moshe 2:34; 3:20 regarding Shabbos and Yom Tov; Minchas Yitzchak 2:41; Shevet Halevi 8:25; Teshuvos Vehanhagos 1:151; Mishneh Halachos 3:13

[7] Beis Yosef 135; Peri Chadash 135:3; Kneses Hagedola 135; Emes Leyaakov 46; Ledavid Emes 5:46; Birkeiy Yosef 135:8; Maharash Kluger in end of Sefer Stam; Eretz Chaim 135; M”B 135:18 regarding Shabbos Bereishis; Shnos Chaim p. 86; Kaf Hachaim 135:14; Igros Moshe 2:34; 3:20 regarding weekday readings; Yabia Omer 6:23; Tehilos David 40; See Sichat Hashavua Pinat Halacha 459

[8] As rules Michaber 135:4

[9] Sefer Haminhagim p. 30 [English]; Likkutei Dibburim Likkut 13:5 vol. 2:311; Sefer Hasichos 5696 p. 51

[10] See Sichat Hashavua Pinat Halacha 459 that so was once done by the Rebbe

[11] Arugas Habosem O.C. 21; Zecher Yitzchak 77; Piskeiy Teshuvos 135:16

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