From the Ravs Desk: Shaalos Veteshuvos on Kerias Hatorah & More

If a Kohen does not want an Aliyah and he is the only Kohen in Shul, may he even initially go out in order to not be called up?[1]

Yes. In the event that the only Kohen in Shul does not want an Aliyah then he may leave the shul in order not to be called up. He is to leave prior to the Kohen being called up by the Gabaiy, and remain outside until after the start of the blessing.

[1] See Machatzis Hashekel 53:22; See regarding Kohen during Shema or fast day leaving Shul: Rama 135:5; Maharik Shoresh 9; See regarding Kohen during Shiva leaving Shul: M”B 135:45 in name of Elya Raba and other Poskim; Shaarei Efraim 8:9; Hagahos Maimanis in name of Maharam; Chasam Sofer 352, brought in Pischeiy Teshuvah 401:3; Poskim brought in Nitei Gavriel 116:2 footnote 3; Ketzos Hashulchan 85:10; See regarding Kohen leaving Shul before Kohanim if he does not desire to perform Nesias Kapayim: See Admur 128:5; Ketzos Hashulchan 23:23

Until when is the Kohen to remain outside the Shul if a non-Kohen is being called up in his place for the first Aliyah?

He is to remain outside until after Barchu and the [start of the] first before blessing of Asher Bachar Banu is recited.[1] After the words Baruch Ata Hashem is recited by the Olah, he may then return to the shul.^[2] If the Olah did not yet say Hashem’s name in the blessing of Asher Bachar Banu, then from the letter of the law and the Kohen walked in, then the Olah is to stop and the Kohen is to be called up [by name] in his stead.[3]

[1] Michaber 135:6; Mahariy, in name of Orchos Chaim, in name of Rif

[2] M”A 1235:8; M”B 135:19; Kaf Hachaim 135:36

[3] Michaber 135:6; Mahariy, in name of Orchos Chaim, in name of Rif

What should be done if the Kohen is the tenth man of the Minyan and he does not desire an Aliyah or forgives his honor?

In such a case, he may not step outside of the shul, as by doing so the minyan becomes disbanded, and it remains forbidden to say blessings over Kerias Hatorah.[1] Rather, he should remain in the shul, and simply say that he forgives his honor and that he does not desire to be called up for the Aliyah.[2]

[1] See Michaber 143:1;  Rambam Tefilla 2; Ketzos Hashulchan 25:14

[2] Many Poskim rule that a Kohen or Levi may forgo their honor and have a Yisrael called up in their place. [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; 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 6:29; Maharam Shick 60; Maharsham 1:214; Toras Chaim Sofer 135:7; Shulchan Hatahor Komrana 135:8; 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] Of these Poskim, some rule that it is not necessary for him to leave the Shul, and thus in such a case the Gabbai is to say Bereshus Hakohen. [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] Now, although there are Poskim who argue on both of these points and rule that a) a Kohen cannot forgive his Aliyah [Levush 135; M”B 135:9; Kaf Hachaim 135:12; Rav Amram Gaon; Rav Nutranaiy Gaon, brought in Tur 135; See 2^nd opinion in Admur 128:60; 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] and b) even according to those who hold that he can, he must leave the shul [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], practically, in this case that it is not possible for him to leave the shul, and it is likewise not possible for us to force the Kohen to get an Aliyah if he doesn’t want it, therefore there is no choice but to have him remain in the shul in order so the minyan does not become disbanded.

Kohen who is not fasting on fast day:^[1] In the event that a Kohen is not fasting on a fast day, then he may not be called for the Aliyah and rather a Yisrael is to be called up in this place. Nevertheless, [if he is the only Kohen in Shul[2]] it is proper for the Kohen to leave the shul prior to the Kohen Aliyah.[3] [However, even if he did not leave the Shul, the Chazan may say Yisrael Bimekom Kohen.[4]]

[1] Rama 135:5; Maharik Shoresh 9

[2] M”B 135:18; If he is not the only Kohen in shul, then he can simply tell the Gabaiy not to call him up and then remain in shul [ibid]

[3] The reason: As people may mistakenly believe that he is a blemished Kohen, and therefore was not called up. Accordingly, in order to negate this false slander, he should leave the shul beforehand. [M”B 135:18]

[4] M”B 66:26; 135:18

May one use dry Sechach, such as palm branches that have become dried up?

Yes. There is no invalidation of Sechach that is dry and it may be used even initially as Sechach.

Using both a Calabria and Eretz Yisrael Esrog:[1] Despite the Chabad custom to use an Esrog from Calabria, the Rebbe was also accustomed to later shake with an Esrog of Eretz Yisrael, as was a directive of the Rebbe Rayatz, and so is the custom of many Chabad Chassidim. The Rebbe would shake the Lulav with the Esrog of Eretz Yisrael in all the directions, as he would do with the Calabria Esrog.

[1] See Reshimos 4 p. 86 “The Rebbe Rayatz gave me two Esrogim, one from Calabria and one from Eretz Yisrael, saying that so he was also given. He told me to first say the blessing on the Calabria and then to also shake with the Esrog from Eretz Yisrael. He told me not to publicize this.” Maaseh Melech in name of Rav Leibel Groner that the Rebbe would shake Lulav early in the morning, the first time with a Calabria Esrog, and the second time with an Esrog from Eretz Yisrael.

May one do Kaparos on behalf of a family member that is not present?[1]

• Example: One’s son is in the army and cannot be present for Kaparos. One’s wife gave birth and she and the baby cannot be present for Kaparos.

Yes.[2] One is to state prior to the Kaparos that it is being performed on behalf of “Peloni the son/daughter of Peloni”.[3]

[1] See Keser Shem Tov of Rav Gagin 4 p. 229 that so is custom of Sephardim in Eretz Yisrael; Syria, Egypt and Turkey; Mishneh Halachos 17:70; Mechkirei Aretz 5:111; Nitei Gavriel 11:13; See Rama 605:1; Admur 605:1-3 and Siddur it is implied that the main aspect of Kaparos is to have a chicken slaughtered on one’s behalf, and not necessarily the waving over the head.

[2] The reason: From the wording of all the Poskim it is implied that the main aspect of Kaparos is to have a chicken slaughtered on one’s behalf, and not necessarily the waving over the head. [See Rama 605:1; Admur 605:1-3 and Siddur]

[3] Nitei Gavriel ibid