From the Rav’s Desk: What to do if an Avel during shiva was accidentally called for an Aliyah on Shabbos

Post Views: 855
  1. Question: [Sunday, 3rd Kisleiv, 5782]

I am the Gabaiy of my Shul and called an individual to the Torah unknowingly that he was on his last day of Shiva. [He gets up from Shiva that Shabbos.]  Should he nonetheless take the Aliyah?

Answer:

Yes, on Shabbos once a person is called up he must go up for the Aliyah and cannot refuse it even if he is an Avel during Shiva.

Explanation: Although it is forbidden for a mourner to receive an Aliyah to the Torah, and if he is called up during the week he is to refuse it, nonetheless, if this occurs on Shabbos, since it is forbidden to show public mourning, therefore he is required to take the Aliyah. This applies even if Shabbos is not the last day of Shiva, and certainly if it is the last day of Shiva, in which case many Poskim rule that he actually finished Shiva by sunrise of Shabbos and therefore from the letter of the law is even initially allowed to receive an Aliyah, even though the practical custom is to wait until Mincha.

Sources: See Michaber Y.D. 400:1; Piskeiy Teshuvos 287:4; See regarding if Shabbos is the seventh day: Taz 402:5 based on Rabbeinu Yechial in Tur 402; Gilyon Maharsha 384:1; Daas Torah 400; Shaareiy Ephraim 8:109; Nitei Gavriel 116:13

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

Leave A Comment?

You must be logged in to post a comment.