5. Kerias Hatorah:[1]

A. Is an Avel obligated in hearing Kerias Hatorah?[2]

An Avel is obligated to hear Kerias Hatorah, just like anyone else.

Must an Avel stand upon seeing a Sefer Torah being moved?[3] Yes.

Keil Erech Apayim:[4] The prayer of Keil Erech Apayim normally recited prior to taking out the Sefer Torah on Mondays and Thursdays is not recited in the Shiva home.

B. May a Sefer Torah be brought to the house of an Avel during Shiva?[5]

Some Poskim[6] rule one is not to bring the Sefer Torah to the house of the Avel, and rather after Davening the congregation is to go to Shul for Kerias Hatorah.[7] Other Poskim[8] however rule it is permitted to bring a Sefer Torah to the house of the Avel. Practically, the custom is to bring the Sefer Torah to the house of the Avel for the Shiva prayers. The Sefer Torah must be set up in an ark some time prior to the Keriah and remain there for at least one to two days.[9] [The Rebbe had a Sefer Torah brought to his mother’s home during the Shiva.[10]]

Must one read from the Sefer Torah three times? It is not required to read from the Sefer Torah on three different occasions, and hence one is not required to make a Minyan in the Shiva home also on Shabbos for Shacharis or Mincha, in order to have three readings.[11] However, some Poskim[12] are stringent in this matter and accordingly rule that in addition to reading on Mondays and Thursdays, the Shiva home must also arrange a Minyan on Shabbos for the Torah reading.

C. Receiving an Aliyah:[13] 

During the weekdays: It is forbidden for an Avel to receive an Aliyah throughout Shiva.[14] This applies even if the Avel is a Kohen and there is no other Kohen available in the Minyan. [Rather a Yisrael is to be called up in his place.[15]]

On Shabbos:[16] It is forbidden for an Avel to receive an Aliyah even on Shabbos. If, however, he is the only Kohen [or Levi] available in the Minyan, then he may receive an Aliyah.[17] [Some Poskim[18], however, rule that it best for the Kohen to leave the Shul and have a Levi or Yisrael called up in his place if this is not uncommon practice in the Minyan. It is however disputed amongst Poskim[19] if this likewise applies to a Levi. If the Kohen or Levi does not leave the Shul then he is to be called up.[20]] Likewise, in any case in which not getting an Aliyah on Shabbos will cause the mourning to be publicized to the Minyan, it is an obligation for him to get an Aliyah. Thus, if the Avel was accidently called up for an Aliyah on Shabbos, he must go up.[21] Likewise, if he is accustomed to always receive a certain Aliyah, then he must go up for that Aliyah even if the Gabbai does not call him by name.[22] [Based on this, the Rebbe was accustomed to receiving an Aliyah on Shabbos during Shiva, as he did every Shabbos.[23]]

Q&A on Aliyah during the week During the week, if the Avel is a Kohen/Levi is he to leave the room prior to the Aliyah? Some Poskim[24] rule that the Avel is not required to leave the Shul prior to Kohen/Levi. Other Poskim[25] rule he is initially to leave the room beforehand, and so is the final ruling.   If the Avel was accidently called up for an Aliyah during the week, is he to go up?[26] No. This applies even if he is a Kohen. However, some Poskim[27] rule he is to go up for the Aliyah.  May an Avel receive an Aliyah on the 7th day of Aveilus if it falls on a Monday, Thursday or fast day?[28] Shacharis: The Avel may not receive an Aliyah by Shacharis unless he was already comforted and got up from Shiva. In the event that he has a Yahrzeit on that day, or other Chiyuv, he is to have the comforters comfort him before Shacharis, or before Kerias Hatorah, and then rise from Aveilus. He may then get an Aliya by Shacharis. Mincha [on as a fast day]: The Avel may receive an Aliyah by Mincha.    Q&A on Aliyah during Shabbos May an Avel during Shiva receive an Aliyah if he has a Chiyuv, such as a Yahrzeit, or a Baal Bris, and the like? Some Poskim[29] rule he may not receive an Aliyah even on Shabbos. Other Poskim[30] rule he may receive an Aliyah on Shabbos.[31]   May a Chasan get an Aliyah to the Torah during Sheva Brachos?[32] The Chasan may receive an Aliya to the Torah on Shabbos, as is regularly done.   May an Avel prior to Shiva receive an Aliyah during Simchas Torah? Yes.[33] However some write he is not to be called up as one of the five required Aliyos.[34]   May an Avel receive an Aliyah on Shabbos day if it is the 7th day of Aveilus?[35] Shacharis: Although from the letter of the law he is allowed to receive an Aliyah during Shacharis, practically, he is not to do so.[36] [However, in the event of a Yahrzeit on that day, or other Chiyuv, he may receive an Aliyah.[37]] Mincha: The Avel may receive an Aliyah by Mincha.  General Q&A If the Minyan is made up of Aveilim, may an Avel receive an Aliyah?[38] Yes.   May an Avel during Shiva be a Gabaiy and give out the Aliyos? Some[39] write that he is to avoid doing so.   May an Avel during Shiva read the Torah? Weekday-Mondays and Thursdays: An Avel may not be the Baal Korei.[40] Shabbos: An Avel may not read the Torah even on Shabbos.[41] If an Avel is the set Baal Korei in Shul for Shabbos, he is to avoid Davening in that Shul during Shiva.[42] If he does Daven in that Shul, then some Poskim[43] rule he may read the Torah for the Minyan. Other Poskim[44] however rule he is not to read it. No other Baal Korei available:[45] In the event that there is no other Baal Korei available, the Avel may read the Torah for the congregation. This applies both on Shabbos and during the week.[46] May an Avel during Shiva perform Hagba/Gelila/Pesicha?[47] Yes. Sitting down:[48] If the Avel does Hagba, he may afterwards sit down on a chair with the Sefer Torah.

 

D. The half Kaddish-Is an Avel during Shiva to recite the half Kaddish after the reading?[49]

Some Poskim[50] rule an Avel during Shiva is not to recite the Half Kaddish that follows Kerias Hatorah, even if he is generally accustomed to do so during the mourning period. Others[51] rule the Avel may recite it, and so is the Chabad custom.[52]

 

Is Yehi Ratzon to be recited after the Torah reading?[53] Those communities that are accustomed to reciting Yehi Ratzon after the Torah reading, are to do so also during Shiva in the Minyan of the Avel.

_________________________________________

[1] See Nitei Gavriel Chapter 97

[2] So is evident from Michaber 393:3; Daas Kedoshim 400; Nitei Gavriel 97:1; Vetzaruch Iyun from M”B 548:16 who writes that initially he should not be counted for the Minyan

[3] Shiyurei Bracha 376:4

[4] P”M 131 M”Z 15; Derech Hachaim; Kitzur SHU”A 25:2; M”B 131:35; Nitei Gavriel 97:9

[5] See Chikrei Minhagim 4:120 for a lengthy discussion on this subject

[6] Mor Uketzia 135 based on Michaber Y.D. 344:18 “The entire city is to Daven in the home of the Avel, both during the week and on Shabbos, with exception to Kerias Hatorah of Monday’s, Thursday’s and Shabbos, which is read in Shul.”; Machazik Bracha 135:6; Kaf Hachaim 135:75; Orchos Chaim 135 in name of Meorei Or

[7] The reason: As people do not treat the Sefer Torah properly, and the Michaber ibid rules that even when a Nasi passes away one is to go to Shul for Kerias Hatorah. [ibid] See however Poskim in next footnote who deflect the arguments of the Mor Uketzia.

[8] Mor Uketzia ibid that so is custom despite his disapproval; Toras Chaim Sofer 135:16; Magen Giborim 135; Binyan Shel Simcha 5; Even Yaakov 54; Dudaei Hasadeh 47; Kitzur SHU”A 207:5; Kinyan Torah 4:18; Pnei Baruch 10:24; Nitei Gavriel 97:1

[9] Rama 135:14

[10] See Toras Menachem Tziyon 1:97; Shulchan Menachem 5:153 footnote 17

[11] Yalkut Avraham 135; Shaareiy Rachamim on Shaar Ephraim 9:22; Kinyan Torah 4:18; Nitei Gavriel 97:2 that from the letter of the law it is not required; There is no source in the Poskim [earlier than the Poskim mentioned in next footnote] that require reading from the Sefer Torah on three different occasions

[12] Aruch Hashulchan 135:32; Toras Chaim Sofer 135:16; Siach Yitzchak 1:77 that so was custom in Preshburg; Menuchas Moshe 16 that so is custom; Toras Yekusiel Tinyana 87; Igros Moshe 5:2-13; Pnei Baruch 10:24 that so is custom; See Poskim in Nitei Gavriel 97:2 footnote 5; See Shulchan Menachem 5:153 footnote 17 for different accounts of the Rebbe regarding Aveilus and that the Rebbe gave an option of how to circumvent the issue of the three readings; In Toras Menachem 1988 1:349 this custom of reading the Sefer Torah on three occasions is mentioned, however not with regards to Beis Havel. See Chikrei Minhagim ibid

[13] Michaber Y.D. 384:2; Tur 384 in name of Maharitz Geios; See Nitei Gavriel 97 and 116; Pnei Baruch 10; 23:23; Ketzos Hashulchan 85:10; Piskeiy Teshuvos 135:21; Yalkut Dinei Kerias Hatorah p. 1342

Custom of Rebbeim: The Rebbe Rayatz received an Aliyah on Shabbos and the weekday [i.e. Thursday] during the Aveilus. These Aliyos were not regular Aliyos that the Rebbe received weekly. [Igros Kodesh 6:103; Reshimos Hayoman p. 413, printed in Shulchan Menachem 5:270] The Rebbe ibid concludes that since he has not found a reason for the above, therefore he only received an Aliyah on Shabbos during Shiva. [Igros Kodesh ibid] However, in 1965 during the Shiva for his mother, the Rebbe received an Aliyah on a weekday [i.e. Monday] during the Shiva. [Shulchan Menachem ibid footnote 18]

[14] The reason: As it is forbidden for an Avel to learn Torah. Now, although an Avel is obligated to hear the Torah reading, nevertheless it is forbidden for him to get an Aliyah, as he may not teach Torah to others, and in previous times the custom was for the person getting the Aliyah to read the Torah out loud. [See Nitei Gavriel 97 footnote 6] Vetzaruch Iyun from M”B 548:16

[15] Beir Hagoleh ibid

[16] Y.D. 400:1

[17] Rama ibid; Shach 384:3; Hagahos Maimanis 3

The reason: As otherwise it would be public Aveilus which is forbidden on Shabbos. [Shach ibid]

[18] 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

[19] Some Poskim rule the Levi is to also leave the Shul. [Aruch Hashulchan 400:9] Other Poskim rule the Levi may receive the Aliyah. [Minchas Yitzchak 9:130] See Nitei Gavriel 116:3 footnote 5

[20] Ketzos Hashulchan 85:10

[21] Michaber ibid

The reason: As if he does not go up it would be public Aveilus which is forbidden on Shabbos. [Michaber ibid]

[22] Michaber ibid that so did Rabbeinu Tam when he sat Shiva. Rabbeinu Tam was accustomed to always receive Shelishi, and during his Shiva he went up on his own for the Aliyah of Shelishi, even though the Gabbai did not call up him up. He said the reason he did this is because since he receives Shelishi every Shabbos, one who now sees that he is not going up for Shelishi will say that he is not going up due to his Aveilus, and it is forbidden to show public Aveilus on Shabbos. [Michaber ibid]

[23] Custom of Rebbe and Rebbe Rayatz, brought in Igros Kodesh 6:103, printed in Shulchan Menachem 5:270

[24] Meiri Moed Katan 15a; Nitei Gavriel 97:3

[25] M”B 135:45 in name of Elya Raba and other Poskim; Shaarei Ephraim 8:9; Ketzos Hashulchan 85:10

[26] Shaarei Ephraim 8:9; Derech Hachaim

[27] See Nitei Gavriel 97 footnote 8 in name of Tiferes Yisrael

[28] See Michaber 384:1 and 395:1; Nitei Gavriel 136:6 and 9 in name of Shaareiy Ephraim 8:101; Zera Emes 2160; Beis Naftali 14

[29] Taz 400:1 in name of Rashal 71; Maharit; Kneses Hagedola, Nachalas Shiva 17; Neman Shmuel 39, brought in Birkeiy Yosef 400; Poskim brought in Nitei Gavriel 116 footnote 11 and 136:6

[30] Peri Chadash; Daas Eish 6 brought in Pischeiy Teshuvah 400:5

[31] The reason: As otherwise it is considered public Aveilus. [ibid]

[32] Chaim Bayad 7:10; Sdei Chemed Chasan Vekallah 16; Nitei Gavriel Nissuin 113:3

[33] Pischeiy Teshuvos 399:1 in name of Eish Daas; See Nitei Gavriel Sukkos 101:5

[34] See M”B 548:16

[35] Taz 402:5 based on Rabbeinu Yechiel in Tur 402; Gilyon Maharsha 384:1; Nitei Gavriel 136:23

Other opinions: Some Poskim rule he may not receive an Aliyah even on Mincha of Shabbos, as we do not say Miktzas Hayom Kekulo on Shabbos. [Bach, brought in Taz ibid; The Taz negates his opinion] Other opinions rule one may receive an Aliyah even in Shacharis, if the Shacharis Minyan is later than the regular Minyan during the week. [Beir Moshe 2:11[

[36] The reason: As since during the week he does not get an Aliya by Shacharis on the seventh day therefore also on Shabbos he is to wait. [Taz ibid]

[37] Nitei Gavriel 136:23 and 28 and footnote 36 in name of many Poskim; See Beir Moshe 2:11

[38] Nitei Gavriel 97:6

[39] Nitei Gavriel 97:11

[40] Birkeiy Yosef 400; Dvar Moshe 70; See Michaber 384:1

[41] Birkeiy Yosef 400; Dvar Moshe 70; See Piskeiy Teshuvos 287:4

[42] Kitzur SHU”A 219:3; Pnei Baruch 23:23

[43] Birkeiy Yosef ibid; Dvar Moshe 70; Poskim brought in Pnei Baruch 23:23

[44] Poskim brought in Pnei Baruch 23:23; Divrei Sifrim 384:234; Piskeiy Teshuvos 135:21 footnote 126

[45] Nitei Gavriel 97:5; Piskeiy Teshuvos 135:21

[46] The reason: As this is similar to a case of “Rabim Tzerichim Lo”

[47] Taz 384:1; Aruch Hashulchan 384:8

[48] Derisha 384; Pnei Baruch 10:24

[49] See Nitei Gavriel 98:1

[50] Mili Deavos 1:2; Agudos Eizov 7

[51] Meishiv Halacha 2:220

[52] Nitei Gavriel ibid

[53] Daas Kedoshim 15-6; See Nitei Gavriel 98:2 footnote 5