Chapter 6: Who receives an Aliyah

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Chapter 6: Who receives an Aliyah

 

Introduction:

The general law is that every male Jew above the age of Mitzvos is valid for receiving an Aliyah, with the first two Aliyos always being reserved for the Kohen and Levi. This chapter will discuss the list of people who are invalid for an Aliyah, or people who may have limitations in receiving an Aliyah, and the order of Aliyos given to a Kohen or Levi.

 

1. Who is eligible to receive an Aliyah:

A. One who cannot read along with the Baal Korei:[1]

Although the Olah is required to silently read along together with the Baal Korei, word for word[2] [as explained in Chapter 7 Halacha 6B], nevertheless, it is permitted to give an individual an Aliya even if he is unable to read along with the Baal Korei, such as one who is blind or is illiterate, [or is in middle of Shema]. The details of this case will each be explained throughout this Halacha.

B. Women:[3]

Every person is valid to receive an Aliyah on Shabbos, and be counted as one of the seven required Aliyos, including even a woman. [However, on Yom and any other day of the Torah reading, women are invalid to receive an Aliyah.[4]] This applies despite the fact that women are not obligated in this Mitzvah [of Torah learning[5], or Kerias Hatorah[6]]. Nevertheless, [despite the technical allowance] the [Talmudic] Sages stated that a woman is not to read the Torah for the congregation [or receive an Aliyah, which is considered as if she is reading the Torah[7]].[8] Likewise, [even excluding the above directive of the sages] a woman can only be called for an Aliyah if [adult men are called for the other Aliyos, and] they thus join with the men [for the total of seven Aliyos]. However, one cannot call up women for all the Aliyos, being that they are not obligated in the Mitzvah. [Practically, the widespread custom of all Jewry for many generations is not to call up women for Aliyos, and it is forbidden to swerve from this custom.[9]]

 

Summary:

Women are not to be called up for an Aliyah neither on Shabbos, Yom Tov, or any other day of Torah reading.

 

C. Children:[10]

The letter of the law:[11]  Every person is valid to receive an Aliyah on Shabbos, and be counted as one of the seven required Aliyos, including even a child [who is below Bar Mitzvah but] who is of age to understand who he is blessing. This applies even though children are not obligated in this Mitzvah [of Kerias Hatorah being that they are exempt from all Mitzvos].[12] [However, on Yom Tov, and any other day of the Torah reading, some Poskim[13] rule that children are invalid to receive an Aliyah.]

How many Aliyos may be given to children:[14] A child can only be called for an Aliyah if [adults are called for the other Aliyos, and] they thus join with the adults [for the total of seven Aliyos]. However, one cannot call up children for all the Aliyos, being that they are not obligated in the Mitzvah. 

The custom today:[15] Today the custom is no longer to call up children [below Bar Mitzvah] for an Aliyah [not even Hosafos[16]], with exception to Maftir [and Simchas Torah[17]], as will be explained. This applies even if the child is a Kohen and there is no other Kohen present in Shul, nevertheless the custom is to call up a Yisrael in place of a Kohen.[18] [However, amongst Sephardic communities, some are accustomed to be lenient to call up a child for an Aliyah even today if it is a time of need.[19] Other Sephardic communities, however, are stringent as stated above.[20] Likewise, some places are accustomed to ask a child who is a Kohen to leave the room in order for a Yisrael to be called up.[21] According to all, Bedieved if a child was called up for an Aliyah, it is valid.[22]]

Maftir:[23] A child [who is below Bar Mitzvah but] who is of age to understand who he is blessing[24] may receive the Aliyah of Maftir. This applies not only for Maftir of Shabbos, in which the Maftir simply repeats that which was already read in Shevi’i, but even applies [on Yom Tov] when the Musafim offerings are read for Maftir, and applies when Rosh Chodesh that falls on Shabbos, and by the four Parshiyos. This applies even for Parshas Zachor, as explained next. [Although some are stringent regarding Maftir of Shevi’i Shel Pesach, Shavuos, and Shabbos Shuva, as explained below regarding the Haftorah.] In all these cases he may get the Aliyah of Maftir if he is of age to understand who he is blessing [and knows to read along in the Sefer Torah with the Baal Korei[25], and say the Haftorah properly[26]]. [Practically, although this is the letter of the law, the widespread Ashkenazi custom today is to no longer call up a child for Maftir with exception to Maftir of Shabbos.[27] Accordingly, many communities are accustomed to call up a child for Maftir on Shabbos by the Maftir before his Bar Mitzvah.[28] Practically, the custom amongst Chassidim is not to call up a child below Bar Mitzvah for any Maftir, with exception to extraordinary circumstances.[29] This applies even to the Shabbos prior to the Bar Mitzvah.[30]]

Maftir of Parshas Zachor:[31] If the child knows the meaning behind the Brachos recited before and after the reading, then he may receive the Aliyah and have a Gadol read the portion.[32] [Practically, we do not call up a child for Maftir of Zachar, although if he was already called up then he may receive the Aliyah.[33]]

Haftorah:[34] A child who knows how to read and to pronounce the words properly, and knows to whom he is saying the blessing [i.e. that he is blessing G-d], is able to [receive the Aliyah of Maftir, as stated above and] say the Haftorah from the Navi. However, some are accustomed to being stringent regarding the reading of Merkavas Yechezkel which is read on Shavuos, and the Shira of David which is read on the seventh day of Pesach to only call up an adult to read.[35] Some are accustomed to do so also for the Haftorah of Shabbos Shuva.[36]

Child above Bar Mitzvah:[37] A child above the age of Mitzvos may receive an Aliyah even if one is unsure if he has grown two pubic hairs.

 

Summary:

Although from the letter of the law a child who is of age of Chinuch may receive an Aliyah despite being below the age of Bar Mitzvah, practically, it is no longer customary for children to be given Aliyos to the Torah with exception to Maftir in which case some communities are lenient, especially by the Shabbos prior to the Bar Mitzvah. The Chabad custom is to be stringent in this matter at all times and to never call a child below the age of Mitzvos for any Aliyah.

D. Am Haaretz [One who is illiterate]:[38]

It is permitted for an Am Haaretz to receive an Aliyah to the Torah even if he is illiterate and thus cannot read the words in the Sefer Torah. [This custom is followed today even amongst Sephardim.[39] However, he should not be called up for the Aliyah of Parshas Zachar or Parah.[40] Furthermore, some Poskim[41] rule that he is not to even be called up for Maftir of Yom Tov, or the four Parshiyos. Some are particular to only call up such a person for one of the added Aliyos, or Maftir of Shabbos.[42]]

Must the person at least be able to repeat the words after the Baal Korei?[43] Although one who is illiterate may be called up to the Torah, it is required for him to at least be able to verbalize the words [by heart[44]] after the Baal Korei. [Practically, however, we are no longer particular in this matter to make sure that the Olah knows how to at least repeat after the Baal Korei by heart, as we assume everyone knows to do so.[45] Nonetheless, some Poskim[46] rule that indeed it remains incumbent on the Olah to repeat the words after the Baal Korei even if he does not know how to read from the script, and if he does not do so then he cannot get an Aliyah. Others[47] however argue that although it remains true that he cannot get an Aliyah if he does not even know to repeat the words from the Baal Korei by heart, nonetheless if he does know how to do so then he is not required to do so, and on the contrary it is better for him to remain silent and simply listen to the reading then to repeat. Practically, we rule like the latter opinion.[48]]

Calling up an Am Haaretz before a Torah scholar: It is even permitted to call a wealthy and powerful Am Haaretz to the Torah over a Torah scholar, as explained in Halacha 8A.

 

Summary:

It is permitted to call up for an Aliyah a person who does not know how to read Hebrew, so long as he has the physical capability to repeat the words after the Baal Korei. Nonetheless, he is not required to repeat the words.

 

E. Mamzer, & Rasha:

A Mamzer:[49] It is permitted for a Mamzer to receive an Aliya to the Torah.[50]

A slave:[51] A slave who has not been emancipated has the same status as a woman.[52] However, if his mother is Jewish, then he is considered a complete Jew for all matters.[53]

A Rasha:[54] It is permitted for a Rasha [who affiliates as an observant Jew] to receive an Aliyah. This applies even if he transgresses very severe prohibitions, such as Giluiy Arayos [i.e. incest, or eating Neveilos]. Nevertheless, one is not to call him up for an Aliyah that discusses his sin [being that it makes it seem as if he is not a sinner, and due to the prohibition against embarrassing a fellow Jew[55], unless doing so will most certainly cause him to repent[56]].[57] [Nevertheless, one who is a public sinner who is not ashamed of publicizing his sin for all to know is not to be called up for an Aliyah. The same applies for one who openly scoffs at the Sages and Oral Torah.[58]]

 

Q&A

May one who is not religious and is Michalel Shabbos Bifarhesya receive an Aliyah?[59]

From the letter of the law, one who desecrates Shabbos in public is considered like a gentile for all matters.[60] Nevertheless, it is permitted for a non-religious Jew to receive an Aliyah to the Torah even if he is not Shabbos observant, and desecrates Shabbos in public.[61] Nonetheless, if possible, it is best to call them up for the additional Aliyos, such as Maftir on Shabbos, or Aliyos which are added to the minimum seven in those Shuls accustomed to add, or for Pesicha or Hagbah or Gelila.

Reform Jews and professed atheists: Some Poskim[62] rule that the above allowance only applies for the typical non-religious Jew who nevertheless come to Shul to Daven, however Jews who are professed atheists or strong adherents and advocates of reform Judaism, are not to be called up for any Aliyah.

The Rebbe’s approach-Left to judgment of Shul based on pros versus cons:[63] The Rebbe wrote the following approach in regards to whether a Shul may give an Aliyah to apparent non-religious Jews: This matter is dependent on a number of factors, including: 1) The background of the person who desires the Aliyah [i.e. if he is a professed mocker of Torah] and 2) the effect he [or his Aliyah] may have on the congregation. Based on these factors, the Shul is to make a decision in whether to give him an Aliyah. Nonetheless, in general one should act in a way of “Yemin Mikareves,” especially if there is mere doubt as to his irreligiosity.

May one who drove to Shul on Shabbos receive an Aliyah?

Yes, if they are considered a Tinok Shenishba. However, some Poskim[64] write that such a person is not to receive an Aliyah.

May one who is married to a gentile woman receive an Aliyah?

The Poskim[65] rule that a person who is married to a gentile woman is not to receive an Aliyah. However, in a time of need, and if the person is considered a Tinok Shenishba, there is room to be lenient.[66]

May one who is not circumcised receive an Aliyah?

The Poskim[67] rule that a person who is not circumcised, and adamantly refuses to do so, is not to receive an Aliyah. However, if the person is not against circumcision and simply have yet to do so due to other reasons, may receive an Aliyah.[68]

May one who shaves his beard with a razor receive an Aliyah?

Some Poskim[69] rule that a person who shaves his beard with a razor is not to receive an Aliyah. Practically, one may be lenient unless there is a set community custom otherwise.[70]

May one who has converted to another religion receive an Aliyah?

If the religion is defined as idolatry then seemingly he may not receive an Aliyah until he does Teshuvah.[71] If, however, the religion is not defined as idolatry, such as Islam, then he may receive an Aliyah.[72]

 

F. One who is disabled r”l:

Blind:[73] It is permitted for a blind man to receive an Aliya.[74] [This applies even if he is an Am Haaretz.[75]] However, he is only to be called up if he is physically able to verbalize the words after the Baal Korei [although he is not required to do so and may listen quietly to the Baal Korei[76]].[77] [This custom is followed today even amongst Sephardim.[78] However, he should not be called up for the Aliyah of Parshas Zachar or Parah.[79] Furthermore, some Poskim[80] rule that he is not to even be called up for Maftir of Yom Tov, or the four Parshiyos. Some are particular to only call up such a person for one of the added Aliyos, or Maftir of Shabbos.[81]]

Mute:[82] One who is mute may not receive an Aliyah, being that he is unable to say the blessings. Nevertheless, in a case of great need [i.e. an Adam Gadol, or Baal Bris] some Poskim[83] allow him to get an Aliyah and have another say the blessings on his behalf.

Deaf:[84] One who is deaf and is unable to speak may not receive an Aliyah. If he is able to speak, then he may receive an Aliyah and read silently from the script. [This applies even if he was born as a deaf mute and was then trained how to talk.[85]]

Insane:[86] One who is mentally insane may not receive an Aliyah.

One who cannot stand-Person in wheelchair:[87] The Olah must stand during the reading. [Thus, one who is stuck to a wheelchair and cannot stand, may not receive an Aliyah.[88] Nonetheless, Bedieved if the Olah remained in a sitting position he is Yotzei.[89] Accordingly, one may be lenient in a time of need. For example, if the entire Minyan, or majority of the Minyan, is made up of people who cannot stand, such as in a hospital or old age home, and there are thus not enough people who can stand to have the Aliyos distributed to, then seemingly one may call him up for an Aliyah.[90] Furthermore, if the person who is stuck to the wheelchair is a Chiyuv, such as a boy by the day of his Bar Mitzvah, or Chasan by his wedding, then some Poskim[91] rule that he may receive an Aliyah.[92] Furthermore, some Poskim[93] rule that one may be lenient to give an Aliyah to one who is stuck in a wheelchair even if he is not a Chiyuv.[94]]

Not to call Baal Mum for an Aliya that discussed his defect:[95] One is not to call someone with a defect for an Aliyah that discusses his defect.

G. One who is not dressed properly:[96]

One whose clothing are torn, and his arms and legs are revealed may not receive an Aliyah.

 

May a Baal Keri receive an Aliyah?

From the letter of the law, there is no impediment for a Baal Keri to receive an Aliyah.[97] Nonetheless, it is initially improper for a Baal Keri to purchase an Aliyah.[98] However, if he was already called up, or is a Chiyuv, then he may receive the Aliyah. In such a case, it is best for him to immerse in a Mikveh on the day of his Chiyuv, or at the very least take a shower [i.e. Nine Kavim] beforehand.[99] Chassidim are very particular in this matter, and try to immerse daily.

 

2. Avel/Mourner during Shiva:[100]  

During the weekdays: It is forbidden for an Avel to receive an Aliyah throughout Shiva.[101] 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.[102]]

On Shabbos:[103] 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.[104] [Some Poskim[105] 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[106] if this likewise applies to a Levi. If the Kohen or Levi does not leave the Shul then he is to be called up.[107]] 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.[108] 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.[109] [Based on this, the Rebbe was accustomed to receive an Aliyah on Shabbos during Shiva, as he did every Shabbos.[110]]

 

Q&A on Aliyah during the week

During the week, if the Avel is a Kohen/Levi is he to leave the Shul prior to the Aliyah?

Some Poskim[111] rule that the Avel is not required to leave the Shul prior to Cohen/Levi. Other Poskim[112] rule he is initially to leave the Shul beforehand.

 

If the Avel was accidently called up for an Aliyah during the week is he to go up?[113]

No. This applies even if he is a Kohen. However, some Poskim[114] rule he is to go up for the Aliyah.

 

If the Minyan is made up of Aveilim, may an Avel receive an Aliyah?[115]

Yes.

 

May an Avel during Shiva be a Gabbai and give out the Aliyos?

Some[116] write that he is to avoid doing so.

 

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[117] rule he may not receive an Aliyah even on Shabbos. Other Poskim[118] rule he may receive an Aliyah.[119]

 

Q&A on Aliyah during Shabbos

May an Avel receive an Aliyah on Shabbos day if it is the 7th day of Aveilus?[120]

Shacharis: Although from the letter of the law he is allowed to receive an Aliyah during Shacharis, practically, he is not to do so.

Mincha: He may receive an Aliyah by Mincha. 

 

May an Avel prior to Shiva receive an Aliyah during Simchas Torah?

Yes.[121] However, some write he is not to be called up as one of the five required Aliyos.[122]

 

Misc. Q&A

May an Avel during Shiva read the Torah?

Weekday-Monday’s and Thursday’s: An Avel may not be the Baal Korei.[123]

Shabbos: An Avel may not read the Torah even on Shabbos.[124] If an Avel is the set Baal Korei in Shul for Shabbos he is to avoid Davening in that Shul during Shiva.[125] If he does Daven in that Shul then some Poskim[126] rule he may read the Torah for the Minyan. Other Poskim[127] however rule he is not to read it.

No other Baal Korei available:[128] 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.[129]

May an Avel during Shiva perform Hagbah/Gelila/Pesicha?[130]

Yes.

Sitting down:[131] If the Avel does Hagbah he may sit down afterwards on a chair with the Sefer Torah.

 

3. May one receive an Aliya to the Torah if he has not yet recited Birchas Hatorah?[132]

One may receive an Aliya to the Torah even if he has not yet recited Birchas Hatorah.

The Seder: He is to recite the blessing of Asher Bachar Banu and read along inside together with the reader.[133] After the Aliya he is to recite the two blessings of Al Divrei Torah and Viharev Nah [prior to learning Torah[134]].[135] However the blessing of Asher Bachar Banu is not to be repeated afterwards.[136] Hence, as soon as he concludes the second blessing he is to immediately recite the customary Birchas Kohanim.[137] Nevertheless, initially, before the Aliya the person is to quickly recite the first two blessings of Al Divrei Torah and Viharev Nah, and then continue aloud with the blessing of Asher Bachar Banu said on the Torah.[138] Likewise, when reciting the blessing of Asher Bachar Banu he is to have in mind to fulfill his obligation of Birchas Hatorah with this blessing.[139]

 

May one listen to Kerias Hatorah prior to saying Birchas Hatorah?[140]

No.

4. May one be called up twice for an Aliyah:[141]

A. In the same Minyan:[142]

One is not to be called up twice during the same Torah reading unless there is no one else who is able to be called up. This restriction especially applies if the person is being called for an Aliyah by two separate Sifrei Torah, in which case calling up the same person for an Aliyah in both Sifrei Torah can spread slander against the validity of the first Sefer Torah.[143] Nonetheless, this restriction also applies even by a single Sefer Torah, as it is better for a new Aliyah to be given to one who has not yet received an Aliyah in this Minyan.[144] [However, in a time of need some Poskim[145] rule that one may be lenient to give another Aliyah to one who already went up.[146]]

Receiving a regular Aliyah and Maftir:[147] One who received an Aliyah during the regular reading is not to also receive an Aliyah for Maftir, as stated above. If, however, there is no one else available who knows to read the Haftorah, then one may call the person up for Maftir even if he already received an Aliyah during the reading. See Chapter 12 Halacha 6A-B regarding what to do in such a case if the person who knows to read the Haftorah received Shevi’i.

B. In a different Minyan:[148]

It is permitted for one to be called up for a second Aliyah by another Minyan’s Torah reading. This applies even if he is called up for the same portion that was read when he was called up the first time, nevertheless even in such a case he is to repeat the blessings of the Aliyah on the repeated portion.

5. Calling up relatives to Aliya’s:[149]

From the letter of the law it is permitted to call two relatives to the Torah for an Aliyah one after the other. This applies whether they are brothers or father and son. However, the custom is to avoid doing so due to Ayin Hara.[150] If however one does not call the two relatives by name then it is allowed.[151] [Practically, however, the custom is not to call up relatives one after the other even if they are not called to the Torah by names.[152] This prohibition applies even if the relatives claim they are not particular about Ayin Hara.[153] It is however permitted to call up relatives for Aliyos if there is a break of an Aliyah in between in which a relative was not called up.[154]]

Shevi and Maftir:[155] One is not to call two relatives for Shevi and Maftir. [This however only applies by Maftir of Shabbos, in which one reads both Aliyos from the same Sefer Torah and therefore the Ayin Hara applies. If, however, the Shevi and Maftir are read from two different Sifrei Torah, as occurs on Yom Tov and whenever there are two Torah’s taken out on Shabbos, then the Aliya’s may be given to two relatives, one for Shevi and the second for Maftir.[156] However, when three Sifrei Torah are removed, relatives may not be called up for Shishi and Shevi, being that Kaddish is not recited in-between. Likewise, when two Sifrei Torah are removed during the week, relatives may not be called up for Shelishi and Revi’i, being that Kaddish is not recited in-between.[157] However, in a time of need one may be lenient.[158] In such a case the relative who received the previous Aliyah is to descend from the Amud before the new Aliyah is begun.[159]]

 

Summary:

Relatives such as a father and son, or siblings, are not to be called for an Aliyah one after the other. If there was another Aliyah in between it is permitted to do so. When two Sifrei Torah are removed, it is permitted to call them up for Shevi’i and Maftir.

 

Q&A

What relatives are included in the above prohibition against giving an Aliyah one after the other?

Father son:[160] The prohibition applies to a father and son [whether one calls up the son after the father or the father after the son].

Brothers:[161] The prohibition applies to brothers. [This applies whether they are brothers maternally and paternally, or are brothers only paternally, or are brothers only maternally.[162]].

Grandfather and Grandson: Some Poskim[163] rule it is permitted to call up a grandfather and grandson, or vice versa, one after the other [if they do not have the same name[164]]. Other Poskim[165] rule it is forbidden to call up a grandfather and grandson from his son, or vice versa, one after the other. However, a grandson from his daughter is permitted even according to this opinion.[166] Practically, one is to be stringent in this matter unless the community custom is to be lenient.[167] In a time of need one may be lenient.[168] Likewise, Bedieved, if the grandson/grandfather was already called up, he is to take the Aliyah.[169] Likewise, one may be lenient to call them up for Shevi’i and Maftir even in a single Sefer Torah.[170]

Father/son in-law:[171] It is permitted to call a father and son in-law to the Torah one after the other.

What is one to do if he was accidently called to the Torah after an invalidating relative [father/brother]?

If he already went up to the Bima then he is to accept the Aliyah.[172] It is proper in such a case for the relative who received the previous Aliyah to descend from the Bima right away and not wait until after the current Aliyah.[173] If he did not yet go up to the Bima then he is not to go up and rather another person is to be called up in his stead.[174]

If one called a person for an Aliyah and he was not in Shul, may the previous Aliya’s son/relative be called for an Aliya?

Some Poskim[175] rule it is permitted to do so.[176] Other Poskim[177] rule it remains forbidden.

If one called a person for an Aliyah and he was not in Shul, may his son/relative be called up in his place?[178]

Yes.

May a child who is under Bar Mitzvah receive the Aliyah of Maftir if his father/relative received Shevi?[179]

Yes.

On Simchas Torah may relatives be called up one after the other?[180]

The custom is to be lenient in this matter to allow calling relatives for Chasan Torah and Chasan Bereishis, one after the other. [However, regarding the Aliyos in Vezos Habracha, seemingly one is to be stringent even on Simchas Torah not to call relatives one after the other.[181] However, some Poskim[182] write that the custom is to be completely lenient even regarding the other Aliyos.]

May two relatives be called up for Hagbah and Gelila?[183]

Yes. However, one is not to call them both up by name, or give them both a Mi Shebeirach.

 

6. Getting an Aliyah in the middle of Davening:

A. The law if one was already called up:[184]

If a Kohen is in the midst of reading Kerias Shema [or Birchas Shema[185]], and was called up [by name[186]] to the Torah, some Poskim[187] rule he may not stop [to go up to the Torah for the Aliya].[188] [Certainly, a Levi or Yisrael may not stop in middle for an Aliya.] Other Poskim[189], however, rule that even a Yisrael who is in the midst of Kerias Shema, and was called up [by name[190]] to the Sefer Torah, is to stop even in middle of the paragraph.[191] Practically, so is the custom in these provinces [of Ashkenaz, that even if a Yisrael was already called up in middle of Shema, he is to stop and go to the Torah for the Aliyah], and one is not to swerve from the custom, in order to avoid dispute.[192] [According to all, one who is in the middle of Pesukei Dezimra and was called up by name, may stop and go up for the Aliya.[193]] According to all, one who [already recited Goal Yisrael[194], and certainly one who] is in the midst of Shemoneh Esrei, may not stop for the Aliyah.[195] [One who is in the midst of the verse of Shema or Baruch Sheim Kevod Malchuso, must finish until the end of Leolam Vaed, and only then may he go up for the Aliyah.[196] Furthermore, whenever one is called up in middle of a paragraph, he should hurry and try to reach the end of the paragraph, or at the very least, the end of that topic, and only then go up. If, however, doing so will cause a delay to the reading, then he is immediately stop wherever he is holding and go up to the Torah.[197]]

  

B. Lechatchila – Initially calling one up:

Yisrael:[198] According to all opinions, a Yisrael who is in the midst of Kerias Shema, or Pesukei Dezimra, may not initially be called for an Aliyah. [However, between Yishtabach and Yotzer, he may be called up even initially.[199] However, some Poskim[200] rule that this applies even in-between Yishtabach and Yotzer.]

Kohen/Levi-Past Yotzer Or:[201] If a Kohen [or Levi[202]] is in the midst of reading Kerias Shema [or Birchas Shema[203]], one may not initially call him to the Torah [even if he is the only Kohen in Shul], and rather a Yisrael is to be called up in his place.[204] [One is not to delay until the Kohen finishes Shemoneh Esrei in order for him to be called up.[205]] In such a case, however, it is best for the Kohen to leave the Shul, prior to the Aliyah.[206] [However, even if he did not leave the Shul, the Chazan may say Yisrael Bimekom Kohen.[207]] [However, other Poskim[208] rule, that if there is no other Kohen [or Levi] in Shul then one may even initially call the Kohen to the Aliya.[209] Accordingly, some Poskim[210] conclude that if he is the only available Kohen or Levi in Shul, then one may be lenient to call him up if he is between the paragraphs [of Shema or Birchas Kerias Shema]. Although, it is best for him to leave the Shul prior to the Aliyah and thus not be called up.[211] However, according to Admur, one should not call him up even between the Perakim, as is the simple implied ruling of the Poskim.[212]]

Kohen/Levi-Past Baruch Sheamar:[213] If the Kohen [or Levi] is in the midst of Pesukei Dezimra, then according to all one may even initially call him up if he is the only Kohen or Levi in Shul.

 

C. Reading along in the Torah:[214]

In the event that one was called up to the Torah in the midst of reading [the blessings of Shema or the paragraphs of] Shema, he is not to read at all inside the Torah together with the Baal Korei.[215] [If, however, he is in the middle of Pesukei Dezimra, some Poskim[216] rule he may read along with the Baal Korei. Other Poskim[217], however, rule he may not read along even when in the midst of Pesukei Dezimra.]

D. Mi Shebeirach:[218]

One who received an Aliyah in middle of reading the Shema [or Pesukei Dezimra[219]] is certainly not to stop to request the Chazan/Gabbai to recite a Mi Shebeirach [on his behalf]. [If, however, the Gabbai already began the Mi Shebeirach and then forgot his name, he may say his name.[220]]

E. Resuming the prayers:[221]

After one completes the Aliyah[222] he is to resume his reading of Shema [or other part of Davening] from the place he left off. He is not required to return to the beginning of Shema even if the interval was of enough time to have read the entire Shema.[223]

 

 

Summary:

Lechatchila: It is initially forbidden for the Gabbai to call any person up for an Aliyah if he is in the middle of Pesukei Dezimra, or Birchas Shema [past Yotzer Or], unless he is the only Kohen or Levi in Shul, and is within Pesukei Dezimra [and not past Yotzer Or]. [Some Poskim however allow one who is between Yishtabach and Yotzer Or to be called up even initially.] When a Kohen or Levi is past Yotzer Or and thus cannot be called up, he is to leave Shul prior to the Aliyah, if he is the only Kohen or Levi present.

Bedieved: If one who is past Baruch Sheamar, but before Goal Yisrael, was called up to the Torah, then according to Ashkenazi custom he is to go up for the Aliyah and say the blessings. This applies even if he is a Yisrael, and even if he was in the midst of reading the Shema. If the person was called up in middle of a paragraph, he should hurry and try to reach the end of the paragraph, or end of that topic, if it will not delay the reading. If he is past Yotzer Or, he is not to read at all inside the Torah together with the Baal Korei. If, however, he is in the middle of Pesukei Dezimra, he may read along with the Baal Korei.] He certainly may not stop to request the Chazan/Gabbai to recite a Mi Shebeirach. After one completes the Aliyah, he is to resume his Davening from the place he left off.

 

Q&A

If one who is past Baruch Sheamar was motioned up for an Aliyah, or called by his first name, but his full name was not said, is he to go up and may he say his full name?

It is questionable if he is to go up, even if his first or last name was mentioned aloud, so long as his full name and father’s name which he usually uses to get an Aliya was not mentioned.[224] Certainly, he may not go up if he was only privately asked or motioned.[225] If, however, the Gabbai is persistent, then one may do so due to respect of the congregation, but is not to say his name.[226] If, however, the Gabbai is also persistent about his name, then he may say it.[227]

If one wants an Aliyah, and he knows he will be past Baruch Sheamar, may he ask the Gabbai beforehand to call him up?

No, as stated above that initially he may not stop in middle for an Aliya. However, if he will be between Yishtabach and Yotzer Or, then some Poskim are lenient, as stated above.

May one who is past Baruch Sheamar purchase an Aliya?

No. This applies even if he will not need to verbalize the amount of money he is offering. However, if he is between Yishtabach and Yotzer Or, then some Poskim are lenient, as stated above.

If one who is past Baruch Sheamar was called up for Maftir, is he to also read the Haftorah?[228]

If he is in the midst of Pesukei Dezimra, he is to read the blessings of the Haftorah, and the Haftorah.[229] If he is in the midst of Birchas Shema or Shema, then if it is accepted in that community for one person to say the blessings and have another say the Haftorah, then he is to say the blessings of the Haftorah and have another person read the Haftorah for him.[230] However, in those communities that the custom is always for the Maftir to read the Haftorah, then he is to do so.[231]

 

May one be a Baal Korei to read from the Torah if he is in the middle of Davening?[232]

If the Sefer Torah has been removed and the only available Baal Korei is in middle of Davening [Baruch Sheamar until Shemoneh Esrei], he may stop and read from the Torah. This applies even if he is in middle of Shema, or Birchas Kerias Shema, although initially he is to try to finish until the end of the paragraph. In such a case, he is not to be the Gabbai who calls people to the Torah.

 

May a lone Kohen who is in the midst of Pesukei Dezimra say his name to be called up for the Torah reading?

It is best for him to go up without mentioning his name. If, however, the Gabbai asks for it, then he may say it.[233]

 

 

7. The Aliyos of Kohen and Levi:

A. A Kohen and Levi receiving the first and second Aliyos:[234]

The order of Aliyos is first Kohen, then Levi and then Yisrael. [The Chabad custom is to be very particular in this order and to always try to call up a Kohen, and then Levi, and then Yisrael.[235]]

Calling a Kohen first: The Kohen is awarded the first Aliyah as part of the Biblical positive command of “Vekidashto” which requires that the Jewish people honor and precede him to every matter of holiness.[236] From the letter of the law, according to some Poskim[237], this only applies if there is no one of greater Torah stature present. The widespread custom however is to precede a Kohen to a Yisrael even if the Kohen is an ignoramus, while the Yisrael is a great Torah scholar.[238] This applies even if the Kohen is illiterate, as explained in Halacha 1D.[239] [This applies by all Torah readings, whether Shabbos, Yom Tov, or Monday and Thursday.[240]]

Calling a Levi second:[241] The Levi is awarded the second Aliyah as the verse[242] states “And Moshe wrote the Torah and gave it to the Kohanim, the sons of Levi,” from which we learn that the Levi comes after the Kohen. 

 

Q&A

Who is believed to be a Kohen?[243]

Anyone who says that he is a Kohen is to be believed and one is required to give him the first Aliyah.

 

Must a guest Kohen inform people in Shul of his Kehuna status in order so he receives the Kohen Aliyah?[244]

The Kohen is not obligated to inform the congregation or Gabbaim that he is a Kohen. However, if the people ask if there is a Kohen present, then he must respond. A Levi must always inform the congregation that he is present in order so the Kohen does not receive a second Aliyah without due cause.

 

Must a Kohen be called up if he is not participating in the Minyan and just happens to be present?[245]

Yes. The Kohen must be called up even in such a case.

 

Must a Kohen and Levi be called up first even by a private Minyan taking place in one’s home?

Yes.[246] Nonetheless, some Gedolei Yisrael were lenient in such cases to ask the Kohen to leave the Shul prior to the Aliyah, as explained in B.[247]

 

May the Gabbai sell the Aliyah of Kohen for the sake of making income for the Shul?

See Halacha B!

 

Must a Kohen be called up first even if he is a Rasha?[248]

A Kohen is required to receive the first Aliyah even if he is a Rasha and performs severe sins such as Giluiy Arayos[249], unless he is guilty of the following sins, in which case it is not required to give him the first Aliyah: 1) Converted to another religion, even if it is not idolatry, such as Islam.[250] 2) Desecrates Shabbos in public.[251] [See Halacha 1E] 3) Is, or was, married to a [gentile[252]], divorcee, Mamzer, Chalalah, Chalutza, convert, Zonah.[253] 4) Does not avoid the impurity of the dead.[254] 5) Is not circumcised and refuses to do so.[255] In all the above cases he is invalid until he does Teshuvah, with exception to a Kohen who marries any of the above women in which case he must make a vow “Al Daas Rabim” to never marry them again.[256] In the above cases [with exception to the cases enumerated in Halacha 1E in Q&A], the Kohen may receive other Aliyos [i.e. Maftir].[257]

Daughter of Kohen committed adultery or conversion: If the daughter of a Kohen is found guilty of adultery, or conversion to another religion, some Poskim[258] rule that her father becomes desecrated from the Kehuna, and is not to be called first to the Torah. Practically, the custom is unlike this opinion.[259]

 

Is a Kohen who has a blemish [i.e. Baal Mum] to receive the first Aliyah?[260]

Yes.

 

Is a Kohen who is a Challal [i.e. born from forbidden marriage of Kohen] to be given the first Aliyah?[261]

No. A Kohen who is a Challal is not considered a Kohen at all.

 

B. May a Kohen or Levi forgo his honor and have a Yisrael called up in his stead?

Some Poskim[262] 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. Other Poskim[263], however, rule that a Kohen or Levi may forgo their honor and have a Yisrael called up in their place. [Practically, the custom is like the former opinion.[264] Nonetheless, in a time of need, some Poskim are lenient, as explained in the Q&A.]

 

 

Q&A

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?[265]

As stated above, it does not help for a Kohen to forgive his honor. Accordingly, some Poskim[266] 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[267], however, 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[268] rule that the Kohen is to leave the Shul prior to the start of the Aliyah. Other Poskim[269], however, 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. [Practically, the custom is like the former opinion, to not allow a Kohen to forgive his Aliyah.[270] 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:[271] 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.[272]]

 

On a special occasion such as the High Holidays, may one sell the Aliyos of Kohen and Levi to the highest bitter?

This matter follows the same dispute mentioned above. Some Poskim[273] rule it is permitted to sell to the highest bidder even the Aliyah of Kohen and Levi, as the Kohen only receives precedence when the Aliya’s are not being sold. Other Poskim[274], however, forbid doing so. Practically one who desires to do so is to have the Kohanim exit the Shul prior to the Aliyah of Kohen.[275]

 

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[276] 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.

 

C. Kohen or Levi receiving other Aliyos:[277]

Some Poskim[278] rule that it is permitted to call a Kohen or Levi for the middle Aliyos [i.e. Shelishi and onwards] so long as a Yisrael was called up for the previous Aliyah, and so is the Sephardi custom. [Thus, if a Yisrael received Shelishi a Kohen or Levi may receive Revi’i.] The Gabbai is to announce in such a case “Af Al Pi Shehu Kohen or Levi”.[279] Other Poskim[280], however, rule that one may not call up Kohen or Levi for any of the Aliyos from Shelishi and onwards, with exception to [Achron, by added Aliyos[281], and] Maftir, and so is the Ashkenazi custom. Nevertheless, in a time of need [such as Simchas Torah[282]] one may rely on the first opinion.

A Minyan without enough Yisraeilim:[283] If there are not enough Yisraelim available in the Minyan, then a Kohen or Levi may be called up for the other Aliyos. If there is only one Yisrael in the Minyan, then he is to receive Rishon instead of a Kohen due to Darkei Shalom[284], [unless a Levi is also present, in which case the regular order of Kohen, Levi, Yisrael is followed.[285] Likewise, if the Kohanim specifically desire the first Aliyah, they may receive it even if there is only one Yisrael present.[286] If there are two Yisraeilim present by the Minyan [even though there is no Levi], then the normal order of Kohen [for the first two Aliyos] and then Yisrael is always followed.[287] If there are two Levites and two Yisraeilim, then one repeats the order of Kohen, Levi, Yisrael, twice.[288] Some Poskim[289] rule that whenever calling up a Kohen or Levi for the middle Aliyos due to lack of Yisraeilim, one is to try to call up a Yisrael in-between two Kohen Aliyos, if possible.]

 

Q&A

May a Kohen or Levi receive Chasan Torah or Chasan Bereishis?[290]

Yes.

May a Kohen or Levi receive Maftir Yonah?[291]

No. This applies even if they outbid others for the Aliyah, and applies even if the Aliyah was already sold to them.

According to the Ashkenazi custom, what is the law if a Kohen or Levi were called up for one of the middle Aliyos?[292]

If the Kohen or Levi already began reciting the blessings, then he is to continue, and the Aliyah is valid. If the Kohen or Levi did not yet begin reciting the blessings, then the Kohen/Levi is to go up to the Bima and remain there until Maftir, and then receive Maftir. A Yisrael is to be called up in their stead for the current Aliyah. If it is not possible for the Kohen/Levi to receive Maftir, or remain by the Bima until then, then if a Yisrael was called up for the previous Aliyah, then the Kohen/Levi may receive the current Aliyah. If the previous Aliyah was given to a Levi or Kohen [i.e. they called up a Kohen for Shelishi], then he is not to receive that Aliyah.

 

D. No Levi in Shul:[293]

If there is no Levi in Shul, the same Kohen who received the first Aliya is called up in his place for the second Aliya. The Gabbai is to recite “Bemakom Levi.”[294] [This applies even on days that the Aliyah of Levi repeats the same reading of Kohen, such as on Rosh Chodesh, or on Chol Hamoed Sukkos in Eretz Yisrael.[295]]  

E. No Kohen in Shul-If a Kohen is not found in Shul, may a Levi be called up in place of the Kohen?[296]

If there is no Kohen present in Shul, it is permitted for a Levi to go up in his place [if there is no Yisrael of greater stature than the Levi[297]]. [However, other Poskim[298] rule a Levi may never go up in place of a Kohen, and thus when there is no Levi in Shul, a Yisrael is to receive all first three Aliyos of Kohen, Levi, Yisrael, calling up a different Yisrael for each Aliya.[299] Practically, each community is to follow their custom in this matter.[300] Most communities, Ashkenazi and Sephardi are accustomed like the former opinion, that a Levi may go up instead of a Yisrael.[301] There however is no obligation to call a Levi in place of the Kohen, and it is left to the discretion of the Gabbai whether to call a Levi or Yisrael[302], unless the Levi is of greater stature than the Yisrael[303], or the Levi has a Chiyuv.[304] In all cases, whether or not a Levi was called up in place of a Kohen, a Levi is not to be called up for the 2nd Aliyah of Levi, and it is rather given to a Yisrael.[305]]

How to call up the Levi:[306] Upon calling the Levi [or Yisrael[307]] instead of Kohen, the Gabbai is to recite “Bemakom Kohen”, in order so they do not mistake him as a Kohen.[308]  [However, when the Yisrael is called up in place of Levi, there is no need to say “Bimekom Levi.”[309] However, when a Kohen is called up instead of a Levi, the Gabbai is to say “Bimekom Levi”.[310]]

 

Summary:

Whenever there is no Kohen present in Shul, it is permitted for a Levi to go up in his place. There is however no obligation to call a Levi in place of the Kohen, unless the Levi has a Chiyuv.  In all cases, whether or not a Levi was called up in place of a Kohen, a Levi is not to be called up for the 2nd Aliyah of Levi, and it is rather given to a Yisrael. Upon calling the Levi [or Yisrael] instead of Kohen, the Gabbai is to recite “Bemakom Kohen”, in order so they do not mistake him as a Kohen.  

 

If there is a Chasan in Shul:

Some Poskim[311] rule that if there is a Chasan in Shul, then he is to receive the first Aliyah if there is no Kohen present.

 

F. Called up Levi/Yisrael in place of Kohen and a Kohen then entered:[312]

If there was no Kohen in Shul and a Levi or Yisrael was called up in his place, and then a Kohen entered, whether or not the Levi/Yisrael is to step down is dependent on whether the blessing was already begun:

Levi/Yisrael already began Bracha: If the Kohen entered the Shul only after the [Levi or] Yisrael already said [Hashem’s name, Baruch Ata Hashem[313], in] the blessing [of Asher Bachar Banu], then the Levi/Yisrael is to continue and finish the Aliyah.[314] [This Aliyah counts as one of the minimum required Aliyos and the Kohen is not called up at all, not for that Aliyah or the subsequent Aliyos.[315] One is to continue the remaining Aliyos in the same order followed when there is no Kohen in the room.]

Levi/Yisrael did not yet begin Bracha: If the Levi or Yisrael did not yet say Hashem’s name in the blessing of Asher Bachar Banu, then the Levi/Yisrael is to stop and the Kohen is to be called up [by name] in his stead. This applies even if the Levi/Yisrael already said Barchu, so long as he did not yet say the words Baruch Ata Hashem of the blessing of Asher Bachar Banu.[316] In such a case that the Kohen replaced the Levi/Yisrael, the Yisrael is to remain by the Bimah until after the Aliyos of Kohen/Levi and receive one of the subsequent Aliyos [and if he is a Levi then he is to receive the Aliyah of Levi].[317] [The Yisrael/Levi is to be called up a second time by name for a subsequent Aliyah.[318] Even in the event that the Levi/Yisrael already said Barchu, nevertheless, the Kohen is to repeat Barchu.[319] Likewise, when the Levi/Yisrael receives one of the subsequent Aliyos, he is to recite Barchu again.[320]]

 

Summary:

If there was no Kohen in Shul and one called up a Levi or Yisrael in his place of a Kohen and then a Kohen entered then if the Levi/Yisrael already said Hashem’s name in the blessing of Asher Bachar Banu, then the Kohen is not called up and one is to continue the remaining Aliyos as if there is no Kohen around. If however the Levi/Yisrael did not yet say Hashem’s name in the blessing of Asher Bachar Banu, then even though he has said Barchu, the Kohen is to be called up by name and the Levi/Yisrael is to remain by the Bimah and receive one of the coming Aliyos [having his named called up again].

 

Q&A

What is the law if in truth there was a Kohen in Shul and one only realized after the Levi/Yisrael was called up?[321]

This follows the same ruling as above, regarding the case that the Kohen walked into Shul after the Levi/Yisrael was called up. Hence, if the blessing was not yet begun the Kohen is to take his place, and if the blessing of Asher Bachar Banu was already begun, the person is to continue, and the Kohen does not receive an Aliyah.[322]

In a case that the Levi/Yisrael had to step down, must the Levi/Yisrael receive one of the coming Aliya’s or is it optional?

Some Poskim[323] rule it is not obligatory for the Levi/Yisrael to receive one of the coming Aliya’s, and if they do not want to receive it [such as if there is another Levi in Shul, and the Yisrael Aliyos were already pre-sold], they are not required to do so.[324] If however they desire to receive an Aliyah, the Gabaim must give them from the upcoming Aliyos. The Gabaim may not choose to not give them an Aliyah without their consent. Other Poskim[325] however rule they are required to receive an Aliyah and are not allowed to refuse it.[326]

What is to be done if there was no Levi in Shul and the Kohen was called up for Kohen and Levi, and a Levi then walked in?[327]

This follows the same ruling as above, and hence, if the blessing was not yet begun, the Levi is to take his place, and if the blessing of Asher Bachar Banu was already begun, the Kohen is to continue, and the Levi does not receive an Aliyah.

 

 

G. Called person up and he is not in Shul:[328]

If the Gabbai called up a Kohen, or Levi, and the person is not in Shul [or is in the midst of Shemoneh Esrei] then another person is to go up in his place. That person is to go up on his own without his name being called, and whoever comes first merits. [Some are accustomed apply the same rule if a Yisrael was called up and is not there, that another person is to go up on his own without being called by name.[329] Other Poskim[330], however, rule that if a Yisrael was called up and is not there, then a new Yisrael may be called up by name. In the event that the first person who was called arrives prior to the start of the blessings of his substitute, then nevertheless, the substitute merits the Aliyah.[331]]

8. The order of precedence and Chiyuvim for an Aliyah:[332]

There exists an order of precedence for Aliyos, based on scholarship and communal stature. Likewise, various occasion sin the life-cycle deem a person to be a “Chiyuv” to receive an Aliyah. The following is the order of precedence and Chiyuvim:

 

A. The order of precedence:

*The below list of precedence only applies if the Gabaim do not sell the Aliyos, as explained in Halacha 9!

Torah scholars:[333] On Shabbos, Yom Tov, and Yom Kippur, Torah scholars who are Rabbinical leaders [i.e. appointed Rabbis and judges] are to be called to the Torah after the Aliyah of Levi. After they are called, the Torah scholars who are fit to be appointed as Rabbinical leaders, and are able to answer Halachic questions from all subjects, are to be called.

Children of Torah scholars:[334] After the above people are called up, the sons of the Torah scholars who are Rabbinical leaders are to receive an Aliyah.

Communal leaders:[335] After the above people are called up, the communal leaders are to receive an Aliyah.

Regular people:[336] After the above people are called up, the remaining people of the community are to receive an Aliyah.

Calling up a wealthy Am Haaretz prior to a Torah scholar:[337] It is permitted to call up an Am Haaretz [i.e. ignoramus] for an Aliyah prior to a Torah scholar, if the ignoramus is respected, wealthy, and the leader of the generation.[338]

 

The practical custom today:[339]

The custom today is for the Rabbi and communal leaders to forgive their precedence for Aliyos on behalf of guests and other members of the congregation, and therefore they are not required to receive an Aliyah in such a case. Nonetheless, if the Rav has a Chazakah on a certain Aliyah, then he may not forgive it, and he is to receive precedence to all other Chiyuvim.[340]

 

B. The list of Chiyuvim and their precedence:[341]

The custom of “Chiyuvim,” or people who are obligated to receive Aliyos, dates back many generations. The following is the list of Chiyuvim, recorded in order of precedence. This list of precedence may apply even if the Gabaim desire to sell the Aliyos, as explained in Halacha 9!

  1. Day of Chuppah:[342] A Chasan on the day of his Chuppah [i.e. Chuppah is on Monday, Thursday, Rosh Chodesh, etc.] is considered a Chiyuv. [He receives precedence to all other Chiyuvim.[343]]
  2. Ufruf:[344] A Chasan by the Shabbos before his Chasuna [i.e. Ufruf] is considered a Chiyuv. [He receives precedence to all other Chiyuvim. It is customary to give him the Aliyah of Maftir.[345] This applies even if his wedding is not taking place that week, such as if he is traveling to another city for the wedding. A Chasan who was already previously married is not considered a Chiyuv.[346] The father of the Chasan and Kallah is not considered a Chiyuv, although the custom is to give him an Aliyah.[347]]
  3. Bar Mitzvah:[348] A boy with a Bar Mitzvah on that Shabbos is considered a Chiyuv. [Likewise, if his Bar Mitzvah fell during the week then he is considered a Chiyuv on the Shabbos after the Bar Mitzvah.[349] This, however, only applies if he did not yet get an Aliyah that week. On the Shabbos before the Bar Mitzvah, he is not considered a Chiyuv for Maftir, although nevertheless some communities are accustomed to give him the Aliyah of Maftir, as explained in Chapter 6 Halacha 1C.[350] This is not the Chabad custom. The father of the Bar Mitzvah boy is not considered a Chiyuv, although the custom is to give him an Aliyah.[351]]
  4. Father of newborn:[352] The father of newborn son or daughter on the Shabbos that his wife comes to Shul is considered a Chiyuv. If she did not yet come to Shul, then on the 40th day for a boy, and 80th day for a girl, he is considered a Chiyuv. One’s whose wife has a miscarriage of a recognizable fetus, is also considered a Chiyuv.[353] [The above Chiyuv applied only in previous times when it was customary for the wife to not leave the house until she is healthy, in which case her first stop would be to the Shul. However today, this custom of having the wife make her first visit after birth be to a Shul is no longer practiced, and hence this Chiyuv is no longer relevant.[354] A father on the day of the calling of a name for his daughter is not considered a Chiyuv, although the custom is to give him an Aliyah.[355]]
  5. Chasan on Shabbos after Chasuna:[356] A Chasan on the Shabbos after the Chasuna is considered a Chiyuv, if he got married Wednesday night and onwards. [Nonetheless, it is proper to give him an Aliyah even if he got married prior to Wednesday night, although he is not considered a Chiyuv.[357] A Chasan who was already previously married is not considered a Chiyuv.[358] A Chasan during Sheva Brachos is not considered a Chiyuv on a Monday or Thursday reading, although the custom is to give him an Aliyah.[359]]
  6. Yahrzeit:[360] A son on the Yahrzeit of his father or mother which falls on Shabbos [or Monday and Thursday] is considered a Chiyuv. He is the last of the Chiyuvim, coming only before the father of a son who has a Bris. [If the Yahrzeit does not fall on Shabbos, then he is not considered a Chiyuv on the Shabbos prior to the Yahrzeit, although it is proper to give him an Aliya if there are no other Chiyuvim.[361]] See Chapter 12 Halacha 6F regarding giving him precedence for Maftir.
  7. Shabbos before Bris:[362] The father of newborn male child is considered a Chiyuv on the Shabbos before the Mila [or Shabbos of the Mila, if he has not yet received an Aliyah after the birth[363]].
  8. Mohel and Sandek:[364] Some are accustomed to treat a Mohel and Sandek as a Chiyuv on the day of the Bris.
  9. Birchas Hagomel:[365] One who needs to recite Birchas Hagomel is not considered a Chiyuv, although he is to be called up for an Aliyah if there are no other Chiyuvim.
  10. Going on a trip or returning from a trip:[366] One who is leaving on a trip, or returns from a trip, is not considered a Chiyuv, although it is customary for him to be called up for an Aliyah if there are no other Chiyuvim.
  11. Maftir for Avel: A person who is an Avel is not considered an actual Chiyuv, although it is customary for the Avel over a parent to receive Maftir if there are no other Chiyuvim. See Chapter 12 Halacha 6E.
  12. Guests:[367] A guest who is a Chiyuv is to be called up for an Aliyah, although he does not receive precedence to any of the Chiyuvim of the set members of the Shul. If there are no other Chiyuvim, it is customary to call up guests for an Aliyah, even if he is not a Chiyuv.

 

Q&A

What is one to do if there are two Chiyuvim of the same level and not enough Aliyos?[368]

In such a case one is to make a raffle between the Chiyuvim to determine who receives the Aliyah.[369] [On Shabbos this is to be done through the opening of a Sefer.[370]] Alternatively, they are to hold more than one Minyan for Kerias Hatorah.[371]

 

 

C. Chiyuvim on Rosh Hashanah & Yom Kippur:[372]

Some communities have a custom to give one of the five Aliyos[373] to the Baal Tokeia.[374] Other communities[375] are accustomed in addition to the above to also give an Aliyah to the Chazan of Musaf. The same applies on Yom Kippur.[376] [The above people are considered Chiyuvim in areas that follow this custom. However, this only applies if the Baal Tokeia and Chazan do not take money for their work. However, those Chazanim and Baalei Tokeia that get paid are not considered a Chiyuv at all.[377] Nevertheless some[378] write that it is proper to give them an Aliyah even in such a case. Some Poskim[379] rule that the above law however is only in a case that the Aliyah’s are not sold in the Shul. If, however, the Aliyos are sold then there are no Chiyuvim, even for the Baal Tokeia, Baal Tefilla, Baal Yahrzeit, Sandek etc., and all the Aliyos may be sold to the highest bidder.]

9. Selling Aliyos:

Selling the Aliyos when there are Chiyuvim:[380] The list of precedence brought in Halacha 8A only applies if the Gabaim do not sell the Aliyos. However, if they sell the Aliyos and have its income go towards charity, then they may sell it to whoever they wish, and the buyer may receive the Aliyah even if he does not fall under the list of precedence. However, the list of Chiyuvim brought in Halacha 8B, are to be called up on Shabbos even if they do not purchase an Aliyah.[381] [However, on other days of Torah reading, such as Monday, Thursday, and Holidays, the Gabbai may sell the Aliyos even if there are Chiyuvim present.[382]]

Selling Aliyos on Shabbos:[383] It is customary to permit selling Aliyos on Shabbos, although its Halachic allowance is unclear.[384] Accordingly, every G-d fearing Jew is to follow the custom of the scrupulous, to donate to charity the amount that they offered in the bid for the Aliyah, even if in the end of the day they were outbid and did not receive it.  

 

 

Q&A

May one sell the Aliyos of Kohen and Levi to the highest bitter?

See Halacha 7B!

May one pay for an Aliyah, or other Kibbud, using Maaser money:[385]

It is permitted to use Maaser money to pay for a Kibbud [i.e. Aliya, Pesicha, Hagbah, etc.] that was purchased in Shul, if one had intent to do so upon purchasing it.[386] If, however one did not have intent to do so upon purchasing it, then it is forbidden to use Maaser money to pay for it.[387] [Furthermore, some Poskim[388] rule that if the Mitzvah is being auctioned, one may only give from Maaser the amount of money that surpassed the previous bidder. For example, if he bought an Aliya for $50 and outbid the second closest bidder who said $40, then only $10 may be deducted from Maaser. Other Poskim[389] however negate this opinion, and rule that the entire amount may be given from Maaser.] 

 

_____________________________

[1] Rama 139:3 in name of Maharil Hilchos Kerias Hatorah p. 452; See all Poskim in D and F regarding an Am Ha’aretz and person who is blind r”l

[2] Rama 135:4

[3] Admur 282:5; Michaber 282:3; Megillah 23a; See Hagahos Maimanis Tefilla 12:17 that if there are no Yisraeilim in the Minyan then one is to call up a child or woman; Maharam Merothenberg 105; See Kaf Hachaim 282:3 and 22 that based on the Kabbalah of the Arizal a woman may only be called up for Shevi’i

[4] Olas Tamid 282:3; Birkeiy Yosef 282:5; Kaf Hachaim 282:22 based on Arizal that a woman may only be called up for Shevi’i

Other opinions: Some Poskim rule a woman may be called up for an Aliyah even on Yom Tov. [Opinion in Birkeiy Yosef ibid]

[5] See Admur 47:10; Hilchos Talmud Torah 1:14; Kiddushin 29b

[6] See Chapter 1 Halacha 2!

[7] In previous times the person who received the Aliyah would be the Baal Korei, and hence in essence when the Sages instituted that a woman may not read for the congregation, it meant that she may not receive an Aliyah. Therefore, even today that the custom now is to have a Baal Korei read separately from the Olah, the directive remains for women not to receive an Aliyah. Furthermore, in addition to the directive of the Sages brought above, see Birkeiy Yosef 282:7 in name of Meiri in Kiryat Sefer 5:1 and Megillah 23a that the allowance for women to receive an Aliyah was only in previous times and no longer applies today and hence her blessing is a blessing in vain; See Kneses Yechezkel 1:13; Divrei Shalom 3:42

[8] See Chapter 4 Halacha 1B

The reason: This is due to Kavod Hatzibur. [Admur ibid] Likewise, this appears like Peritzus. [See Admur 199:6-7]

[9] See previous footnotes!

[10] See Admur 282:5-7; 16; Ketzos Hashulchan 85:4; Piskeiy Teshuvos 135:22; 282:5; 282:8 in length

[11] Admur 282:5; 53:13 “A Katan may receive an Aliyah”; Michaber 282:3; Rambam Tefilla 12:17; Megillah 23a “Everyone counts for the seven Aliyos including a child” and Mishneh 24a “A child may read from the Torah and translate”; Yerushalmi Brachos 7b; See Hagahos Maimanis Tefilla 12:17 that if there are no Yisraeilim in the Minyan then one is to call up a child or woman

Other opinions: Some Poskim rule a child may only receive the Aliyah of Shevi’i and onwards. [Olas Tamid 282:3; Birkeiy Yosef 282:5; Kaf Hachaim 282:22 based on Arizal that a woman may only be called up for Shevi’i] Other Poskim rule that a child may only receive an Aliyah from after Shelishi. [M”A 282:5; M”B 282:11; Pirush Hamishnayos on Megillah 24a; Bartanura on Mishneh ibid; Mileches Shlomo in name of Rav Nasan Baal Ha’aruch]

The Tzemach Tzedek receives an Aliyah at age three: The day after Yom Kippur in the year 1792, was the day of his Hachnasas Lacheder for the Tzemach Tzedek, and in its honor, he received the Aliyah of Shelishi in Parshas Ha’azinu. This occurred just after the Tzemach Tzedek turned three years old the previous Erev Rosh Hashanah. He went up for the Aliyah together with his Melamed. [Sefer Hatoldos Tzemach Tzedek]

[12] The reason: Although a child who is not obligated in the Mitzvah cannot for the obligation for anyone else, nevertheless, [since] today the Baal Korei reads it aloud on behalf of the congregation and fulfills their obligation for them, [therefore there is no issue with a child getting an Aliyah]. [Admur 282:16 regarding Zachar] Now, although the congregation cannot be Yotzei a blessing from a child, nevertheless, he may receive an Aliyah being that in truth there is no obligation upon the public to say the Bracha but only for the person receiving the Aliyah. [Admur 53:13] The reason for this is because the blessing was not instituted for the sake of the congregation but rather due to that it is proper for one who reads from the Torah to recite a blessing. Now, although it is an obligation upon the congregation to hear the blessing being said [as explained in 139:6] nevertheless the main part of the blessing is on his own behalf and not on behalf of the congregation. [Admur 124:11]

[13] Olas Tamid 282:3; Birkeiy Yosef 282:5; Kaf Hachaim 282:22 based on Arizal that a woman may only be called up for Shevi’i

Other opinions: Some Poskim rule a child may be called up for an Aliyah even on Yom Tov. [Opinion in Birkeiy Yosef ibid]

[14] Admur 282:5; Rama 282:3; Rivash 326; Ran Megillah 13a

[15] Admur 282:7; M”A 282:6; Elya Raba 282:6; Tosefes Shabbos 282:7; Mateh Yehuda 282:6; M”B 282:12; Kaf Hachaim 282:24; See Radbaz 1:566 as explains Levush Serud on M”A ibid versus Machatzis Hashekel ibid if a child may be called up for Kohen

[16] M”A 282:6; M”B 282:12; Kaf Hachaim 282:24

[17] Shaareiy Efraim 1:29; Piskeiy Teshuvos ibid; Children are customarily called up for the Aliyah of Kol Hanearim

[18] Admur ibid; M”A ibid; All Poskim ibid; See Shaareiy Efraim 1:29

The reason: There is no prohibition transgressed of not distributing honor to the priesthood by not calling up a Katan who is a Kohen, for the Aliyah of Kohen. The reason for this is because, although from the letter of the law a child who is a Kohen may receive the Aliyah, we are not obligated at all to honor a children who are Kohanim, as the positive command of Vekidashtem [Vayikra 21:8; See Admur 128:60; 201:3] only applies to adult Kohanim, as the verse [Vayikra ibid] states “As the bread of G-d he is offering” and a child is invalid for bringing an offering. [Admur ibid; M”A ibid; See Chulin 24b]

[19] Yechaveh Daas 2:15 and 4:23 based on Sephardi Poskim; However,

[20] See Kaf Hachaim ibid and the Poskim he brings who do not differentiate between Sephardim and Ashkenazim; Yaskil Avid 7:6; 8:36; Piskeiy Teshuvos ibid

[21] Yalkut Yosef 135 footnote 40

[22] Kaf Hachaim 282:22; Piskeiy Teshuvos 282:5

[23] Admur 282:16; Rama 282:4; Mordechai Remez 409; Maharam Merothenberg 110; Bach 282; M”A 282:12; Taz 685:2

Other opinions: Some Poskim write that a Katan is not to receive an Aliyah for any of the four Parshiyos. [Opinion brought in Rama ibid; Elya Raba 282:8; Perach Shushan 1:8; Ginas Veradim 1:37; Rav Akiva Eiger 282; Shaareiy Efraim 9:3; Likkutei Maharich; Aruch Hashulchan 282:16 that so is custom; Luach Eretz Yisrael of Rav Tukichinsky; See Biur Halacha 282 “Oa”]

[24] Admur ibid; Taz 685:2; Bach 282; See M”A 282:12 that it refers to the age of Chinuch when the child knows to say the words properly

[25] Biur Halacha 282 “Oa”

[26] See Admur 282:8-9

[27] See Piskeiy Teshuvos 282:8 that one is not to call up a child for any Aliyah of Maftir with exception to Maftir of Shabbos in which the reading is repeated; However, see there that they should not be called up for special Maftir’s, such as Shabbos Yisro and Shabbos Chazon

[28] See Tzitz Eliezer 7:1; Piskeiy Teshuvos 282:8 and footnote 87 and 92 that the Shabbos before the Bar Mitzvah some say one may be lenient even regarding Maftir of the four Parshiyos.]

[29] Toras Menachem 5745 4:2334 [printed in Shulchan Menachem 2:95]; See also Makor Chaim [Chavos Yair] 282 in name of Seder Hayom that it is not proper to ever give a child Maftir; See Piskeiy Teshuvos 282:8

[30] Igros Kodesh 17:87

[31] Admur 282:16; Rama 282:4; Taz 282:3; 685:2; Bach 282; Birkeiy Yosef 284:2; Chayeh Adam 31:39; Ketzos Hashulchan 88:1; See Kaf Hachaim 685:31; Leket Yosher p. 154

Other Opinions: Some Poskim rule that a child cannot receive the Aliyah for Zachor, being that the reading is Biblical. [Rashal; Opinion brought in Rama ibid; Elya Raba 282:8; Derech Hachaim; Shaareiy Efraim 9:3; Kitzur SHU”A 79:9; M”B 282:23; Piskeiy Teshuvos 282:8]

[32] The reason: Although the Parsha of Zachar is a Biblical obligation for every Jewish person hear, and a child who is not obligated in the Mitzvah cannot for the obligation for anyone else, nevertheless, [since] today the Baal Korei reads it aloud on behalf of the congregation and fulfills their obligation for them, [therefore there is no issue with a child getting an Aliyah]. [Admur ibid; M”B 282:23]

[33] Birkeiy Yosef 284:2; Kaf Hachaim 282:40; Piskeiy Teshuvos 282:8

[34] Admur 284:8; Michaber 284:4; Mishneh Megillah 24a; M”A 282:12

[35] Admur ibid; M”A ibid; See also Admur 494:5

[36] Admur ibid; M”A ibid; Maharil Aseres Yimei Teshuvah; Kneses Hagedola 602; Mateh Moshe 833

[37] Shaareiy Efraim 3:29; Ketzos Hashulchan 85:4; See Yalkut Kerias Hatorah p. 1348

Other customs: Some communities are accustomed to only give Aliyos to men who are married. [Rashbatz 2:261, brought in Kaf Hachaim 282:24; Piskeiy Teshuvos 282 footnote 51]

[38] Rama 135:4; 139:3 in name of Maharil Hilchos Kerias Hatorah p. 452; Admur 66:6 regarding one in middle of Davening that hearing from the Baal Korei suffices; 185:2 regarding an Am Ha’aretz who does not understand the words; 282:9 “There is no prohibition to call an Am Ha’aretz”; Hilchos Talmud Torah 2:12 “Therefore an Am Ha’aretz may say the blessing when he gets an Aliyah to the Sefer Torah even though he does not understand the meaning of the words”; M”B 135:15; Piskeiy Teshuvos 139:6; All Poskim in E who rule a blind person may get an Aliyah!

Other opinions: Some Poskim rule that it is forbidden to call an Am Ha’aretz for an Aliyah to the Torah if he cannot read the words from the script as it is forbidden to read even one letter by heart, and if the Olah does not read he cannot say a blessing. [Michaber 139:3; 141:2; Beis Yosef 139 in name of Poskim]

[39] Pachad Yitzchak Erech Suma; Many Poskim in Kaf Hachaim 139:15; Yechaveh Daas 4:11; Piskeiy Teshuvos ibid; See Yalkut Yosef 139:4 that his father later ruled that initially a blind person is not to be called to the Torah

[40] M”B 139:13

[41] Shaareiy Efraim 1:28; Ketzos Hashulchan 85:6; Piskeiy Teshuvos ibid

[42] See Elya Raba 135:3, brought in P”M 135 A”A 5; Pachad Yitzchak ibid; Machaneh Chaim 3:13; Piskeiy Teshuvos ibid footnote 33

[43] Rama 135:4 “However, if he can read together with the Baal Korei word for word then it suffices”; M”A 135:5 in name of Darkei Moshe 141:1 that so is Ikkur; M”A 139:4; M”B 135:15; Aruch Hashulchan 139:7; Piskeiy Teshuvos 139:6

Other opinions: Some Poskim rule that it is not necessary for the Olah to even be able to read along with the Baal Korei. [Maharil ibid, brought in M”A ibid and Darkei Moshe ibid] Vetzaruch Iyun as to the exact argument between the Rama in Darkei Moshe ibid and the Maharil ibid; Are they arguing over if the Olah must be able to read from the script [so seems from Darkei Moshe ibid who writes like Beis Yosef] or to at least read Baal Peh [so seems from M”A 139:4].

[44] M”B 135:15 in seeming understanding of Rama ibid and M”A 135:5 that he must at least be able to read by heart. However, in truth, it is possible to understand the Rama ibid to require him to at least be able to read the words from the script, after the Baal Korei. However, from Rama 139:3 regarding the allowance of a blind person to be called for an Aliyah it is understood that reading by heart after the Baal Korei suffices. In truth, however, perhaps the Rama in 139:3 is simply recording the ruling of the Maharil that even reading by heart suffices, even though in Darkei Moshe 141:1 he argues on Maharil and requires him to be able to read it from the script along with the Baal Korei. [See Shaar Hatziyon 139:6; Aruch Hashulchan 139:7; Piskeiy Teshuvos 139:6 footnote 31 in length]

The three levels of an Am Ha’aretz: All in all, there seems to be four levels of an Am Ha’aretz: 1) One who knows how to read the script but does not understand what he is saying at all. this case, everyone agrees that he is valid to receive an Aliyah. [Admur 185:2; Hilchos Talmud Torah 2:12] 2) One who cannot read the script on his own but knows to read together with the help of the Baal Korei. In this case, everyone agrees that he is valid to receive an Aliyah. [See Beis Yosef 141:1 and Darkei Moshe ibid] 3) He cannot read from the script at all even with help, but knows to repeat the words by heart after the Baal Korei. In this case, he is invalid according to the Michaber ibid, and also invalid according to the Darkei Moshe ibid, although is valid according to the Maharil and Rama 139:3 and possibly even according to Rama 135:4. 4) He does not even know how to repeat the words by heart after the Baal Korei. In such a case he is seemingly invalid according to all. [Implication of M”A 135:5 and 139:4 and M”B 135:15, and so rules Aruch Hashulchan 139:7, although it is possible to learn from the Maharil ibid and Admur 66:6 that he is valid even in such a case.]

[45] M”A 135:5 and 139:4 “As seemingly every man knows how to read together with the Baal Korei”; M”B 135:15 that this refers to reading by heart

[46] Implication of M”A ibid and ibid; Aruch Hashulchan 139:7

[47] See Piskeiy Teshuvos 139:6 footnote 31 in length that since we apply the rule of Shomeia Keoneh there is no need for him to repeat the words after the Baal Korei and so is also implied from M”A and M”B ibid who simply write that he be able to repeat the words, and not that he must do so; See also Admur 66:6 who rules that the Olah who is in middle of Davening is not to read along at all with the Baal Korei, hence proving that this matter does not invalidate the blessings, however, Tzaruch Iyun how Admur would rule in the above case that he can repeat after the Baal Korei, if he should do so even though he cannot read inside.

[48] As implied from Admur 66:6

[49] Admur 282:8; Rama 282:3; Maharal of Prague on Tur 135

[50] The reason: As the Torah was given also to a Mamzer, as he too is obligated in all the commands written in the Torah. [Admur ibid; Levush 282:4]

[51] Admur 282:8; Rama 282:3; Hagahos Maimanis Tefilla 12 Samech

[52] The reason: As a slave is only obligated in those Mitzvos that a woman is obligated in. [Admur ibid; See Admur 46:4]

[53] Admur ibid; Rama ibid; Hagahos Maimanis ibid; M”A 282:7

[54] See Admur 128:51 who implies even a Rasha may receive an Aliyah; Sefer Chassidim 768; Sheilas Yaavetz 1:79; Kneses Hagedola, brought in Beir Heiytiv 138:3; Shaareiy Efraim 1:34; M”B 138:5; Piskeiy Teshuvos 136:2; All Poskim who rule that even a Jew who is not religious and desecrates Shabbos in public may get an Aliyah

[55] Sefer Chassidim ibid

[56] Kneses Hagedola and Beir Heiytiv ibid

[57] Poskim ibid; Piskeiy Teshuvos 138:5

[58] Shaareiy Efraim 1:34; See Chacham Tzevi 38; Igros Kodesh 14:95, brought in Shulchan Menachem 1:260

[59] See Zekan Aaron 1:12; Igros Moshe 2:51; 3:12; 21-22; Minchas Yitzchak 4:10; Minchas Shlomo 2 4:10; Orchos Rabbeinu 1:122 in name of Chazon Ish; Devar Yehoshua 2:19; Yechaveh Daas 2:16; Piskeiy Teshuvos 136:2; Igros Kodesh 14:95; Shulchan Menachem 1:260

[60] See Admur 128:52 in parentheses; Admur O.C. 39:1 “He is like a gentile for all matters”; Michaber Yoreh Deah 2:5 “He is like a gentile”; Admur Y.D. 2:10 “He is a like a gentile regarding Shechita and for the entire Torah, except for Kiddushin”; Rashba 7:53; Tiferes Lemoshe 113:9 [brought in Pischeiy teshuvah 113:1] regarding Bishul Akum [however not Pas Akum]; Erech Hashulchan 112:2; Kaf Hachaim 112:11; Ketzos Hashulchan 101:5 and Kitzur Shulchan Aruch 72: Anyone who publicly desecrates Shabbos is considered like an idle worshiper and [thus] if he touches wine he forbids it, and the bread which he bakes is like Pas Akum, as well as the food which he cooks is like Bishul Akum.”

[61] The reason: As they are all considered today as Tinokos Shenishbu. [Zekan Aaron and Poskim ibid; See Zekan Aaron ibid for a number of justifications]

[62] Igros Moshe 3:12

[63] Igros Kodesh 14:95, brought in Shulchan Menachem 1:260

[64] Orchos Rabbeinu 1:122

[65] Zichron Yehuda 1:45; Maharshag 2:81; Minchas Yitzchak 4:10; Igros Moshe 2:51; Piskeiy Teshuvos 136:2

[66] See Igros Moshe ibid that one is to suffice with giving him Pesicha or Hagbah rather than an actual Aliyah.

[67] Shoel Umeieshiv Tinayna 3:4; Maharam Shick Y.D. 238; Maharshag 2:203; Igros Moshe 2:33; Minchas Yitzchak 4:10; Betzel Hachochma 4:5; Shevet Halevi 7:19; Tzitz Eliezer 11:9; Shraga Hameir 8:14; Piskeiy Teshuvos 136:2

[68] See Igros Moshe ibid

[69] Migaleh Amukos Kedoshim in name of Rokeiach

[70] Levushei Mordechai Telisa 12; Beis David 106; Keren Ledavid 31; Dovev Meisharim 1:23; Yechaveh Daas 2:16; Piskeiy Teshuvos 136:2 footnote 17

[71] See Igros Moshe 2:51; 3:12; 21-22 regarding reform Jews and this would all the more so apply to one who converted to another religion. Nevertheless, see Admur in next footnote.

[72] See Admur 128:51 who implies that although a Kohen who converts to Islam does not receive the first Aliyah, he may receive other Aliyos. Furthermore, it is possible to learn in Admur that this allowance applies even if the religion is defined as idolatry.

[73] Rama 139:3; Maharil Hilchos Kerias Hatorah p. 452; Masas Binyamin 62; Eshkol; Aguda Bava Kama 104 regarding if there is no Kohen available other than him; Mateh Moshe 244; Poskim in Beis Yosef 141; Levush 141:3 that so is custom; Bach 141 that so is custom and so is main opinion; M”A 139:4; Taz 141:3; Elya Raba 139:5; Olas Tamid 139:4; Soles Belula 139:1; Kneses Hagedola 139:1; Chayeh Adam  36; Kitzur SHU”A 23:17; Aruch Hashulchan 139:7; Many Poskim in Kaf Hachaim 139:15; All Poskim in D who rule an Am Ha’aretz who can’t read may nevertheless receive an Aliyah!

Other opinions and original ruling: Some Poskim rule that it is forbidden to call up a blind man to the Torah [even today] as it is forbidden for one to read even one letter by heart. [Michaber 139:3; 141:2; Beis Yosef 141:1 in name of Rosh, Shibulei Haleket; Rabbeinu Yerucham; Darkei Moshe 141:1 rules like Beis Yosef that so is Ikkur]

[74] The reason: As since today the custom is for the Baal Korei to read aloud as opposed to the Olah, and we rule that Shomeia Leoneh, therefore there is no deficiency involved if the Olah cannot read along silently. [Taz 141; Biur Hagr”a; M”B 139:12] See Sheilas Yaavetz who questions the above as it’s still not considered like he is reading from the words of the Torah which is invalidating. See Turei Even Megillah 19b who explains that Shomeia Keoneh makes it be considered as if he is reading it from the Torah; See Toras Chesed O.C. 8 in great length for the definition of Shomeia Keoneh; Har Tzevi 1:57; Kinyan Torah 5:13; Piskeiy Teshuvos 139:6; 128:8; 6907

[75] M”A 139:5 that we are no longer particular in this today

Other opinions: Some Poskim rule that we are not toc all up a blind man who is also an Am Ha’aretz. [Bach 141]

[76] See Halacha D and footnotes there!

[77] See Rama 135:4 “However if he can read word for word with the Baal Korei then it suffices”; M”A 139:4 “As seemingly every man knows how to read together with the Baal Korei”; M”B 135:15; Aruch Hashulchan 139:7; Piskeiy Teshuvos 139:6

[78] Pachad Yitzchak Erech Suma; Many Poskim in Kaf Hachaim 139:15; Yechaveh Daas 4:11; Piskeiy Teshuvos ibid; See Yalkut Yosef 139:4 that his father later ruled that initially a blind person is not to be called to the Torah

[79] M”B 139:13

[80] Shaareiy Efraim 1:28; Ketzos Hashulchan 85:6; Piskeiy Teshuvos ibid

[81] See Elya Raba 135:3, brought in P”M 135 A”A 5; Pachad Yitzchak ibid; Machaneh Chaim 3:13; Piskeiy Teshuvos ibid footnote 33

[82] P”M 140 M”Z 2; Machaneh Chaim 3:13; Shevet Halevi 7:20; Piskeiy Teshuvos 139:7

[83] P”M ibid; Machaneh Chaim ibid

[84] Maharil; P”M 139 M”Z 2; Kaf Hachaim 139:17; Piskeiy Teshuvos 139:7

[85] Keren Ledavid O.C. 27; Minchas Shlomo 34; Vayaan David 1:13; Piskeiy Teshuvos 139:7; See Maharam Shick E.H. 79; Tzur Yaakov 1:173; Divrei Chaim 2:72

[86] P”M 139 M”Z 2; Kaf Hachaim 139:17

[87] Michaber and Rama 141:1; Rambam Tefilla 12:7; Megillah 21a; Ketzos Hashulchan 25:10; Piskeiy Teshuvos 141:1

[88] Piskeiy Teshuvos 141:1 that so is evident from Setimas Kol Haposkim; Rav Yaakov Yosef

[89] M”A 141:1 that so is implied from Beis Yosef 141 and Rashi; M”B 141:1

Other opinions: Some Poskim rule that if one read the Torah in a sitting position, the congregation is not Yotzei even Bedieved. [Bach 690; Implication of Tur and Hagahos Maimanis, brought in M”A ibid]

[90] Piskeiy Teshuvos 141:1 footnote 2

[91] Beis Avi 4:57

[92] The reason: As the requirement to stand was only initially required, and thus in a time of need one may be lenient. [ibid]

[93] Vayitzbar Yosef 24

[94] The reason: As since he is not physically able to stand there is no belittlement involved for him to remain sitting. [ibid]

[95] Sefer Chassidim 768; Beir Heiytiv 138:3; Shaareiy Efraim 1:34; M”B 138:5; Piskeiy Teshuvos 138:5

[96] Peri Chadash 139:3; Mishneh Megillah 24a “Pocheich”; Kaf Hachaim 139:17

[97] See Admur 88:1; Michaber 88:1; Michaber Y.D. 282:9 “All those who are impure, even Nidos, may hold onto a Sefer Torah and read it.”; Brachos 20b; Piskeiy Teshuvos 88:1;

[98] Mishmeres Shalom 2:1 and so is the custom of many Chassidim; Pela Yoeitz Tevila; See Maor Vashmesh Emor regarding not even thinking Torah beforehand; See Shulchan Melachim [Tevilas Ezra] 20; Piskeiy Teshuvos 88:1-2

[99] See Admur 88:1 of how the Nine Kavim is to be done. Practically, this is fulfilled through taking a shower for several minutes consecutively. See our corresponding Sefer “The Laws and Customs of Rosh Hashanah” in the supplements Halacha 2; See Piskeiy Teshuvos 88:5

[100] Michaber 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]

[101] The reason: As it is forbidden for an Avel to learn Torah. Now, although in 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

[102] Beir Hagoleh ibid

[103] 400:1

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

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

[105] 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

[106] 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

[107] Ketzos Hashulchan 85:10

[108] Michaber ibid

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

[109] 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]

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

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

[112] M”B 135:45 in name of Elya Raba and other Poskim; Shaarei Efraim 8:9

[113] Shaarei Efraim 8:9; Derech Hachaim

[114] See Nitei Gavriel 97 footnote 8 in name of Tiferes Yisrael Gittin 5:56

[115] Nitei Gavriel 97:6

[116] Nitei Gavriel 97:11

[117] 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

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

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

[120] Taz 402:5 based on Rabbeinu Yechial in Tur 402; Gilyon Maharsha 384:1

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]

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

[122] See M”B 548:16

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

[124] Birkeiy Yosef 400; Dvar Moshe 70

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

[126] Birkeiy Yosef ibid; Devar Moshe 70; Poskim brought in Pnei Baruch 23:23

[127] Poskim brought in Pnei Baruch 23:23

[128] Nitei Gavriel 97:5

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

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

[131] Derisha 384; Pnei Baruch 10:24

[132] Michaber 139:9; Ketzos Hashulchan 5:9; Piskeiy Teshuvos 139:14

[133] This is understood from the fact the Michaber did not rule that he is not to read, and so is understood from all the Poskim, and so writes Piskeiy Teshuvos 139:14.

[134] So is implied from M”A 139:12

[135] M”A 139:12, brought in Ketzos Hashulchan 5:9

Other Opinions: The Levush [brought in Peri Megadim 139 A”A 12] rules he is exempt from all the blessings.

[136] Michaber 139:9; as it is considered that he already fulfilled his obligation of this blessing with reciting it over the Torah Scroll.

[137] Ketzos Hashulchan ibid

[138] Peri Megadim 47 M”Z 10; 135 A”A Pesicha

[139] Kaf Hachaim 139:47

[140] Piskeiy Teshuvos 47:7

[141] See Admur 282:17-18; Shaareiy Efraim 9:4; Piskeiy Teshuvos 144:2; Yalkut Dinei Kerias Hatorah p. 1347

[142] See Michaber 143:5 “A Shul which only contains one person who knows to read is to have him receive all the Aliyos, and say a blessing before and after each Aliyah” and 144:4; Rama 282:5; Admur 282:18; Bach 143

Other opinions: Some Poskim rule it is permitted for one person to be called up twice during the same reading so long as another person was called up in between, and his Aliyos are not back to back. [M”A 143:9; Chut Hameshulash that so was custom of Rav Nassan Adler to receive Shelishi and Maftir; See Piskeiy Teshuvos ibid]

[143] Michaber 144:4

[144] Admur ibid; Rama ibid

The reason: As Berov Am Hadras Melech, and hence it is proper to distribute the Aliyos to more people. [Elya Raba 282:4]

[145] Elya Raba ibid; Avnei Tzedek 27; Piskeiy Teshuvos ibid

Other opinion: Some Poskim rule that one is not to receive two Aliyos even in a time of need, such as communities that give the Rav Shelishi and Maftir by Shabbos Chazon. [M”B 282:31]

[146] Definition of time of need: Such as 1) In communities accustomed for the Rav to receive Shelishi and Maftir on Shabbos Chazon [Elya Raba ibid] 2) A Kohen or Levi who were already called up for Kohen or Levi may receive Maftir if they have a Yahrzeit. [Yabia Omer 6:25; Beir Shearim 1:14] 3) One who purchased Maftir and was accidentally called up for another Aliyah may still receive Maftir. [See Lev Shlomo 7, brought in Pischeiy Teshuvah; Kaf Hachaim 282:59] 4) On Simchas Torah some are accustomed to call up the Chasan Torah and Chasan Bereishis also for a regular Aliyah. [See M”B 143:17; 699:2]

[147] Admur 282:18; Rama 282:5; See Chapter 12 Halacha 6A!

[148] Admur 282:17 “One who was called up to the Torah and then went to another Shul and was again called up there for an Aliyah, then even if he was called up for the same Parsha that was already read, he needs to the before and after blessing for his Aliyah.”; M”A 282:15; Ketzos Hashulchan 85:9

[149] 141:6; Kol Bo 20; Mordechai; See Yalkut Dinei Kerias Hatorah p. 1344

Other opinions: Some Poskim rule it is forbidden from the letter of the law to call two relatives one after the other, being that they are considered invalid witnesses. [Orchos Chaim, brought in Beis Yosef; Ateres Zekeinim 141:3; P”M 141 A”A 8] According to this opinion/reason, all relatives that are invalid to testify for each other are likewise not to be called to the Torah one after the other. [P”M ibid] Practically, we do not rule like this opinion. [Kaf Hachaim 141:25 based on Gr”a who proofs from the Gemara that even Pesulei Eidus may receive Aliyos, and so is the final ruling of Michaber ibid who rules the prohibition is only due to Maaras Ayin.]

[150] Michaber ibid

[151] Rama ibid regarding Shevi and Maftir and M”B 141:21 in name of Achronim applies this also to other Aliyos; Emunas Shmuel 47; Elya Raba 141:7; Chesed Lealafim 141:16; Poskim in Kaf Hachaim 141:26; M”B 141:21 [see there however that this only applies in communities that never call up by name, however to initially not call up by name just for this purpose is forbidden, as this itself serves as a recognition. However, see Shaareiy Efraim 1:32 who writes one may be lenient in a time of great need, brought in Shaar Hatziyon 141:22]

[152] Kisei Eliyahu 141; Poskim in Kaf Hachaim 141:32 and so concludes Kaf Hachaim that so is the custom even in those communities that do not call the Aliyos by name; Yechaveh Daas 3:50

The reason: As nevertheless the name is mentioned by the Mi Shebeirach. [Kisei Eliyahu ibid]

[153] Hagahos Beis Yosef; Elya Raba 141:8; Birkeiy Yosef 141:7; Yosef Ometz 16:4; M”B 141:19; Shaareiy Efraim 1:6; Derech Hachaim 14; Kitzur SHU”A 23:13; M”B 141:19; Poskim in Kaf Hachaim 141:29

Other opinions: Some Poskim rule it is permitted for relatives to forgive their rights on this matter. [Noheig Katzon Yosef, brought in Kaf Hachaim ibid; Aruch Hashulchan 141:8] Practically, we do not rule like this opinion. [Kaf Hachaim ibid]

[154] Implication of Michaber and Rama ibid; Mateh Yehuda 141:7; Machazik Bracha 141:4; Kaf Hachaim 141:30

Other opinions: Some communities are accustomed not to call up relatives for Aliyos even if there is a break of an Aliyah in between. Brought in Mateh Yehuda ibid] Practically, this is not the widespread custom and so is the custom in Egypt, Eretz Yisrael, Turkey, and most of the world, although those that have a custom to be stringent even in such a case are to follow it. Kaf Hachaim ibid]

[155] Rama ibid; Maharil

Other opinions: Some Poskim rule that one may call two relatives for an Aliyah one after the other for Shevi and Maftir being that the Kaddish is considered an interval in between. [Maharikash, brought in Kneses Hagedola 1431:5 and Kaf Hachaim 141:33] Practically, we are stringent in this matter as rule majority of Poskim. [Kaf Hachaim ibid] However some Poskim rule one may be lenient like this opinion in a time of need. [Toras Chaim Sofer 141; Eretz Tzevi 1:39; Piskeiy Teshuvos 141:5]

[156] Kneses Hagedola 141:5; Beir Heiytiv 141:6; Olas Tamid 141:13; Elya Raba 141:7; Poskim in Kaf Hachaim 141:33

Other opinions: Some Poskim rule that even in such a case that two Sifrei Torah are taken out one is not to call two relatives for an Aliyah one after the other. [Mateh Yehuda 141:7, brought in Kaf Hachaim ibid] Practically we are lenient in this matter as rule majority of Poskim. [Kaf Hachaim ibid]

[157] Shaareiy Efraim 1:32; Hisorerus Teshuvah 1:67; Piskeiy Teshuvos 141:5

[158] Poskim ibid

[159] Toras Chaim Sofer 141; Hisorerus Teshuvah 1:67

[160] Michaber ibid

[161] Michaber ibid

[162] Kneses Hagedola 141:7; Olas Tamid 141:13; Elya Raba 141:8; Poskim in Kaf Hachaim 141:26; Ketzos Hashulchan 85:6

[163] Peri Chadash, brought in P”M 141:8; Machazik Bracha 141:5 that some are accustomed like Peri Chadash

[164] Kaf Hachaim 141:27

[165] Kneses Hagedola 141:8, brought in P”M 141:8; Olas Tamid 141:13; Elya Raba 141:8; Mateh Yehuda 141:7; Poskim in Kaf Hachaim 141:27; Ketzos Hashulchan 85:6

[166] Kaf Hachaim ibid

[167] Kaf Hachaim ibid

The reason: As the majority of Poskim prohibit it as well as danger is to be Halachically viewed even more strict than an Issur. [Kaf Hachaim ibid]

[168] M”B 141:19

[169] Shaareiy Efraim 1:33

[170] Shaareiy Efraim 1:33; Ketzos Hashulchan 85:6

[171] Pesach Hadvir 147; Piskeiy Teshuvos 141:4

Other opinions: Some Poskim are stringent in this matter. [Sefer Hachaim [Falagi] 11] Practically, the custom is to be lenient. [Pesach Hadvir ibid; Piskeiy Teshuvos ibid footnote 24]

[172] Kneses Hagedola 141:4; Hagahos Beis Yosef; Elya Raba 141:8; Peri Chadash 141:6; Mateh Yehuda 141:7; Derech Hachaim 14; Kitzur SHU”A 23:13; Poskim in Kaf Hachaim 141:28

[173] Toras Chaim Sofer 141:4; Piskeiy Teshuvos 141:4

[174] Shaareiy Efraim 1:33; M”B 141:18

[175] Shvus Yaakov 3:10

[176] The reason: As since another person was called after the relative, it is enough of an interval to eliminate any Ayin Hara, even though the person did not actually take the Aliyah. [ibid]

[177] Yosef Ometz 16:4; Poskim in Kaf Hachaim 141:31

[178] Shevet Hakehasi 2:65

[179] Kneses Hagedola 141:6; Olas Tamid 141:13; Elya Raba 141:7; Derech Hachaim 14; M”B 141:20; Poskim in Kaf Hachaim 141:34

[180] Shaareiy Efraim 1:32; Ruach Chaim 669:2; Kaf Hachaim 669:11; Piskeiy Teshuvos 141:4; 669:5

[181] The above sources in Ruach Chaim and Kaf Hachaim ibid only discuss the case of Chasan Torah and Chasan Bereishis where two Sifrei Torah are removed, and so is also implied from Shaareiy Efraim ibid

[182] Piskeiy Teshuvos 141:4 and footnote 25

[183] Shearim Hametzuyanim Behalacha 23:10 in name of Avnei Chefetz 16; Piskeiy Teshuvos 141:5

[184] Admur 66:6

[185] Olas Tamid 66; M”B 66:24; Kaf Hachaim 66:24

[186] Kneses Hagedola 66; Kesher Gudal 11:22; Kaf Hachaim 66:24

[187] 1st opinion in Admur ibid; 2nd opinion in Michaber 66:4; Stam opinion in Michaber 135:5; Opinion in Beis Yosef 135; Rashba 1:185; See Kneses Hagedola 66 who wants to say the Rashba and Manhig do not argue, and the Rashba is talking of Lechatchila, while the Manhig of Bedieved; See however Peri Chadash 66:4 and Kaf Hachaim 66:24 who negates this explanation

[188] The reason: As the Sages [Gittin 59b] only required one to precede a Kohen, due to the honor of his priesthood, as if he is available and another person is called, it ends up that we are being lax in the honor of his priesthood. However, when the Kohen is not called up due to being in the midst of Kerias Shema, there is no belittlement to the honor of his priesthood in the fact that a Yisrael goes up in his place. [Admur ibid] Likewise, being that he is unable to get the Aliya for Halachic reasons, his refusal is not included in the Talmudic warning regarding one who refuses an Aliyah. [Kaf Hachaim 66:24]

[189] 2nd opinion in Admur ibid; 1st opinion in Michaber 66:4; Tur in name of Sefer Hamanhig

[190] See Kneses Hagedola 66; Kaf Hachaim 66:24

[191] The reason: As if one is allowed to stop in middle of Shema for the sake of the honor of a human and fear of him, certainly [one may stop out of honor for Hashem]. [Admur ibid]

[192] Admur ibid; M”A 66:8; Levush 66:4; M”B 66:26; Bach 66 [allows relying on lenient opinion]

Other opinions-Sephardic Custom: Some Poskim rule like the former opinion, that even a Kohen is not top stop in the midst of Shema. [Michaber ibid “And the final ruling is like their opinion”; Rama does not argue; Beis Yosef 66; 135; Peri Chadash 66:4; Kesher Gudal 11:22; Kaf Hachaim 66:24 that so is ruling for Sephardim] Other Poskim rule that one is to be lenient and make an interval during the blessings of Shema, which is only Rabbinical, but not during the reading of Shema which is Biblical. [Taz 66:5]

[193] Olas Tamid 66; Kesher Gudal 7:34; Beis Oveid 14:17; Siddur Yaavetz; Kaf Hachaim 51:25; 66:24

[194] M”B 66:24 in name of Elya Raba and Derech Hachaim

[195] Admur 104:6 “One who was called to the Torah in the midst of Shemoneh Esrei does not stop even according to the opinions who hold he is to stop and go to the Torah in middle of Shema”; Rama 104:7; M”B 66:24 in name of Elya Raba and Derech Hachaim

[196] M”B 66:26

[197] M”B 66:26; Ketzos Hashulchan 18:2; See Shaareiy Efraim 1:1; Kaf Hachaim 51:26

[198] M”A 135:6 regarding Birchas Shema; Beis Oveid 15; P”M 135 A”A6; Shaareiy Efraim 1:1; M”B 51:10 regarding Pesukei Dezimra; 66:27 regarding Shema and Birchas Shema; Ketzos Hashulchan 18:2 regarding Pesukei Dezimra; Kaf Hachaim 51:26; 66:24; Piskeiy Teshuvos 135:12

[199] Admur 51:4; 53:3 [regarding blessing on Tallis]; 54:3; Michaber and Rama 54:1; Tur in name of Seder Rav Amram Gaon; Kol Bo 4

[200] Hefesk Betefila 2:10 footnote 15 [p. 39] based on M”B 53:7 who prohibits initially stopping for a Mitzvah between Yishtabach and Yotzer; See Aruch Hashulchan 54:4; Kaf Hachaim 54:11; Igros Kodesh 8:99; Piskeiy Teshuvos 54:3 who all write or imply that one may not make an interval between Yishtabach and Yotzer Or even for the sake of a Mitzvah

[201] Michaber 135:5; Mahail in name of Rashba; 1st opinion in M”B 66:26; 135:17; Kaf Hachaim 66:24; This applies even according to the lenient Poskim brought in Michaber 66:4 and Admur 66:6 regarding if one was already called up, as nonetheless, they agree that initially one may not call him up. [M”A 135:6; M”B 135:17; Kaf Hachaim 135:28]

[202] Elya Raba 135:4; Beis Oveid 15; Tehila Ledavid 282:5; Kaf Hachaim 51:26; M”B 66:26; Ketzos Hashulchan 18:2

[203] M”A 135:6; Beis Yosef 135; Rashba; Maharik; M”B 66:26; 135:17; Kaf Hachaim 135:28

[204] The reason: As everyone knows that he is in the midst of Shema, and there is thus no reason to suspect for Pegam [that they will think he is not a Kohen]. Therefore, it remains prohibited to initially call him up, just as one may not stop and make an interval for other matters. [M”B ibid]

[205] M”A ibid due to Tircha Detzibura

[206] Rama ibid; Maharik Shoresh 9

[207] M”B 66:26; 135:17

[208] Opinion in M”B 66:26, in name of Yeshuos Yaakov and Nehar Shalom,

[209] The reason: As not everyone knows that he is in the middle of Shema, and this can cause people to think that his priesthood is invalid [i.e. Pegam]

[210] M”B 66:26; 125:17 as possibly even according to the Rashba one may stop Bein Haperakim

[211] M”B 66:26

[212] See Ketzos Hashulchan 28:3; Hefsek Betefila p. 39 based on Admur 66:3 and 11 who is stringent regarding Bein Haperakim, unlike the M”B who rules one may say a blessing over a Tallis during Bein Haperakim. Likewise, Setimas Kol Haposkim imply that one should never initially stop to call up a Kohen or Levi who is past Yotzer Or.

[213] M”A 135:6 “It’s possible that during Pesukei Dezimra one may stop”; P”M 135 A”A 6 that this refers to a case that he is the only Kohen in Shul; Beis Oveid 15; Shaareiy Efraim 1:1; M”B 51:10; 135:17; Kaf Hachaim 51:26; 135:28; Ketzos Hashulchan 18:2

[214] Admur ibid; M”A 66:8; Lechem Chamudos 2:21; Kneses Hagedola 66:5; M”B 66:26; Kaf Hachaim 66:24; See Piskeiy Teshuvos 135:12

[215] Admur ibid

The reason: In such a case, he is to rely on those opinions [Zohar 2 p. 206] who rule that he can recite the blessing over the Torah, over hearing the reading of the Chazan, as explained in Taz 141:3 [and Admur 185:2]. [Admur ibid]

[216] Shaareiy Efraim 1:1; M”B 51:10; Ketzos Hashulchan 18:2; Yechaveh Daas 4:11

[217] Beis Oved 17; Kaf Hachaim 51:27

[218] Admur ibid; M”A 66:8; M”B 66:26; Kaf Hachaim 66:24; See Elya Raba 66:7

[219] Ketzos Hashulchan 18:2

[220] M”B ibid

The reason: As one may respond due to honor of humanity. [M”B ibid]

[221] Admur ibid; M”A 66:8; Aruch Hashulchan 66:29; M”B 66:26; Kaf Hachaim 66:24

[222] See Aruch Hashulchan ibid that he is to resume Davening immediately after his Aliya, and not delay until after the next Aliyah, as is usually done

[223] The reason: As he willingly delayed the prayers, and it is thus not considered a forced interval at all [i.e. Oness], and without a forced interval at all [Oness] everyone agrees that he does not need to repeat from the beginning, as explained in 65:1. [Admur ibid]

[224] The reason: See Kneses Hagedola 66; Kesher Gudal 11:22; Kaf Hachaim 66:24; Piskeiy Teshuvos 135:12 that the entire dispute in Michaber 66:4 is in a case that the name was called, while if the name was not called, all agree that one may not go up. Now, according to the Ashkenazi custom to call up a person by his name and father’s name [See Piskeiy Teshuvos 139:2], he is not considered called up until his name and father’s name is mentioned. Hence, until that occurs it would need to follow the initial law that he may not be called up. Now, although once one was publicly motioned to come to the Torah, he must do so even if his name was not called, and if he refuses, the Talmudic warning befalls him [Brachos 55a, brought in M”A 53:22], nevertheless, in this case, since he is in the midst of Davening he is protected from the Talmudic warning [See Kaf Hachaim 66:24], and hence it once again reverts back to the initial ruling that he may not be called up. On the other hand, perhaps the mere fact that he was publicly motioned to go up, already enters him into the allowance to “answer for Kavod” even though he is not obligated to do so under the Talmudic warning, and he is thus to go up if the Gabbai said his first or last name. Vetzaruch Iyun.

[225] As when one is privately asked, everyone agrees that he may refuse going up, and the Talmudic warning does not befall him. [See Chaim Sheol 1:13]

[226] Pashut, as this once again falls under the law of Kavod Hatorah.

[227] See M”B 66:26

[228] See Tehila Ledavid 282:3; Piskeiy Teshuvos 135:12; Hefsek Betefila p. 39

[229] Piskeiy Teshuvos 135:12

[230] Piskeiy Teshuvos 135:12 based on Tehila Ledavid 282:3 that only when there is Machlokes involved do we say the Maftir should also read; This is unlike Hefsek Betefila p. 39 who writes the Maftir may always read the Haftorah

[231] Tehila Ledavid 282:3

[232] M”B 66:27; Ketzos Hashulchan 19 footnote 7; Yabia Omer 7:9

[233] Based on M”B 66:26 who rules that one may give his name in middle of a Mi Shebeirach in honor of the congregation.

[234] Michaber 135:3; Mishneh Gittin 59a

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

The Alter Rebbe receives the Aliyah of Kohen by the Hachnasas Lecheder of the Tzemach Tzedek: The day after Yom Kippur in the year 1792, was the day of his Hachnasas Lacheder for the Tzemach Tzedek, and in its honor, the Alter Rebbe received the Aliyah of Kohen, the father of the Tzemach Tzedek received the Aliyah of Levi, and the Tzemach Tzedek together with his Milameid received the Aliyah of Shelishi in Parshas Ha’azinu. [Sefer Hatoldos Tzemach Tzedek] It is unclear if a Kohen was present at the time or if he was asked to leave.

[236] Admur 128:60 “The honor of the Kehuna was given to them for their benefit to be called up first to the Torah”; 201:3 “If a Kohen and Yisrael are of equal wisdom, it is a positive command in the Torah to precede a Kohen, as the verse states Vikidashto, and the Sages expounded this to refer to all matters of holiness. Meaning that he is to be preceded by all matters of greatness he is to be made holy, such as to be the first to read from the Torah.”; M”A 135:20; 201:4; M”B 135:9; See Kaf Hachaim 135:12

Other opinions: Some Poskim rule it is a mere Rabbinical obligation to precede a Kohen for the first Aliyah. [M”A ibid and ibid in name of Poskim, although he concludes that it is Biblical; See Kaf Hachaim 135:12]

[237] Tur 135 in name of Rosh Gittin 5:20; See Admur 201:3; M”B 135:11 that according to many Rishonim no Takana was made to precede a Kohen Am Ha’aretz to the first Aliyah

Other opinions: Some Poskim rule that one is required to call a Kohen prior to a Yisrael even if the Yisrael is a Gadol Hador. [Rav Amram Gaon; Rav Nutranaiy Gaon, brought in Tur 135 and Taz 135:3]

[238] Michaber 135:4

The reason: This is done for the purpose of Darkei Shalom. [M”B 135:11]

[239] Rama ibid

[240] M”B 135:9 in name of Peri Megadim

[241] Beis Yosef 135; Gittin 59a; M”B 135:10; See Admur 201:3 that it is proper to precede the honor of a Levi to that of a Yisrael and one who does so is blessed with long life

[242] Devarim 31:9

[243] Rama E.H. 3:1 that so is custom; Ramach M”B 128:1;

Other opinions: Some Poskim rule that a person is not believed to be a Kohen simply by stating so, and rather he must provide testimony of his lineage. [Michaber E.H. 3:1] The reason for this is because getting an Aliyah of Kohen considers one to be a Kohen for all matters, and people may come to feed him Teruma which is only permitted for a Kohen with proven lineage. [Beis Shmuel 3:1]

[244] See P”M 139 A”A 2; Piskeiy Teshuvos 135:8

[245] Maharam Shick 61; Yagel Yaakov 13; Afrasakta Deanya 1:179; Piskeiy Teshuvos 135:14

[246] Eretz Tzevi 2:10; Kinyan Torah 7:15

[247] Mor Uketzia 135 that so was custom of his father the Chacham Tzevi; See Minchas Elazar 4:59; Mishneh Halachos 4:225; Piskeiy Teshuvos 135:9

[248] See Ketzos Hashulchan 85:3; Piskeiy Teshuvos 135:11

[249] See Admur 128:51-52; Michaber 128:39; Minchas Chinuch Mitzvah 269; Maharam Shick 1:56; See P”M 135 in Pesicha leaves this matter in question

[250] Admur 128:51 “The Sages decreed that he is desecrated from his holiness and does not perform Nesias Kapayim or read first from the Torah.”

[251] See Admur 128:52 in parentheses “Except for desecrating Shabbos in public, in which case he is like a gentile for all matters”

[252] However, see Admur 128:51 that if it is a prohibition upon all Jews, even non-Kohanim, then he is not desecrated from his Kehuna

[253] Admur 128:53 “If he transgresses the Mitzvos of Kehuna, the Sages fined him and invalidated him for Kehuna even to receive the first Aliyah…this includes a Kohen who married a Gerusha or Chalutza or defiled himself to the dead.”; Shaareiy Efraim 1:37; Ketzos Hashulchan 85:3

[254] Admur ibid; Shaareiy Efraim 1:37; Ketzos Hashulchan 85:3

[255] See Piskeiy Teshuvos ibid and 128:79; See Halacha 1E in Q&A. However, see Admur 128:51 that an Aral may perform Nesias Kapayim

[256] Admur 128:52

[257] Implication of Admur 128:51 and 53 that he is only invalid for the first Aliyah; Igros Moshe ibid

[258] Opinion in Admur 128:54; Rama 128:41; Mordechai

[259] Admur ibid in parentheses

[260] See Admur 128:44; Piskeiy Teshuvos 135:11

[261] Admur 128:55; Michaber E.H. 7:20

[262] 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

[263] 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

[264] As rules Michaber 135:4

[265] See Piskeiy Teshuvos 135:9

[266] 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

[267] 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

[268] 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

[269] 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

[270] As rules Michaber 135:4

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

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

[273] Mahrik brought in M”B 135:18; Shoel Umeishiv 6:29

[274] See Teshuvah Meahava 90; Avnei Tzedek 9; Maharam Brisk 6

[275] Maharam Shick 59; Kaf Hachaim 135:14; Piskeiy Teshuvos 584:4

[276] Arugas Habosem O.C. 21; Zecher Yitzchak 77; Piskeiy Teshuvos 135:16; See Peri Chadash 135:6; Halacha F in Q&A regarding if a Yisrael was accidentally called up despite there being a Kohen present

[277] See Michaber 135:10; Piskeiy Teshuvos 135:18

[278] Michaber 135:10; See Yabia Omer 6:24

[279] Michaber ibid

The reason: This is announced in order so people do not suspect that the person is an invalid Kohen. [M”B 135:31]

[280] Rama 135:10; Ketzos Hashulchan 85:2

[281] M”B 135:36

[282] M”B 135:37

[283] Michaber 135:12; See Taz 135:11; M”A 135:11; Aruch Hashulchan 135:26; Kaf Hachaim 135:69; Minchas Yitzchak 2:40; See Piskeiy Teshuvos 135:20 for a summary of 12 different scenarios!

[284] Michaber ibid; M”A ibid

Other opinions: Some Poskim rule that one must always precede the Kohen for the first Aliyah being that it is a Biblical obligation. [Maharik, brought in M”A ibid]

[285] Taz 135:11; M”B 135:43

Other opinions: Some Poskim rule that even in such a case, the Yisrael is to receive the first Aliyah. [Levush 135, brought in M”A 135:20] Other Poskim rule that in such a case, the Levi is to receive the first Aliyah,. And then the Yisrael and then all the Kohanim. [M”A 135:20]

[286] See Aruch Hashulchan ibid and Kaf Hachaim ibid

[287] M”A 135:11; M”B 135:44

[288] M”B 135:44

[289] Aruch Hashulchan ibid

[290] M”B 669:2 in name of Maharil; Piskeiy Teshuvos 669:4

[291] Har Tzevi 1:68; Piskeiy Teshuvos 135:18

[292] See M”B 135:35; Hisorerus Teshuvah 1:65; Kinyan Torah 1:47; Piskeiy Teshuvos 135:18

[293] Michaber 135:8; Gittin 59; Mahariy Asad 45; Maharam Shick 61; Rav Poalim 4:4; Mahram Brisk 1:145; Divrei Yoel 154; Divrei Yisrael 57; Tzitz Eliezer 11:47; 12:37; Yabia Omer 6:25; See Piskeiy Teshuvah 135:17

Other opinions: Some Poskim rule that a Kohen who receives the second Aliyah of Levi is not to recite an end blessing for his Kohen Aliyah or a before blessing for his Levi Aliyah, and is to thus only recite two blessings in total. [Tanya Kadmon 6] Accordingly, some Poskim rule that the Kohen is thus to say Baruch Sheim after the second Aliyah [See Sefer Koveitz Al Harambam in name of Makor Baruch 60; Minchas Elazar 4:59; Minchas Yitzchak 1:66; 10:22] Other Poskim write that one is to ask the Kohanim to leave the Shul in such a case. [Mahariy Asad 45 and Maharam Shick 61 in name of Maharam Benet; Shoel Umeishiv Shesisa 29; Minchas Elazar 4:59 that his father the Darkei Teshuvah would give the Aliyah to a Yisrael and recite that it was given with the forgiveness of the Kohen; Teshuvos Vehanhagos 1:151] The Poskim ibid negate the above customs.

[294] Ketzos Hashulchan 25:2

[295] Ledavid Emes 6:68; Imrei Yosher 2:9; Shaareiy Chaim 8:18; Har Tzevi 1:67

[296] Rama 135:6; M”A 135:10; Taz 135:6; Peri Chadash 135:6; Elya Raba 135:9; Mamar Mordechai 135:8; Machazik Bracha 135:4; Biur Hagr”a; Rashi Gittin 59b in accordance to his second and main explanation; Rosh in name of Ritzba; Tur 135; Maharil, and Beis Yosef 135 in name of Minchas Kohen, that this applies even according to the first Pirush in Rashi Gittin ibid; One way of learning Rabbeinu Yerucham, Rambam Tefilla 12:19 and even 1st Pirush in Rashi ibid; Or Letziyon 2:9; Yabia Omer 6:24; Piskeiy Teshuvos 135:10; See Yalkut Dinei Kerias Hatorah p. 1343

Background of opinions: The Gemara Gittin 59b states that when there is no Kohen in Shul “the package falls apart.” It is unclear as to the intent of this statement, and Rashi ibid offers two explanations, the first that “The Levi is not called at all” and the second explanation that “He can call up whomever he wants.” Now, there is a total of two interpretations amongst the Poskim as to the understanding of the first explanation in Rashi, which consequently created three opinions in Halacha as to whether a Levi may or should be called up first when a Kohen is not present: a) That one may not call up a Levi at all, neither for the first Aliya in place of the Kohen, nor for the second Aliyah which is generally designated for Levi. [1st explanation of Rashi as learns Kesef Mishneh on Rambam ibid and Taz ibid; One way of learning Rambam and Michaber 135:6, and so learns to be their opinion: Peri Chadash 135:6; Bach 135; Kneses Hagedola 135:5; Beis Yehuda 2; Kaf Hachaim 135:40] Or b) That we no longer need to honor the Levi with an Aliya prior to a Yisrael, even if the Levi and Yisrael are of equal stature, and thus its left to the discretion of the Gabbai as to whether to call up a Levi or Yisrael for the first Aliyah of Kohen. If, however, a Yisrael if of greater stature, the one must honor the Yisrael. [1st Pirush in Rashi ibid, as understood by Maharil ibid, Darkei Moshe 135:6, Maharil, and Beis Yosef 135 in name of Minchas Kohen; explained in Machatzis Hashekel on M”A 135:10] Or c) That we no longer need to honor the Levi with an Aliya prior to a Yisrael, if the Yisrael is of greater stature, and thus its left to the discretion of the Gabbai as to whether to call up a Levi or Yisrael for the first Aliyah of Kohen. If, however, the Levi and Yisrael are of equal stature, and certainly if he is of greater stature, then one must precede the Levi. [2nd Pirush in Rashi ibid; See Rosh; Taz ibid; Machatzis Hashekel ibid]

[297] M”A 135:10 [in suspicion of 1st Pirush in Rashi as explains Machatzis Hashekel]; Taz 135:6 in compromise of first and 2nd Pirush in Rashi; 1st Pirush in Rashi ibid, as learn some Poskim ibid; Peri Chadash 135:6; Elya Raba 135:9; Mamar Mordechai 135:8; Machazik Bracha 135:4; Ledavid Emes 5:16; Zera Emes 15;  Kaf Hachaim 135:45

[298] 1st explanation of Rashi as learns Kesef Mishneh on Rambam ibid and Taz ibid; One way of learning Rambam ibid and Michaber 135:6, and so learns to be their opinion: Peri Chadash 135:6 and so practically rule: Iggur, brought in Darkei Moshe ibid, that so is custom in Ashkenaz; Bach 135; Kneses Hagedola 135:5; Beis Yehuda 1-2; Mor Uketzia 135 based on Kabala that one should not begin with Midas Hadin; Kaf Hachaim 135:40;

[299] The reason: As if the Levi is called up for Kohen people may think that he is a Kohen. [Bach ibid]

[300] Kaf Hachaim ibid

[301] Or Letziyon 2:9; Yabia Omer 6:24; Piskeiy Teshuvos ibid;

[302] Implication of Rama ibid who says “Yachol Lalos” seemingly in suspicion of the 1st Pirush in Rashi; Piskeiy Teshuvos 135:10 [Vetzaruch Iyun that he omits all the opinions brought below!]; Hiskashrus 761 p. 15 that so is custom; See Admur 201:3; Ketzos Hashulchan 25 footnote 15

Other opinions: Some Poskim learn that whenever the Levi is of equal stature to the Yisrael, then he must be called up first. [2nd Pirush in Rashi; Taz ibid; Machatzis Hashekel ibid; Levushei Serud on Taz ibid; See Ketzos Hashulchan 25 footnote 15]

[303] Machatzis Hashekel ibid that according to M”A ibid and other Poskim, this applies according to both Pirushim in Rashi; Taz ibid according to 2nd Pirush in Rashi

[304] Kaf Hachaim ibid; Yabia Omer ibid; Piskeiy Teshuvos ibid

[305] Taz ibid; M”A 135:11; Beis Yosef 135; See Shaareiy Efraim 1:13; Kaf Hachaim 135:40

[306] Rama ibid; Tur ibid

[307] Shaareiy Efraim 1:13; Derech Hachaim 1; Kaf Hachaim 135:46

[308] The reason: As otherwise people may think that he is a Kohen, and come to give him Teruma or Challah. [Poskim ibid]

[309] Tur; Kaf Hachaim ibid

[310] Mamar Mordechai 135:10; Shaareiy Efraim 1:15; Kaf Hachaim ibid

[311] Peri Chadash 135:1; Piskeiy Teshuvos 135:10

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

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

[314] The reason: As otherwise the blessing would be in vain, and thus it is better that he completes the blessing and receive the Aliyah then have the Kohen take him over and cause the blessing to be said in vain. [M”B 135:19; Machatzis Hashekel 135:8]

Saying Lamdeini Chukecha: Even if he stopped and realized by the Words Baruch Ata Hashem that the Kohen entered, he is not to conclude with the words Lamdeini Chukecha, hence saving the blessing from being in vain and allowing the Kohen to step up in his place. Rather he is to finish the blessing as usual. [M”A 135:8 in implication of Michaber ibid; Elya Raba 135:7; Chayeh Adam 31:20; Kaf Hachaim 135:35; See Beir Moshe 3:18] The reason for this is because, the ability to fix a blessing by saying Lamdeini Chukecha [as brought in Michaber 206:6] is not according to all opinions, and hence initially it is best to say the blessing properly. [Machatzis Hashekel ibid]

[315] P”M 135 A”A 8; M”B 135:20; See Q&A!

The reason: As since the Levi/Yisroel received the Aliyah according to law [as the Kohen was not in the room] therefore it counts as part of the 3:7 required Aliyos. Furthermore, one cannot call up the Kohen for a subsequent Aliyah, as this will make people think that the Kohen is in truth not a Kohen, as he was called up for the Aliyah of Levi/Yisrael, and he is hence not to be called up at all. [See P”M 135 A”A 8]

[316] The reason: As the mere saying of Barchu is not considered in vain if he does not continue with the blessing, as the congregation already replied Barchu Es Hashem Hamevorach to his Barchu. [Levush 135; Machatzis Hashekel 135:8; M”B 135:21 in name of Gr”a; Kaf Hachaim 135:36-37 in name of Shut Hageonim]

If the Kohen entered in middle of the Yisrael saying Barchu: In such a case, if the Yisrael already said Hashem’s name, he is to conclude “Hamevorach” and have the congregation answer after him, and then step down for the Kohen to take his place. [Kaf Hachaim 135:37]

[317] The reason: This is done in order not to embarrass the Levi/Yisrael and make them step down without an Aliyah. [M”A 135:9; Chayeh Adam 31:20; M”B 135:22; Kaf Hachaim 135:38] Alternatively, it is done because the Gemara Brachos 55a states that one who was called to read the Torah and does not do so his life is shortened, and hence he is to remain until he receives an Aliyah. [Biur Hagra 135; see Tzitz Eliezer 14:34]

[318] There are various reasons mentioned behind why we call up the person by name [See Poskim in Piskeiy Teshuvos 139:2], and hence although he was mistakenly called up once, nevertheless, seemingly when he is called up anew he is once again to be called up by name. Vetzaruch Iyun

[319] Elya Raba 140; P”M 140; Derech Hachaim 2; Kitzur SHU”A 23:12; M”B 135:21; Kaf Hachaim 135:39

Other opinions: Some Poskim rule the Kohen is not to repeat the saying of Barchu. [Pesach Hadvir, brought in Kaf Hachaim 135:39; See Poskim in Piskeiy Teshuvos 135:15 footnote 92-93]

[320] Kaf Hachaim 135:39

[321] P”M 135 A”A 8; Noda Beyehuda Tinyana 14; Yosef Ometz 9; Ikarei Hadat 6:1; Mamar Mordechai 135:7; Shaareiy Efraim 1:25; M”B 135:20; Kaf Hachaim 135:34

Other opinions: Some Poskim rule that only in a case that the Kohen was not in Shul when the Yisrael began the blessing do we say that the Yisrael was Yotzei the Aliyah as part of the 3:7 required Aliyos and it is not necessary for the Kohen to be called up. However, if the Kohen was in Shul and accidently was not called up, then the Yisrael does not fulfill that Aliyah as part of the 3/7 required Aliyos, and the Kohen must be called up for Levi and another seven called up after him. [Peri Chadash 135:6, brought in Poskim ibid; See also Beir Moshe 3:18] The above Poskim ibid negate this opinion and rule the Aliyah counts as part of the 3/7 required Aliyos and the Kohen is not to be called up at all.

[322] The reason: The reason the Kohen is not to receive an Aliyah is because this will make people think that the Kohen is in truth not a Kohen, as he was called up for the Aliyah of Levi/Yisrael, and he is hence not to be called up at all. [Poskim ibid]

[323] Makor Chaim 135; Aruch Hashulchan 135:15

[324] The reason: As the entire reason he is to remain is in order not to embarrass the Levi/Yisrael and make them step down without an Aliyah. [M”A 135:9; Chayeh Adam 31:20; M”B 135:22; Kaf Hachaim 135:38] hence, if the Levi/Yisrael is Mochel, he may step down. [ibid]

[325] Biur Hagra 135; See Tzitz Eliezer 14:34

[326] The reason: As the Gemara Brachos 55a states that one who was called to read the Torah and does not do so his life is shortened, and hence he is to remain until he receives an Aliyah. [Biur Hagra 135; see Tzitz Eliezer 14:34]

[327] Piskeiy Teshuvos 135:15

[328] Michaber 135:11; Ketzos Hashulchan 25:3; See Piskeiy Teshuvos 135:19

[329] Toras Chaim Sofer 135:14; Shaareiy Rachamim 1:21; Ketzos Hashulchan 25:3

[330] M”B 135:38

[331] See Kaf Hachaim 135:66

[332] See Michaber 136:1; Ketzos Hashulchan 85:11; Piskeiy Teshuvos 136:4-11; Yalkut Kerias Hatorah p. 1350

[333] Michaber 136:1

[334] Michaber 136:1

[335] Michaber 136:1

[336] Michaber 136:1

[337] Admur 282:9; Rama 282:3; Tashbeitz 199 based on Yerushalmi Yuma 7:1; See M”A 136 and M”B 136:2 in name of Maharil

[338] The reason: As there is no belittlement shown to the Torah scholar by calling him up, as it honors the Torah to have great people called up to it. [Admur ibid]

[339] Maharam Shick O.C. 62

[340] Toras Chaim Sofer 136; See Minchas Yitzchak 6:22

[341] See M”A 282 in end; Shaareiy Efraim 2:1-15; Kitzur SHU”A 78:11; Biur Halacha 136:1 “Beshabbos Veyom Tov”; See Piskeiy Teshuvos 136:5-12

[342] M”A 282 in end; Biur Halacha ibid; See Piskeiy Teshuvos 136:6

[343] Biur Halacha ibid

[344] See Piskeiy Teshuvos 136:6

[345] Shulchan Haezer 6; Tzitz Eliezer 21:20; See Piskeiy Teshuvos 284:2 and Poskim in footnote 16

[346] Biur Halacha ibid

[347] Shaareiy Efraim 2:3; Piskeiy Teshuvos 136:11

[348] M”A 282 in end; Biur Halacha ibid; See Piskeiy Teshuvos 136:7

[349] Biur Halacha ibid; Shvus Yaakov 2:129; See Piskeiy Teshuvos ibid

[350] Levushei Mordechai 1:37; See Piskeiy Teshuvos ibid and 284:2 and Poskim in footnote 16

[351] Piskeiy Teshuvos 136:11

[352] M”A 282 in end; Biur Halacha ibid; See Piskeiy Teshuvos 136:8

[353] Biur Halacha ibid

[354] See Piskeiy Teshuvos 136:8

[355] Machatzis Hashekel 282; Minchas Yitzchak 4:107; Piskeiy Teshuvos 136:10; However, see M”A 282 in end that the father of a newborn daughter comes before the father of a newborn son

[356] M”A 282 in end; Biur Halacha ibid; See Piskeiy Teshuvos 136:6

[357] Biur Halacha ibid in brackets in name of Shaareiy Efraim

[358] Biur Halacha ibid

[359] Piskeiy Teshuvos ibid

[360] M”A 282 in end; Biur Halacha ibid; See Piskeiy Teshuvos 136:9

[361] Biur Halacha ibid

[362] See Piskeiy Teshuvos 136:9

[363] Piskeiy Teshuvos ibid

[364] M”A 282 in end; Biur Halacha ibid; However, see Shaareiy Efraim 2:12 that this is no longer the custom today; See Piskeiy Teshuvos 136:11

[365] Biur Halacha ibid

[366] Biur Halacha ibid

[367] Biur Halacha ibid regarding a Bar Mitzvah boy

[368] Piskeiy Teshuvos 136:5

[369] Biur Halacha ibid

[370] See M”B end of 322; Piskeiy Teshuvos ibid footnote 32

[371] See Noda Beyehuda Tinyana 15; Igros Moshe 1:102

[372] Admur 584:7; See Biur Halacha 136:1 “Beshabbos Veyom Tov”

[373] Can he receive Maftir? Yes. The reason the Rama records “the five Aliyos” is in order to negate giving him a 6th or 7th Aliyah in those areas that add more Aliyah’s to the reading. [Shaareiy Efraim 2:15; Ketzei Hamateh 584:34]

[374] Admur 584:8; Rama 584:2 in name of Kol Bo; M”A 282 in end

The reason: As the Torah brings joy to a person and hence the Chazan and Baal Tokeia will be in a joyful mood and not come to make a mistake in the prayer and blowing. [Levush 584]

[375] The community of Pozna. [Levush and M”A 282 in end; 584:6]

[376] Admur ibid; M”A 584:6 ; Levush

[377] Kitzur Shlah; Elya Raba 584:9; Machatzis Hashekel; P”M 584 A”A 6; M”E 584:22; M”B 584:9; Kaf Hachaim 584:24

[378] Alef Hamagen 584:27 based on the reason of the Levush recorded above.

[379] Aruch Hashulchan 584:3; Shaareiy Efraim 2:15 regarding a Baal Yahrzeit and Sandek

[380] See M”B 136:4; Biur Halacha 136:1 “Beshabbos Veyom Tov” towards end; Piskeiy Teshuvos 136:5; Yalkut Dinei Kerias Hatorah p. 1348

[381] M”B ibid and Conclusion of Biur Halacha ibid that the Chiyuvim are not to be pushed off, especially, if there is an Ufruf, or child who has reached Bar Mitzvah.

[382] Piskeiy Teshuvos 136:5

[383] Admur 306:16; M”A 306:15; Rashal Beitza 5

[384] The reason: Although this should ideally be prohibited due to the prohibition against doing business on Shabbos, which applies even for the sake of a Mitzvah, nonetheless, one can with difficulty learn merit onto the custom, being that there is no tangible item being purchased. [Admur ibid]

[385] Taz 249:1; Elya Raba 156:2; So applies according to all Poskim who allow using Maaser money for Mitzvos, which includes: Shach 249:3; Maharshal; Derisha 249:1; Maharam Menachem 459; Admur Hilchos Talmud Torah 1:7 regarding using Maaser to pay tuition of Talmud Torah; Admur Seder Birchas Hanehnin 12:9 “The Maaser of the son may be used for other Mitzvos”; Likkutei Sichos 9:346; Toras Menachem 34:272 [brought in Shulchan Menachem 5:110] based on Admur ibid; See Tzedaka Umishpat 6:12

Other opinions: Some Poskim rule it is forbidden to use Maaser money for the sake of a Mitzvah, such as to donate candles to the Shul, and rather it must be given as charity to paupers. [Rama Y.D. 249:1; Maharil Rosh Hashanah and Teshuvah 56; Kneses Hagedola 249; Beis Dino Shel Shlomo Y.D. 1; See Beir Goleh ibid who explains that the Rama refers to a Mitzvah that one already obligated himself to pay, and on this he can’t use Maaser money, however in general he agrees with the Maharam that Maaser may be used for a Mitzvah, and hence there is no dispute. [Pischeiy Teshuvah 249:2] So can also be implied from Taz 249:1 that there is no dispute. [See Tzedaka Umishpat 6 footnote 7] However, see Chasam Sofer 231[brought in Pischeiy Teshuva ibid and Ahavas Chesed 18:2] who negates this explanation and states that according to Rama/Maharil it is always forbidden to use it for a Mitzvah, and so explains Rebbe in Toras Menachem 34:272.] Accordingly, these opinions would rule that it is forbidden to use Maaser money to purchase an Aliya. However, in truth, perhaps one can suggest that money which goes to Shul is considered pure Tzedaka, even though it does not go to a pauper, and only regarding those Mitzvos that remain within one’s possession, [such as Sefarim], do we say that the dispute applies. [So is implied from Taz ibid who says regarding purchasing an Aliya “As the money is going to Tzedaka”, and only later doe she bring the opinion of the Maharam] However, in truth there is no way to coincide this with the Rama ibid who explicitly states that “even candles of a Shul” cannot be donated from Maaser, and hence we see that only actual paupers may receive Maaser according to the Rama.

If the money is going towards the poor: Whenever the donated money for the Aliya or Kibbud will be going towards funding the needs of the poor and not towards the Shul, it is permitted according to all for one to use Maaser money to pay for the Aliya. [Kneses Hagedola 249; Beis Dino Shel Shlomo Y.D. 1; Ahavas Chesed 19:2]

If one can afford to pay for the Aliya without Maaser funds: The Taz ibid does not condition the above ruling that one may only purchase the Aliya with Maaser funds if he does not have other funds available. However, based on the ruling of the Maharam, it would seem that here too one may only use Maaser for an Aliyah, if he cannot afford it otherwise. Vetzaruch Iyun.

[386] The reason: As although one benefits from the Kibbud, nonetheless, this does not invalidate its Tzedaka status, being that all Tzedakah has some benefit. [Taz ibid]

[387] The reason: As the money has already become a personal debt, and it is forbidden to use Maaser money to pay for a debt. [Taz ibid]

[388] Shlah Miseches Megillah p. 262, brought in Elya Raba 156:2; Reb Akiva Eiger 249:1; Hilchos Maaser Kesafim 14:32

[389] Elya Raba ibid negates the opinion of Shlah

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