- Question: [Sunday, 3rd Kisleiv, 5782]
I am the Gabaiy of my Shul and called an individual to the Torah unknowingly that he was on his last day of Shiva. [He gets up from Shiva that Shabbos.] Should he nonetheless take the Aliyah?
Answer:
Yes, on Shabbos once a person is called up he must go up for the Aliyah and cannot refuse it even if he is an Avel during Shiva.
Explanation: Although it is forbidden for a mourner to receive an Aliyah to the Torah, and if he is called up during the week he is to refuse it, nonetheless, if this occurs on Shabbos, since it is forbidden to show public mourning, therefore he is required to take the Aliyah. This applies even if Shabbos is not the last day of Shiva, and certainly if it is the last day of Shiva, in which case many Poskim rule that he actually finished Shiva by sunrise of Shabbos and therefore from the letter of the law is even initially allowed to receive an Aliyah, even though the practical custom is to wait until Mincha.
Sources: See Michaber Y.D. 400:1; Piskeiy Teshuvos 287:4; See regarding if Shabbos is the seventh day: Taz 402:5 based on Rabbeinu Yechial in Tur 402; Gilyon Maharsha 384:1; Daas Torah 400; Shaareiy Ephraim 8:109; Nitei Gavriel 116:13
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