If a Kohen does not want an Aliyah and he is the only Kohen in Shul, may he even initially go out in order to not be called up?[1]
Yes. In the event that the only Kohen in Shul does not want an Aliyah then he may leave the shul in order not to be called up. He is to leave prior to the Kohen being called up by the Gabaiy, and remain outside until after the start of the blessing.
[1] See Machatzis Hashekel 53:22; See regarding Kohen during Shema or fast day leaving Shul: Rama 135:5; Maharik Shoresh 9; See regarding Kohen during Shiva leaving Shul: M”B 135:45 in name of Elya Raba and other Poskim; Shaarei Efraim 8:9; Hagahos Maimanis in name of Maharam; Chasam Sofer 352, brought in Pischeiy Teshuvah 401:3; Poskim brought in Nitei Gavriel 116:2 footnote 3; Ketzos Hashulchan 85:10; See regarding Kohen leaving Shul before Kohanim if he does not desire to perform Nesias Kapayim: See Admur 128:5; Ketzos Hashulchan 23:23
Until when is the Kohen to remain outside the Shul if a non-Kohen is being called up in his place for the first Aliyah?
He is to remain outside until after Barchu and the [start of the] first before blessing of Asher Bachar Banu is recited.[1] After the words Baruch Ata Hashem is recited by the Olah, he may then return to the shul.[2] If the Olah did not yet say Hashem’s name in the blessing of Asher Bachar Banu, then from the letter of the law and the Kohen walked in, then the Olah is to stop and the Kohen is to be called up [by name] in his stead.[3]
[1] Michaber 135:6; Mahariy, in name of Orchos Chaim, in name of Rif
[2] M”A 1235:8; M”B 135:19; Kaf Hachaim 135:36
[3] Michaber 135:6; Mahariy, in name of Orchos Chaim, in name of Rif
What should be done if the Kohen is the tenth man of the Minyan and he does not desire an Aliyah or forgives his honor?
In such a case, he may not step outside of the shul, as by doing so the minyan becomes disbanded, and it remains forbidden to say blessings over Kerias Hatorah.[1] Rather, he should remain in the shul, and simply say that he forgives his honor and that he does not desire to be called up for the Aliyah.[2]
[1] See Michaber 143:1; Rambam Tefilla 2; Ketzos Hashulchan 25:14
[2] Many Poskim rule that a Kohen or Levi may forgo their honor and have a Yisrael called up in their place. [Admur 128:60 in parentheses “As a Kohen may give permission to a Yisrael to be called first and say the blessings before him, as written in 135 and 201”; Tur 135 in name of Rosh Gittin 5:20 that it is permitted to do so on Mondays and Thursdays; M”A 201:4 in name of Semag; M”A 135:7 and Maharik Shoresh 9 regarding custom of some communities to sell Aliyah of Kohen to highest bidder, brought in M”B 135:18 [However the M”B explains this to be an exceptional case being that it is an old custom, and done for Kavod Hatorah]; Teshuvah Meahava 1:91; Kesav Sofer 36; Shnos Chaim p. 86; Shoel Umeishiv Shetisa 6:29; Maharam Shick 60; Maharsham 1:214; Toras Chaim Sofer 135:7; Shulchan Hatahor Komrana 135:8; Igros Moshe 2:34; 3:20; Minchas Yitzchak 2:41; Shevet Halevi 8:25; Teshuvos Vehanhagos 1:151; Yabia Omer 6:23; Mishneh Halachos 3:13; Tehilos David 40] Of these Poskim, some rule that it is not necessary for him to leave the Shul, and thus in such a case the Gabbai is to say Bereshus Hakohen. [Beis Yosef 135; Peri Chadash 135:3; Kneses Hagedola 135; Emes Leyaakov 46; Ledavid Emes 5:46; Birkeiy Yosef 135:8; Maharash Kluger in end of Sefer Stam; Eretz Chaim 135; M”B 135:18 regarding Shabbos Bereishis; Shnos Chaim p. 86; Kaf Hachaim 135:14; Igros Moshe 2:34; 3:20 regarding weekday readings; Yabia Omer 6:23; Tehilos David 40; See Sichat Hashavua Pinat Halacha 459] Now, although there are Poskim who argue on both of these points and rule that a) a Kohen cannot forgive his Aliyah [Levush 135; M”B 135:9; Kaf Hachaim 135:12; Rav Amram Gaon; Rav Nutranaiy Gaon, brought in Tur 135; See 2nd opinion in Admur 128:60; Shivas Tziyon 6:6; Lev Chaim 93 in name of Batei Kehuna; Avnei Tzedek 9; Daas Sofer 1:18 in name of Chasam Sofer; Zichros Yehuda 74; Maharshag 1:44; Levushei Mordechai 6; M”B 135:18] and b) even according to those who hold that he can, he must leave the shul [M”A 135:7; Maharik Shoresh 9; Chasam Sofer 24-25; Teshuvah Meahava 1:91; Kesav Sofer 36; Shoel Umeishiv Shetisa 29; Maharam Shick 60; Maharsham 1:214; Toras Chaim Sofer 135:7; Igros Moshe 2:34; 3:20 regarding Shabbos and Yom Tov; Minchas Yitzchak 2:41; Shevet Halevi 8:25; Teshuvos Vehanhagos 1:151; Mishneh Halachos 3:13], practically, in this case that it is not possible for him to leave the shul, and it is likewise not possible for us to force the Kohen to get an Aliyah if he doesn’t want it, therefore there is no choice but to have him remain in the shul in order so the minyan does not become disbanded.
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?[1]
Some Poskim[2] 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. Accordingly, some Poskim[3] 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[4], however, rule that a Kohen or Levi may forgo their honor and have a Yisrael called up in their place. Accordingly, some Poskim[5], 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[6] rule that the Kohen is to leave the Shul prior to the start of the Aliyah. Other Poskim[7], 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.[8] 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:[9] 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.[10]]
Summary: In a time rare and mitigating circumstances [i.e. special opportunity to sell Aliyah for much money; many guests; many Chiyuvim] the custom is to ask the Kohen to leave the Shul in order to call up a Yisrael in his place.
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[11] 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.
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[1] See Piskeiy Teshuvos 135:9
[2] 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
[3] 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
[4] 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
[5] 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
[6] 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
[7] 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
[8] As rules Michaber 135:4
[9] Sefer Haminhagim p. 30 [English]; Likkutei Dibburim Likkut 13:5 vol. 2:311; Sefer Hasichos 5696 p. 51
[10] See Sichat Hashavua Pinat Halacha 459 that so was once done by the Rebbe
[11] 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
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