web analytics
April 20, 2014 / 20 Nisan, 5774
At a Glance
Judaism
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



An Aliyah For Someone Who Isn’t Fasting

Cohen-Rabbi-J-Simcha

Share Button

Question: May a person who ate on Tisha B’Av receive an aliyah?

Answer: According to ancient custom, a kohen who eats on a fast day should leave the synagogue before Keri’at HaTorah if he is the only kohen present so that an Israelite may receive the aliyah instead of him. The Beit Yosef rules in accordance with this ancient custom.

The Bach, however, disagrees. He contends that a kohen who eats on a fast day may receive an aliyah. He argues that the presence of 10 Jews in the synagogue who are fasting creates an obligation upon the congregation to read the special Keri’at HaTorah for fast days. This obligation is incumbent upon everyone in the synagogue, including those who aren’t fasting.

The Bach concedes that the common custom is not to grant an aliyah to someone who eats on a fast day, but he writes that a kohen may accept an aliyah if he is offered one (Tur, Orach Chayim 566; see Bet Tosef and Bach).

If a fast day falls out on Monday or Thursday, the Mishnah Berurah rules that a kohen who eats on that day may receive an aliyah at Shacharit since there would have been a Torah reading regardless of the fast. And the Torah reading on Mondays and Thursdays is obligatory on the entire congregation, even those who do not fast. Though some sages do not agree with this logic, there is a consensus that a kohen who isn’t fasting may accept an aliyah during Shacharit on those days (Mishnah Berurah, citing the Magen Avraham, Orach Chayim 566:19).

What about an aliyah at Minchah? The Mishnah Berurah favors the stringent position which maintains that reciting the Birkat HaTorah at Minchah would be considered a berachah levatalah for someone who isn’t fasting. Accordingly, if a kohen has eaten on a fast day and is the only kohen present in shul for Minchah, he should leave. The Mishnah Berurah, however, writes that if the kohen is a talmid chacham who, due to sickness or error, ate on the fast day and is ashamed to publicly indicate that he isn’t fasting, he may rely on the lenient position and accept an aliyah at Minchah (Mishnah Berurah, Orach Chayim 566:21).

The Aruch HaShulchan rules that all the limitations on kohanim who ate on fast days only pertain to non-official communal fast days. On a day like Tisha B’Av, however, everyone may receive an aliyah since on official fast days the community is obligated to hear Keri’at HaTorah (Orach Chayim 566:11 – this position appears to be based on the logic of the Bach).

The Chatam Sofer relates that one year, due to illness, he ate on Tisha B’Av. He notes that, based upon the position of the Bach, he should have no qualms about receiving an aliyah at Minchah. The Chatam Sofer also argues that observing a fast day is not an all or nothing proposition. A person who broke his fast is still not allowed to shower, bathe, or anoint himself with soothing oils. Accordingly, a person who ate on Tisha B’Av may receive an aliyah since he hasn’t rejected all the obligations of the day. He is still observing Tisha B’Av.

The Chatam Sofer writes that he consulted with great halachic decisors and they agreed with his reasoning (Responsa Chatam Sofer, Orach Chayim 157).

Share Button

About the Author: Rabbi Cohen, a Jerusalem Prize recipient, is the author of eight sefarim on Jewish law. His latest, “Jewish Prayer the Right Way” (Urim Publications), is available at Amazon.com and select Judaica stores.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

No Responses to “An Aliyah For Someone Who Isn’t Fasting”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
ancient skull discovered Gush Etzion
Hikers Find Human Skull and Bones in Gush Etzion Cave
Latest Judaism Stories
Reiss-041814-King

Amazingly, each and every blade was green and moist as if it was just freshly cut.

PTI-041814

All the commentaries ask why Hashem focuses on the Exodus as opposed to saying, “I am Hashem who created the entire world.”

Leff-041814

Someone who focuses only on the bones of the Torah makes his bones dry and passionless.

The following is President Obama’s statement on Passover (April 14, 2014). As he has in the past, the President held an official Passover Seder at the White House. Michelle and I send our warmest greetings to all those celebrating Passover in the United States, in Israel, and around the world. On Tuesday, just as we […]

The tendency to rely on human beings rather than G-d has been our curse throughout the centuries.

“Who is wise? One who learns from each person” (Pirkei Avot 4:1)

In Judaism, to be without questions is a sign not of faith, but of lack of depth.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

Rashi is bothered by the expression Hashem used: “the Jews need only travel.”

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Two husbands were there to instruct us in Texas hold ‘em – and we needed them.

Question: Why do we start counting sefirat ha’omer in chutz la’aretz on the second night of Pesach when the omer in the times of the Beit Hamikdash was cut on Chol HaMoed?

M. Goldman
(Via E-Mail)

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

She was followed by the shadows of the Six Million, by the ever so subtle awareness of their vanished presence.

More Articles from Rabbi J. Simcha Cohen
Cohen-Rabbi-J-Simcha-NEW

Question: Have any “right wing” gedolei yisrael discussed the positive religious nature of Medinat Yisrael?

Cohen-Rabbi-J-Simcha-NEW

Question: Why do Jews eat fish on Shabbat?

Question: Should a Sefer Torah be covered between aliyot?

Question: In the Amidah, the phrase “Mashiv HaRuach” concludes in some siddurim with the words “umorid ha’geshem” (with a segol under the gimmel) and in other siddurim with the words “umorid ha’gashem” (with a kamatz under the gimmel). What is the practical difference between these two readings?

Question: When performing a mitzvah, what is more important: doing it right away – “zerizim” – or doing it with a large crowd – “berov am”?

Question: When performing a mitzvah, what is more important: doing it right away – “zerizim” – or doing it with a large crowd – “berov am”?

Question: How much time may lapse between Kiddush and the meal?

Question: Do Jews pray for Jewish political independence?

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/an-aliyah-for-someone-who-isnt-fasting/2013/07/04/

Scan this QR code to visit this page online: