to him that the Shulchan Aruch and many others permit giving a Levi the first aliyah, he refused to do so, and insisted that Yisraelim get all the aliyot. Subsequently, he clarified that if a Levi has a chiyuv or is more learned than everyone else present, he may receive the first aliyah. If a Yisrael is called up in place of a Kohen, then a Levi may not be called immediately after him (OC 135:6; Kaf Hachaim 135:40). However, some say he may get the fourth or even the third aliyah (Yabia Omer 6; OC 24). If a Levi is called up instead of a Kohen, the gabbai should say “Af al pi shehu Levi” (Yabia Omer 6:24). Rabbi Yosef Dov Soloveitchik, a Levi, would often refuse the first aliyah when there was no Kohen present, despite being the greatest talmid chacham present (Rabbi Hershel Schachter, Nefesh HaRav [1994], 130; Rabbi Aharon Ziegler, “Halakhic Positions of Rabbi Joseph Ber Soloveitchik,” Jewish Press, April 7, 2000). He felt that it was improper to ignore the opinion of Rashi that once the “bundle is separated,” the Levi should not receive the first aliyah. The Levi’s honor derives solely from his service to the Kohen. Thus, in the absence of a Kohen, he lacks special standing. Unfortunately, while the halachic authorities clarified who should receive the first two aliyot, they did not resolve how to handle subsequent aliyot, which can lead to disputes (AH, OC 136:2). There are various categories of individuals who are regarded as “chiyuvim,” i.e., those obligated to receive an aliyah, such as grooms, new fathers, bar mitzvah boys and those observing yahrtzeits. Local custom dictates which chiyuvim take precedence (e.g., MA 282; Biur Halachah 136; AH, OC 136:3; Ben Ish Chai, Year 2, Toldot: 7 and Sefer Hagabai, ch. 22, p. 173-176). The Rambam (Letters [5732 ed.], p. 150) describes what he calls “an almost inescapable disease of the soul” in which people have an inflated self-image, which can lead to conflict. By determining the order of the aliyot, Chazal strove to preserve harmony and avoid machloket, since no aliyah is worth fighting over and “deracheha darchei noam v’chol netivoteha shalom, Her
[the Torah] ways are ways of pleasantness, and all her paths are peace” (Mishlei 3:17).22 g Notes 1. The establishment of these readings is attributed to both Moshe and Ezra (Bava Kama 82a; Yerushalmi Megillah 4:1; Rambam’s Hilchot Tefillah 12:1; AH, OC 135:1; MA, OC 135: introduction). 2. On days with a Haftarah and four or fewer aliyot, the last oleh reads the Haftarah. On days with five or more, an additional person is called up for the “extra” Maftir aliyah and he reads the Haftarah. Thus on Shabbat there is really a minimum of eight people receiving aliyot. 3. The mishnah (Megillah 4:2) implies that aliyot may be added on yom tov and Yom Kippur, and that is how the Rambam (Hilchot Tefillah 12:16) and the Tur (OC 282, see Beit Yosef 282, s.v. “u’motzi’in”) rule. 4. Be’er Haiteiv 282:3; MB 282:5. 5. The Mishnah Berurah (135:37) cites an opinion that one can repeat the sequence, i.e., Kohen, Levi, Yisrael and then again Kohen, Levi, Yisrael. 6. See Rav Efrayim Fischel Weinberger, Yad Efrayim (Tel Aviv, 5736), 17:19, p. 176 for a summary and sources. 7. SA, OC 128:40-41; MA128:57; Iggerot Moshe, OC 2:33. 8. Former Chief Rabbi Yona Metzger (Miyam Hahalachah 2:49) cites the Shvut Yaakov 2:2 on this topic. In that responsum, Rav Yaakov Reischer (eighteenth century) discusses whether to give the first aliyah to a Kohen whose son has apostatized and rules that the father is not held responsible for his son’s actions. He says nothing about a Kohen doctor. 9. The Melamed L’ho’il (Rabbi David Zvi Hoffman, d. 1921, 1:31) writes that if after being informed of his error the Kohen does not repent, he should not be given the first aliyah. Rav Avraham Yitzchak HaCohen Kook (Shu”t Orach Mishpat, #29, cited in Sefer Hagabai, p. 182, n. 10) says that if he is otherwise religiously observant he should be judged favorably and leniently based on minority opinions. But he should be told to be careful about corpse tumah in the future. 10. See Minchat Chinuch #269; Aruch Hashulchan 128:72 and Avnei Chaifetz by Rabbi Aaron Lewin, p. 71. 11. In a responsum, the Rambam (no. 135; Blau ed. 1986 [vol. 1, p. 255], was critical of talmidei chachamim who permitted someone of lesser stature to receive an aliyah instead of them. A similar position is stated in Shu”t Rivash 204. 12. See Shu”t Ketav Sofer 36 about a Kohen forgoing his honor for the sake of the congregation.
13. The non-Kohen must receive explicit permission from the Kohen; it is not enough to say by rote “b’reshut . . .” (MA 167:33). Other factors may also play a role in who leads bentching. Kaf Hachaim suggests (184:42) that it is preferable that the person have a pleasant voice, and the Magen Avraham (193:104) suggests that he have a loud voice. 14. Although note that a resident with a chiyuv takes precedence over a guest (see Biur Halachah, OC 136). Regarding a Kohen forgoing the first aliyah on a Monday or Thursday in favor of a ba’al simchah, see Iggerot Moshe 2:34 and Yabia Omer 6:23:3. 15. Note that Shoel U’Maishiv (Mahadura Shtita’a 26) thinks that this arrangement is not ideal and that in the absence of a Levi it is preferable to give two Yisraelim the aliyot. On whether to actually do this, see Iggerot Moshe, OC 3:20. 16. Sefer Hachinuch 269 implies that it is because of the mitzvah to honor a Kohen that the Levi gets the second aliyah, and if there is no Kohen, then the order is no longer relevant. 17. While this position is held by many, some suggest that the Shulchan Aruch does not agree with this but is simply saying there is no preference. 18. The Aruch Hashulchan understands the Rema as agreeing with this third explanation. 19. Rav D.A. Spektor, Sefer Hagabai (Kiryat Arba, 2005), 166, n. 10. 20. Some authorities maintain that in the absence of a Kohen, a Levi is given priority over a Yisrael in other areas where a Kohen is honored, such as leading bentching (Yerushalmi, Gittin 5:9 based on Devarim 31:9; MB 201:13; Kaf Hachaim 167:101; cf. Tur, OC 201). The MA (201:4), following a long discussion illustrating that a Levi gets priority in leading bentching, notes that the introduction to bentching commonly used in his community (seventeenth-century Poland) included the following phrase: “B’reshut haKohanim vehaLeviim.” Rav Ovadia Yosef, in introductory comments to a recent edition of Neveh Shalom (par. 5), cites the Zohar as saying that even nowadays a Levi has more kedushah than a Yisrael. The dominant view, however, seems to be that a Levi does not have a special status independent of the Kohen and, as such, is not given priority to lead bentching (AH 201:4; Ben Ish Chai, Korach:14). 21. Minhagim D’kehillah Kedoshah Vermiza l’Rav Yuzpe Shemesh, with additions by Rav Yair Chaim Bacharach, Hamburger and Zimmer ed. (Jerusalem, 5748), 41-42. 22. See MB 53:65 that one should not fight over any mitzvah.
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