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Aliyot After Shiva

Halakhah, Halakhah, Life Cycle, Modern Judaism

by Rabbi Alan J Yuter

Disclaimer: The opinions expressed here are that of the writer and do not necessarily represent the views of the Union for Traditional Judaism, unless otherwise indicated.

An Orthodox shul institutes the practice that a man who finishes shiva is honored with an aliya on the following Shabbat. There does not seem to be a source for this practice. What should be done, and when may a mourner have an aliya to the Torah?

What Jewish law requires is an Oral Torah law to restrict the aliya to the Torah after the first seven days, or shiva. The fact that a post-Talmudic rabbi enacted this restriction for his community binds his community alone. And since Rabina I and Rav Ashi were the last Talmudic legislators, no rabbi after them is authorized to promulgate new laws.

Unless an act is explicitly forbidden, we assume the act is permitted. A stricture has to have a reason. I cannot find a reason for such a custom. Since the Talmud does not forbid the aliya, allowing a fellow who finishes shiva to have an aliya is a legitimate custom as it violates nothing.

When in Mourning, Eruv, and Niddah there are conflicting and irreconcilable opinions, Jewish law prefers leniency. Furthermore, we do not mourn in public on Shabbat. Therefore, I permitted mourners after shiva to be Hazan on Shabbat and suggested that their seat not be changed on Shabbat.

There is a time to mourn and a time to rejoice; there are moments for leniency and times to act with severity.
And these times are defined by Halakhah, not the zeal-driven speculation of intuitive charismatics. Mourning is a time for commemorative reflection, not compulsive, obsessive ritualization. Since Torah is the answer to the grave, holding on to the wood of life, the ets Hayyim, we will merit the perspective, and gift, of eternity.

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