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It has been the occasional practice in one synagogue to honor congregants with aliyot to the Torah without regard to the order of kohen, levi or yisrael. At such times, kohanim and levi ‘im are asked to leave the sanctuary to allow others to receive the aliyot and earn the synagogue a sizable donation for the honor. Can this practice be justified on both halakhic and economic grounds and, if so, what ought the proper procedure be?
The following responsum is reprinted from Tomeikh KaHalakhah volume 2. Tomeikh KaHalakhah is UTJ’s series of volumes of responsa (teshuvot) promulgated by the Union For Traditional Judaism’s Panel of Halakhic Inquiry.
The text below is the result of OCR. Although it has already been reviewed, if you identify any errors, kindly email office@utj.org. A scan of the original teshuvah is available here.
The reason for calling a kohen to the Torah first and a levi second is for the sake of peace, lest quarrels arise among the worshippers regarding who is more worthy to be called before the others (Gillin 59b; Maimonides, Commentary to the Mishnah, Gillin 5:8).
Yet there are congregations which, especially during the high holidays, sell or otherwise award the honor of being called to the Torah first, in disregard of the established order. In some cases the highest bidder may be a kohen or the purchaser may in turn award “his” honor to a kohen present but this is usually not the case. Congregations use this vehicle in order to raise funds for their operation. Actually, this custom is not unknown in Jewish history. Rabbi Isaac ben Moses of Vienna mentions the common practice of auctioning aliyot to the highest bidder in thirteenth century Germany (Or Zarua, vol. 1, p. 41). Rabbi Joseph Colon (Re- sponsaMaHaRIQ, no. 9,FirstPart) mentions two similar fifteenth century customs. The Jews of France and Germany would sell the honors to the Torah on Simhat Torah in order to raise money for the synagogue. And Jews once raised money for lighting the synagogue by selling the honor of being called first to the Torah on ShabbatBereshit. Interestingly, Rabbi Colon adds that should an Israelite purchase the first aliyah, any kohen present “waives his honor” and leaves the synagogue. If he fails to leave the synagogue, the authorities-even non-Jewish authorities- may be summoned to physically remove him.
While the case cited by Rabbi Colon seems like an accepted precedent (see Ba’ er Hetev on Shulhan Arukh, Orah Hayyim 135:5, sub-paragraph 7) to justify the fundraising of some synagogues today, there is an inherent problem in his opinion. As Rabbi Shabbetai HaKohen points out (Orah Hayyim 135:5, sub-para- graph 7) ifthekohen could waive his honor, why should he be forced or even asked to leave the synagogue? Thus, there are other authorities (Rabbi David Halevy, Turei Zahav on Orah Hayyim 135:3, sub-paragraph 3) based on the Geonic tradition who rule that an Israelite-even if learned and noble-may not be called in place of a kohen even if a kohen allows it. (Rav Huna was the notable exception. See Gitlin 59b). They rule that a kohen cannot waive his honor.
However, this can be seen to apply only when the kohanim (and levi’im) are physically present at the time the first portion of the Torah is being read. When they absent themselves from the synagogue before the beginning of the Torah reading, then they are not in violation of the rabbinic protocol which mandates that they be called up first, and they are not being asked to waive their honor. They have so altered the conditions which would make the rule apply to them so as to be exempt from it.
Similarly, kohanim who feel that they themselves do not want to bless the people by performing Birkat Kohanim are not guilty of violating a positive scriptural commandment (Numbers 6:23; Sotak 39b; Maimonidcs, Laws a/Prayer 15:12) if they absent themselves from the synagogue before the reader calls on them to do so (see Jerusalem Talmud, Nazir 6: 1, 56a; Sotah 39b, Tosafot, S.v. kol; M enahot 44a, Tosafot, s. v. kol; Rabbi Jacob ben Asher, Tur, Orah H ayyim 128 and Rabbi Joseph Karo ad locum in the name of Rabbenu Asher and Rabbi Nissim Gerondi). Therefore, if a kohen can avoid an obligation which is scripturally mandated, then, it seems all the more so, he can do likewise to avoid a privilege granted him by the rabbis. A kohen, by his absence, may avoid the privilege but may not waive his honor.
There are, however, several later authorities who rule that a kohen can indeed waive his honor under certain circumstances. Rabbi Moses Sofer (Responsa H atam Sofer, OrahHayyim, no. 24), for example, distinguishes between a kohen waiving his honor for another individual, which is forbidden, and waiving his honor for the benefit of the community as a whole, which is permitted. And Rabbi David Tzvi Hoffman (Melamed L’ ho-il, Part I, Nos. 10 and 12) concludes that a kohen may waive his honor occasionally and recommends a formula to be recited when a replacement is called to the Torah (see also Kaf haHayyim, Orah Hayyim 135).
Nevertheless, under normal circumstances, a synagogue ought to follow the standard practice legislated by the Rabbis and call a kohen to the Torah first, followed by a levi, and then a yisrael. The rationale for this practice, namely, the preservation of peace among congregants who would otherwise quarrel over honors, is as relevant today as it was in the time of the Talmud.
However, for the raising of money for the synagogue (which Rabbi Colon calls a task done for the sake of heaven), a commonplace practice for which we should try to find support (see Jerusalem Talmud, Ma’ aser Sheni 5:3, 56b and parallels), or for occasions when there are many non-kohanim who are obliged to receive an aliyah, there are ample precedents to allow thekohen to waive his honor.
While the procedure advocated by Rabbi Colon should be followed gener- ally, namely, kohanim and/or levi’im who would be overlooked ought to be asked privately to absent themselves prior to the start of the Torah service, public announcements to this effect ought to be avoided since it may seem to make a mockery of the law that mandates that a kohen be called first. Making a mockery of rabbinic law ought to be scrupulously avoided (Eruvin 2Ib). It is preferable to rely on those authorities who permit a kohen to waive his honor and remain rather than make a public request for the kohanim to leave.
Rabbi David Novak for the Panel of Halakhic Inquiry.
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One of the founding members of the UTJ, Rabbi David Novak is recognized scholar in Talmud and theology. He has served on the Panel of Halakhic Inquiry and contributed to the UTJ’s 3-volume Tomeikh K’Hakalakha, a series of questions & answers on topical religious issues.
A disciple of Rabbi Saul Lieberman, Rabbi Novak is the author of many books and scholarly works, including:
Rabbi Novak holds the J. Richard and Dorothy Shiff Chair of Jewish Studies as Professor of Religion and Philosophy at the University of Toronto, where he is a member of University College and the Centre for Jewish Studies. He is also a consulting scholar and a member of the Board of Advisors of the James Madison Program in American Ideals and Institutions at Princeton University.