Sunday, 17 July 2022

Not Fasting

Question: After consultation with my Doctor and Rabbi, I will not be fasting on Tisha B'Av or the other Rabbinical fasts. As one of the few kohanim in my Shul, I often get an aliya. Can I receive an aliya?

Answer: The Shulchan Aruch (OC 566:6) writes that the practice is that one who is not fasting should not receive an aliya on Tisha B'Av. The Magen Avraham (566:8) argues that if the taanis falls on a Monday or Thursday, one may be called up during Shacharis, as there would have been leining that day, regardless. Nevertheless, the Mishna Berura (566:19) notes that other acharonim maintain that one who is not fasting should not receive an aliya even on Monday or Thursday.

Following a personal incident when he had to eat, the Chasam Sofer (OC 157) writes that this halacha does not apply on Tisha B’Av. Just as one does not go looking for a kohen who has not eaten bread to lead the bentching, so too we are not obligated to honour a kohen who is not fasting with the first aliya. This does not prevent one who has eaten from receiving an aliya, however. Additionally, the leining on a taanis tzibbur applies to the whole community, regardless as to whether one is fasting or not. Even one who must eat, must still not eat more than necessary, and must observe the other restrictions.

Nonetheless, the Mishna Berura and Aruch Hashulchan (OC 566:11) disagree, writing that aliyos should only be given to those fasting (See Rivevos Ephraim 3:382:2). However, if one did receive an aliya, they should go up, as while this is a minhag, there is no prohibition involved.

In conclusion, one who is not fasting should try not to get called up for an aliya. If he is the only kohen, he should leave the Shul to allow a Yisrael who is fasting to be called up instead.

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