Question: I am one of the only kohanim in my shul and regularly receive the first aliyah. Recently, I was asked to leave shul so that two people with yartzheit could receive an aliyah. Was this right?
Answer: The Mishna (Gittin 59a) teaches that we give
the first aliyah to the kohen because of darchei shalom, the ways of
peace. Thus, the Shulchan Aruch (OC 135:3) writes that a kohen
receives the first aliya. The Shulchan Aruch Harav (OC 201:3) writes
that this is a mitzva mideoraisa of honouring the kohen. The Gemara (Gittin 59b) concludes that a kohen
cannot concede this honour on Shabbos and Yom Tov when more people attend shul.
Tosafos writes that this only applied in the times of the Gemara when people
were too busy with work to attend shul during the week, but it now applies
equally to Monday and Thursday, too.
The Tur (OC 135:4) writes that there is a machlokes
as to whether a kohen can ever forgo his honour of being called up first
to the Torah. The Levush (OC 135)
and Mishna Berura (135:9; 18
quoting the Pri Megadim) maintain that he cannot.
Nonetheless, the Magen
Avraham (135:7) writes that a shul can insist that the kohen
forgoes the honour when selling aliyos, and the kohen should
leave the shul. R’ Moshe Feinstein (Igros Moshe OC 2:34; 3:20), R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 2:41), R’ Ovadia Yosef (Yabia Omer OC 6:23) and R’
Moshe Sternbuch (Teshuvos Vehanhagos 1:151) write that one may ask the kohen
to leave on Monday and Thursday but not on Shabbos and Yom Tov. They add that
this may be appropriate when there are multiple chiyuvim, e.g. two yisraelim
have yartzheit. R’ Ovadia Yosef adds that unlike a kohen who
cannot duchen, the kohen does not need to leave the room.
The Maharam Schick (OC
60) stresses that this must only be done in extenuating circumstances.
Likewise, the Aruch Hashulchan (OC 135:23) opposes selling the first aliyah (see
Mishne
Halachos 3:13; Shevet Halevi 8:25).
In conclusion, if there are extra chiyuvim in shul during the week, the gabbai can ask the kohen to leave the shul for a minute so that he can call up a Yisrael instead.
