The Shulhan Aruch (Orah Haim 146, and again in 285) writes that it is permissible, strictly speaking, to read "Shenayim Mikra Ve’ehad Targum" during the Torah reading. This refers to the obligation to read the weekly Parsha twice and its translation once. Although Halacha generally forbids speaking or learning during the Torah reading, one is permitted to read "Shenayim Mikra" during the Torah reading, since it is relevant to the reading. Nevertheless, the Shulhan Aruch adds (in Siman 146) that it is preferable only to read along with the reader to complete one of the two readings of "Shenayim Mikra," rather than read the Parsha twice and the translation during the congregational reading. Accordingly, Hacham Ovadia Yosef (in Yehaveh Da’at) and Hacham Bension Abba Shaul (in Or Le’sion, vol. 2) write that one should not read "Shenayim Mikra Ve’ehad Targum" during the Torah reading, but one may read along with the reader to fulfill one required reading, and conduct the other readings at some other point. The most preferred way to fulfill this obligation, as Hacham Ovadia writes in his Halichot Olam, is to read each verse twice followed by its translation. If time is short, one may read once along with the reader, and then read the Parsha again followed by the translation, as discussed.Preferably, one should complete the reading of "Shenayim Mikra Ve’ehad Targum" before he prays Minha on Shabbat afternoon. If one did not complete the reading by that time, then he can complete it until the reading of Parashat Bereshit on Simhat Torah.Although there are some opinions that one should not study Targum (the translation of the Torah) at night, Hacham Ovadia rules that one is allowed to read "Shenayim Mikra Ve’ehad Targum" at night.Rav Haim Palachi (Turkey, 1788-1869) warns that one should not read "Shenayim Mikra Ve’ehad Targum" as though it is a heavy burden of which he seeks to relieve himself. Rather, one should read the material slowly and carefully, in an attempt to enhance his understanding of the Torah text.If a teacher teaches the weekly Torah portion in school, and during the course of his work he reads the Parasha twice, this suffices for the two readings required for "Shenayim Mikra Ve’ehad Targum," and he must then read only the Targum to fulfill his obligation.The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Lech-Lecha, writes that it is preferable to read "Shenayim Mikra Ve’ehad Targum" on Friday, as this is part of one’s preparations for Shabbat. Nevertheless, as Hacham Ovadia notes, one who does not have time to do the entire "Shenayim Mikra Ve’ehad Targum" reading on Friday may do so earlier in the week. The Ben Ish Hai also writes that it is preferable to conduct the entire "Shenayim Mikra Ve’ehad Targum" reading all at once, in a single sitting, without any interruption. Nevertheless, one may get a drink and recite "She’hakol" during the reading if he feels thirsty. Likewise, if a Rabbi is reading "Shenayim Mikra Ve’ehad Targum" and he is approached with a Halachic question, or is asked to deliver a class, he may certainly interrupt his reading. Otherwise, however, it is preferable to conduct the entire reading without any interruptions. The Kaf Ha’hayim (Rav Yaakob Haim Sofer, Baghdad-Israel, 1867-1939) writes that we create angels by reading "Shenayim Mikra Ve’ehad Targum," and by interrupting in the middle of the reading, we cause these angels to be blemished.Reading "Shenayim Mikra Ve’ehad Targum" is a "Segula" for long life. However, as with all Misvot, we should perform this Misva in order to fulfill G-d’s will, and to learn and acquire Torah knowledge, and not for the rewards.The Ben Ish Hai writes that it customary to read the final verse of the Parasha an additional two times after completing "Shenayim Mikra Ve’ehad Targum." Some also have the custom of reciting "Mizmor Shir Le’yom Ha’Shabbat" and "Hacham Malach" after the reading.The Rama (Rav Moshe Isserles of Cracow, 1525-1572) writes that it is customary to also read each week’s Haftara. Unlike the Parasha, however, the Haftara is read only once, and not twice, and not with the Targum. In a week before a Shabbat when a special Maftir and Haftara are read, such as Shabbat Rosh Hodesh, Parashat Shekalim and Parashat Zachor, one does not have to read the Maftir for "Shenayim Mikra Ve’ehad Targum," since those Pesukim are read on the week of the Parasha in which they appear. However, the Ben Ish Hai writes that in such a week one should read the Haftara of that week’s Parasha, even though that Haftara will not be read in the synagogue.The Ben Ish Hai writes that one should read "Shenayim Mikra Ve’ehad Targum" for Parashat Vezot Ha’beracha on Hoshana Rabba.

Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

Reading "Shenayim Mikra Ve'ehad Targum"

The Shulchan Aruch, amidst his discussion of the laws of proper etiquette at a meal, writes (Orach Chayim 170:6) that one should not be "Kapdan" – angry, nervous or uptight – during a meal. The Kaf Ha'chayim (by Rabbi Yaakov Chayim Sofer, 1870-1939), commenting on this Halacha (170:29), offers two reasons why anger must be avoided during a meal. Firstly, if a person comes to a meal with an attitude of anger or anxiety, his family members will likely be reluctant to share some of the food with the needy. If a person in need comes to the house during the meal to ask for some food, the family members might feel inhibited from sharing their food with him if they see the head of the household in a state of anger. Secondly, guests and family members may not eat heartily if they see the head of the household upset. Anger and anxiety on his part causes them to feel uneasy, and they might refrain from eating out of concern not to cause him further aggravation.The Kaf Ha'chayim adds that although the Shulchan Aruch here addresses specifically the context of a meal, in truth, one must endeavor to avoid anger in all areas of life, and not merely at mealtime. The Gemara comments in Masechet Pesachim (66; listen to audio for precise citation) that if a Torah scholar becomes angry, he loses his knowledge. And the Zohar, as cited by the Kaf Ha'chayim, comments that whereas other sins adversely affect different parts of a person's body, anger has a harmful effect upon a person's soul. The "Maggid," the angel that would appear to Rabbi Yosef Karo (author of the Shulchan Aruch) and study Torah with him, instructed him (listen to audio for precise citation) never to react angrily over anything, including matters of religion that are of sublime importance. Indeed, it is told that the Arizal (famed Kabbalist, Israel, 1534-1572) was particularly careful to avoid anger, even more so than regarding other sins.Thus, one must ensure to avoid anger not only during mealtime, but also in all venues of life, given the particularly destructive effects of anger upon other people and upon oneself.

The Importance of Avoiding Anger

The Shulchan Aruch writes (134:2; listen to audio for precise citation) that the person who removes the Torah scroll from the Heichal for the reading must show the writing of the Torah to everybody in the synagogue, including the women. Upon seeing the writing of the Torah, the congregation must slightly bow and recite the verse, "Ve'zot Ha'Torah Asher Sam Moshe Lifnei Benei Yisrael." The Arizal (famed Kabbalist, Israel, 1534-1572) held, based on Kabbalah, that one should come close enough to the Torah to be able to read the actual letters, for then the spiritual light of the letters will surround and influence a person. Therefore, the person removing the Torah from the Heichal must ensure to bring the Torah near the ladies' section in the synagogue so that they, too, can see the writing of the Torah scroll.Sephardic custom allows women to attend the synagogue services and look upon the Torah scroll even during their state of Tum'a (ritual impurity, such as during the period of Nida). Although many Ashkenazim are stringent in this regard, according to Sephardic custom women may attend services and look at the Torah regardless of their current status with regard to Tum'a.Women do not, however, bear an obligation to hear the Torah reading. Therefore, if a woman arrives in the synagogue as the Torah is taken from the Heichal, after she looks at the Torah she may recite Shacharit, even as the Torah is read. (This would be forbidden for a man.) In fact, if she wishes she may leave the synagogue during the reading in order to pray Shacharit in the hallway. It is forbidden for both men and women to speak during the Torah reading in the synagogue. Therefore, the Be'er Moshe (work of responsa by Rabbi Moshe Stern of Debereczyn) ruled that if a woman finds it difficult to refrain from talking during Torah reading, it is preferable that she leave and not hear the reading at all, since, as mentioned, women are not required to hear the reading.Summary: It is a Mitzva for both men and women to look at the Torah scroll when it is taken from the Heichal for the reading. Women are exempt, however, from listening to the reading. Therefore, a woman may leave during the reading to pray Shacharit, and if she finds it difficult to remain silent during the reading, it is preferable that she leave the sanctuary.

A Woman's Obligations When the Torah is Removed From the Heichal and During Torah Reading

Many parents bring their young children to the synagogue, and often, young girls sit with their father in the men’s section, or walk in and out during the prayer service. There are many parents who do not enforce upon their young daughters the accepted standards of Seniut (modesty), and the question thus arises as to whether men may pray in the presence of these young girls. Is it forbidden to pray in the presence of young girls who are not dressed according to accepted standards of Seniut, or is this permissible in light of the girls’ young age?Hacham Ovadia Yosef addresses this question in a lengthy responsa in his work Yabia Omer (vol. 6, Orah Haim 14; listen to audio recording for precise citation). After citing and discussing the different opinions on the subject, the Hacham concludes that one may rely on the lenient view among the authorities and recite Shema, Amida, and the other prayers in the presence of young girls, even if they are not dressed according to proper standards of Seniut. He adds, however, that it is admirable to satisfy the stringent opinion by closing one’s eyes or turning his eyes away as he prays. Thus, although young girls who come to the synagogue should certainly be dressed properly, if a girl who is not dressed according to proper standards is sitting next to her father, the men may continue praying, and if they want to follow the stringent view they should ensure not to look at her as they pray.It must be emphasized that this discussion relates only to young girls. Once a girl reaches the age of 12, she is considered an adult woman and may not enter the men’s section of the synagogue during prayer services.Of course, all this assumes that the child sits quietly during the prayer service. The Shela Ha’kadosh (Rav Yeshaya Halevi Horowitz, 1558-1630) writes in Masechet Tamid (Perek Ner Misva; listen to audio recording for precise citation) that one who brings very young children to the synagogue "loses more than he gains." He adds that one who brings a young child to the synagogue must supervise the child and ensure that he stays in one place and does not run around the synagogue. There is no educational value whatsoever in bringing children to the synagogue if they run around, and a parent who brings a child to the synagogue must take responsibility to monitor the child and ensure that he acts in a manner that is appropriate for the synagogue.Summary: No child should be brought to the synagogue unless he sits quietly and respectfully. Girls who have reached the age of twelve may not enter the men’s section of the synagogue during services. Young girls may sit with their fathers, and of course, they should be dressed respectfully. If a young girl who is not dressed modestly is in the men’s section, the men are nevertheless allowed to pray in their presence.

Bringing Young Girls to the Synagogue

Most of the halachic discussion regarding the obligation of married women to cover their hair has focused on the proper types of coverings to fulfil the Misva. However, there has even been some discussion whether the obligation is applicable at all nowadays. Hacham Shalom Masas, the late Chief Rabbi of Yerushalayim, originally from Casablanca, presents a detailed series of Teshuvot (responsa) in his Tevuot Shemesh (Even HaEzer, 137-139). It is highly recommend reading these Teshuvot and enjoying the various opinions he brings. He opens Teshuva 138 by outlining the extreme opinions, at opposite poles: Those who hold that the Halacha is not applicable nowadays, and on the other hand, the opinion of Hacham Ovadia and others that even covering with a wig is not sufficient. The Hod Yosef, Hacham Yosef Masas, attempted to marshal proofs from early sources that this Halacha is no longer applicable. Hacham Masas methodically goes through the proofs and refutes each one. His overwhelming conclusion is that the broad consensus of all the Poskim is that the prohibition remains intact.One of the arguments of the Hod Yosef questions how can a Torah prohibition be derived from the Pasuk regarding a Sotah that states the Kohen uncovers her hair, implying that, in general, a married woman’s hair must be covered. He brings the Gemara in Masechet Shabuot (35a) that establishes that a Torah prohibition cannot be derived from an implication of the text, but only from a direct statement.Hacham Shalom categorically refutes this argument. He demonstrates that the Gemara only means that a bona-fide Misvat Lo Ta’aseh or Misvat Aseh (negative or positive commandment) cannot be derived from an implication. However, many times, a Torah prohibition is learnt from an implication. For example, "Hasi Shiur Asur Min HaTorah"-the Torah prohibition of eating less than a Kezayit (olive bulk) of a forbidden food is derived from an implication. While it is not subsumed in the negative commandment, it remains a Torah prohibition. Therefore, while there is no official Misvat Aseh or Lo Ta’aseh regarding covering hair, there is still a Torah prohibition. Hacham Shalom cites this as the opinion of Hacham Ovadia in Yabia Omer (Even HaEzer 4:3). Another argument of the Hod Yosef is based on the Talmudic principle that if the reason behind a Gezerah (Rabbinic decree) no longer applies, the Gezerah is annulled. He cites an example of the Gezerah not to drink from "Mayim Megulim"-water left out uncovered overnight, out of concern that a snake may have secreted venom into the water. Many Poskim say that nowadays snakes are not common, and therefore the Gezerah is annulled. The Hod Yosef wanted to extrapolate from this that since the norm today is not for women to cover their hair, not covering the hair is no longer a breach of modesty and there is no longer a prohibition.Hacham Shalom vehemently opposes this reasoning and makes the sharp distinction between a Gezerah D’Rabanan, which is inherently based on a specific rationale and a Misva of the Torah, which is the infinite wisdom of the Creator and is not subject to change. These are two arguments of the Hod Yosef. It is important to realize that the opinion of the Hod Yosef is considered a lone opinion, and his arguments have been refuted. The overwhelming majority of Poskim hold that married women are obligated to cover their hair, and the Halachic discussion focusses on how to best fulfil the obligation.SUMMARYA married woman is obligated to cover her hair.

Must a Married Woman Cover Her Hair?

The Navi (Prophet) warns regarding speech on Shabbat: "V'Daber Dabar"-(From speaking talk). The Hachamim derive from this phrase that one's speech on Shabbat should be different than his speech during the week. Rambam understands this to mean that it is prohibited to speak on Shabbat about activates which would be forbidden to perform on Shabbat-whether by Torah or Rabbinic law. For example, one may not say, "Tomorrow, I am driving to New Jersey," or "Tomorrow I am flying to Miami." Since those activities cannot be performed on Shabbat, it is also prohibited from saying it. However, Tosafot have a different understanding of this issue. They learn that not only is it prohibited to speak about prohibited activities, but it is even prohibited to talk excessively about any mundane topic, such as news, politics etc. They cite an incident in the Midrash, in which Rabbi Shimon rebuked his grandmother for talking too much on Shabbat about any subject. The Talmud Yerushalmi records that the Hachamim barely permitted saying Shalom on Shabbat. Of course, there is no issue with talking words of Torah, Tefila and Musar.Interestingly, Shulhan Aruch (307:1) records both the opinion of the Rambam and the Tosafot. It is important to know that the Aruch Hashulhan (Rav Yechiel Michel Epstein of Nevarduk, 1829-1908) understand the opinion of Tosafot, who hold that any excess speech is problematic, as a preference and not as actual law. He proves this from the comment of the Rema who adds that if a person derives enjoyment from talking about permitted topics, he may do so. Clearly, if the issue was a bona fide prohibition, enjoyment would not be a factor to permit it. The fact that someone may enjoy turning on lights does not justify violating the Shabbat. Thus, even though the Halacha says that one should curtail his speech on Shabbat, it is regarded as Midat Hasidut-the behavior of the righteous.The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) cites a custom of certain Sadikim to speak only in Lashon HaKodesh-Hebrew- on Shabbat. Doing so enabled them to avoid idle speech. Other Sadikim would engage in a Ta'anit Dibur-a day of silence-every Shabbat. While this may seem extreme for most people, these practices underscore the lofty nature of Shabbat. It is not just a day for rest and relaxation. One should focus on the Shechina and the pursuit of holiness. For most people, refraining from speaking during the Torah reading is a challenge, but for the Sadikim, the entire day of Shabbat was like one long Torah reading, and hence they refrained from speaking.SUMMARYIt is a bona fide prohibition on to speak on Shabbat about activities which are prohibited to perform on Shabbat. It is preferable to refrain, in general, from speaking about mundane matters on Shabbat, unless he derives special benefit from doing so. 

May One Talk About Mundane Matters on Shabbat?

The Halacha requires washing Mayim Aharonim at the conclusion of the meal, before Birkat Hamazon. The question was asked whether one may use moist towelettes, which are commonly distributed at the end of a meal in restaurants, for this obligation. This question can be answered only after reviewing the four reasons given for this obligation. According to the reason that it is to clean the hands for Birkat Hamazon, the towelette should be permitted. With regard to cleanliness, there is no difference whether one uses a traditional vessel with water or the towelette. Another reason for Mayim Aharonim was to remove traces of a certain salt called "Melech Sedomit", which was once common in the bread. If it would remain on the fingers, it was liable to be rubbed on the eyes and, Heaven forbid, cause blindness. If that is the reason, the towelette should be sufficient. There is yet another explanation, based on the Gemara in Masechet Yoma, that relates the story of someone who was once killed because he didn't do Mayim Aharonim and traces of food remained on his face. Again, if this is the reason, towelette can also effectively wipe the face. However, there is a fourth reason for Mayim Aharonim, based on the Kabbalah, brought by Rav Haim Vital (1543-1620, Tsfat-Damascus) in the Sha'ar Ha'Kavanot. He writes that after a person eats, the Sitra Achra (the Satan) wants to prosecute the diner and claim that he doesn't deserve to eat because of his sins. This would cause the Heavenly court to open his books and investigate his merit. To avoid this, one must give a "bribe" to the Satan in the form of water with the residue of food from the fingertips. That is his portion and causes him to remain quiet. According to that reason, it is questionable whether the moisture in the towelette is sufficient. It could be argued that it is enough, since anyway, all the Poskim say that one should only use a small amount of water for Mayim Aharonim. Apparently a minute amount is sufficient. The fact that the moisture in the towelette is not water, but a chemical, is not a problem. Mayim Aharonim nay be performed with any liquid, including saliva, soda or juice. Rabbi Gidon, in his new Sefer, Yoru Mishpatecha (Siman 20) discusses this question. He rules that ideally, if one has water, he should wash in the regular manner, since the Kaf Ha'Haim (Rav Yaakob Haim Sofer, Baghdad-Israel, 1870-1939) specifically formulated the Halacha that one should "pour" water over his hands. However, if he is travelling and does not have easy access to water, e.g. he is eating while driving in a car, he may use the towelette. This may also be considered "pouring". The Kaf Ha'Haim was only coming to exclude immersing one's hands in the water. However, it is problematic to use them on Shabbat, if he squeezes them. In any event, one should never be lenient and omit Mayim Aharonim, as the Poskim are very strict in this matter. SUMMARYIf one does not have access to water, he may use moist towelettes for Mayim Aharonim.

May one use Moist Towelettes for Mayim Aharonim?

What is the proper procedure for Birkat Kohanim (the priestly blessing) if the congregation consists entirely of Kohanim? Do all the worshippers ascend to recite the Beracha, or do only some of them recite the Beracha?The Halacha in this case depends on how many people are present in the synagogue. If the Minyan is comprised of only ten Kohanim and nobody else, then they all ascend for the recitation of Birkat Kohanim. Women and children present at the synagogue would answer "Amen" to the Beracha. If there are no women and children in the synagogue, then of course nobody would answer "Amen," but this does not undermine the validity of the Birkat Kohanim.This situation, of course, gives rise to the interesting question of whom they are blessing, since nobody is present in the synagogue to receive their blessing. The answer is that they bless all other Jews, who are not in attendance in the synagogue. The Kohanim customarily wave their hands side to side at certain points during the recitation of Birkat Kohanim, in effect bestowing the blessing to those beyond the synagogue walls.If more than ten Kohanim are present (but no non-Kohanim are present), then all the Kohanim go up except 10, to maintain a Minyan.In all cases, the Chazan (even though he is a Kohen) does not participate in Birkat Kohanim, and instead remains in his place and dictates the Beracha to the other Kohanim.Summary: If a Minyan consists of only ten people, all of whom are Kohanim, they all recite Birkat Kohanim, except for the Chazan, who stays in his place and dictates the Beracha to the others. If the Minyan consists of more than ten Kohanim but nobody else, all the Kohanim go up, so long as at least 10 stay down.

How To Do Birkat Kohanim When There Are Only Kohanim Present In Shul

A mourner who is observing Shib’a should not be called for an Aliya to the Torah, since it is forbidden for mourners to study Torah. An interesting question arises in a case where a mourner who is a Kohen does not have a Minyan in his home, and prays in the synagogue, instead, where no other Kohanim are in attendance. Normally, if there is a Kohen present, he must be given the first Aliya to the Torah, as otherwise people might question whether he is in fact a legitimate Kohen. In light of this Halacha, should we perhaps allow a mourner to receive the first Aliya if he is the only Kohen, in the interest of protecting his reputation?The answer is that even in such a case, the mourner should not receive an Aliya, and he does not need to be asked to leave, either. It can be assumed that the people in the congregation realize that this Kohen is in mourning and is therefore unable to receive an Aliya, and therefore, nobody will question his status as a valid Kohen. This case resembles a case where the only Kohen in the synagogue is in the middle of Shema or the Amida prayer when the Torah reading begins. Since he cannot be called for the first Aliya – as waiting for him to finish his prayer would inconvenience the congregation – and it is clear to everyone present that he cannot receive the Aliya because he is praying, and not because he is not a valid Kohen, he does not receive the Aliya. Likewise, if the only Kohen in the synagogue is a mourner, he does not receive an Aliya, because everybody knows the reason why he cannot be called to the Torah.The exception to this rule is Shabbat, when a Kohen who is a mourner should be called for the first Aliya if no other Kohanim are present. Public displays of mourning are forbidden on Shabbat, and if the only Kohen in the synagogue does not receive an Aliya because he is in mourning, or if he is asked to leave so a Yisrael can be called, this would publicly display his status as a mourner. Therefore, if it happened on Shabbat that the only Kohen in the synagogue is a mourner, he should receive the first Aliya. This is the ruling of Hacham David Yosef, in his Halacha Berura.Summary: If the only Kohen in the synagogue is a mourner observing Shib’a, the first Aliya is given to a Yisrael, unless this occurred on Shabbat, in which case the mourner should receive the first Aliya.

Should a Mourner be Called for an Aliya if He is the Only Kohen in Attendance?

If a non-Jew is present in the synagogue, such as if maintenance workers come during Shaharit to make repairs, or the custodian comes in to take a chair, may Birkat Kohanim be recited, or must the Kohanim wait until the non-Jew leaves?The Poskim address this question in the context of the Shulhan Aruch’s ruling (Orah Haim 55) regarding a case where people hear Kaddish or Kedusha, or a Beracha, but there is a non-Jew situated in between them and the Hazan. The Shulhan Aruch rules in such a case that those who hear the recitation cannot respond, as the non-Jew constitutes an "interruption" between them and the one who recited the Beracha. One might, initially, conclude on this basis that the presence of a non-Jew "interrupts" the Kohanim’s blessing, and thus the blessing should not be recited while the non-Jew is in the synagogue. In truth, however, this is incorrect. The Hida (Rav Haim Yosef David Azulai, 1724-1806), in Yosef Ometz (70), writes that the Shulhan Aruch speaks only of a case where the Beracha is recited in one room, and people hear the recitation in a different room. In such a case, the people in the different room cannot respond unless there is no separation between them and the person who recited the Beracha. But if everyone is in the same room, the presence of a gentile does not constitute any sort of interruption. As such, it is entirely permissible for Birkat Kohanim to be recited when a gentile is present. This ruling appears in the work Orech Yamim (p. 326; listen to audio recording for precise citation).Summary: If a non-Jew enters or is present in the synagogue during Birkat Kohanim, the Kohanim may recite the blessing as usual, and they do not have to wait until the non-Jew leaves.

May Birkat Kohanim be Recited if a Non-Jew is Present

The Shulhan Aruch (Orah Haim 135:7; listen to audio recording for precise citation) addresses a case where a Kohen, after completing the first Aliya, was called for the second Aliya, as the Mesader assumed there was no Levi in the synagogue. Just as the Kohen began, the Mesader was notified that there was, in fact, a Levi in attendance. The Shulhan Aruch rules that if the Kohen had already begun reciting the Beracha, then he continues and finishes the Aliya. If, however, the Mesader realized his mistake before the Kohen began reciting the Beracha, such as if he had only recited, "Rabanan Barechu Et Hashem," then the Levi is called in place of the Kohen.The Shulhan Aruch then writes if there indeed is no Levi in the synagogue, then the Kohen who received the first Aliya is called for the second Aliya, in place of a Levi. The reason for this Halacha, as the Shulhan Aruch explains, is that if a different Kohen is called, people might conclude that the first Kohen is not truly a Kohen. In order to avoid such suspicions, the Kohen who received the first Aliya receives the second Aliya when no Levi is present.Different customs exist regarding the issue of calling Kohanim for Aliyot after the third Aliya. Many Ashkenazim have the practice of never giving Kohanim and Leviyim Aliyot beyond the first two Aliyot. According to this custom, all Aliyot after the first two Aliyot are given to Yisraelim. Others allow calling up Kohanim and Leviyim beyond the third Aliya, but only in the sequence of Kohen, Levi, Yisrael. Sepharadim, however, allow calling up Kohanim and Leviyim for the later Aliyot, provided that two Kohanim or two Leviyim do not receive successive Aliyot. Meaning, if a Kohen receives the fourth Aliya, another Kohen may not receive the fifth. A Yisrael should receive the fifth Aliya, and then a Kohen can be called for the sixth. The same applies to Leviyim.There are, however, situations when Sephardic practice allows two Kohanim or Leviyim to receive successive Aliyot. For instance, two Kohanim can receive the Aliyot of "Mashlim" (the final Aliya before Kaddish) and "Maftir." Since Kaddish is recited in between these Aliyot, they may both be given to Kohanim or to Leviyim. This is a practical solution in situations where two Kohanim in the congregation have a Yartzheit on the same Shabbat – one can receive "Mashlim," and the other "Maftir." Another situation where Kohanim or Leviyim can receive successive Aliyot is when the Aliyot are read from different Sifreh Torah. Even if Kaddish is not recited in between the two Aliyot, they may nevertheless be given to Kohanim or Leviyim. On Simhat Torah, for example, we read from three Sifreh Torah, and thus three Kohanim or three Leviyim may be given the final three Aliyot. This applies as well when Rosh Hodesh Tevet – which is during Hanukah – falls on Shabbat, and thus three Sifreh Torah are read. The congregation may call a Kohen for the final Aliya in the weekly Torah portion, another Kohen for the Rosh Hodesh reading, and another Kohen for the Maftir reading, since all these are read from different Sifreh Torah. Hacham Ovadia Yosef, in Kol Sinai, cites an extension of this Halacha from Rav Haim Palachi (Izmir, Turkey, 1788-1869). Many congregations have the custom of selling the third Aliya during Minha on Yom Kippur, which is the Aliya of Yona and considered a great honor. Hacham Ovadia ruled that a Kohen who purchases this Aliya may be called, even though it is the third Aliya, which ordinarily must be given to a Yisrael. The reason, he explains, is that this Aliya is a "Maftir," and not an ordinary third Aliya. Moreover, the reason why a Kohen ordinarily may not receive the third Aliya is because people might suspect that he is not really a Kohen. In a case where a Kohen pledged a large sum of money to purchase the privilege of receiving the Aliya of Yona, it is clear that he is receiving this Aliya as a privilege, and not because he is not really a Kohen. Since there is no reason for concern that people will doubt the Kohen’s status, he may receive this Aliya. For the same reason, this Aliya may be given to a distinguished Torah scholar who is a Kohen, as it is clear that he receives the Aliya due to his stature of distinction, and not because he is a Yisrael.Hacham Ovadia expressed opposition to the practice of some congregations to ask the Kohanim to leave the synagogue when they want to give all three Aliyot (on a weekday, for example) to a Yisrael. Sometimes there are three Yisraelim at a Minyan who need Aliyot, and so the Kohanim are asked to leave in order to make all three Aliyot available for Yisraelim. Hacham Ovadia discouraged this practice, as it infringes upon the honor due to the Kohanim. He notes that this practice was accepted in one particular instance, as documented by the Maharik (Rav Yosef Kolon, 15th century). There was a custom among some communities to sell the first Aliya on Shabbat Parashat Bereshit to the one who pledged to supply all the oil for the synagogue throughout the coming year, which involved a great deal of money. These communities would then ask the Kohanim to leave so that the person who made the pledge could receive the first Aliya. The Kohanim agreed to leave, and this custom was accepted for the sake of honoring the Torah and securing vital funds for the synagogues. Hacham Ovadia maintains that we cannot extend this custom, which was a well-established tradition at one time among certain communities, to allow asking Kohanim to leave whenever a congregation feels it wants to make all three Aliyot available for Yisraelim. Since we have no such established custom, we should not utilize this "solution" when we want to give three Aliyot to Yisraelim.Summary: If no Levi is present in the synagogue, the second Aliya is given to the Kohen who received the first Aliya. If he was mistakenly called for the second Aliya when a Levi was present, the Levi is called in his place, unless the Kohen had already begun reciting the Beracha. Sephardic practice allows giving Kohanim and Leviyim Aliyot after the third Aliya, as long as two Kohanim or two Leviyim do not receive successive Aliyot. Kohanim or Leviyim may receive successive Aliyot only if the Aliyot are separated by a Kaddish or are read from different Sifreh Torah. A Kohen may be called for the third Aliya at Minha on Yom Kippur. It is improper to ask the Kohanim to leave the synagogue to make all three Aliyot available for Yisraelim. 

If a Kohen Was Mistakenly Called for the Second Aliya; Calling Kohanim for Later Aliyot

Generally speaking, Halacha forbids calling two Kohanim to the Torah for Aliyot ("Kohen Ahar Kohen"). After a Kohen has been called for the first Aliya, another Kohen should not be called, as this would give the impression that the first was not a valid Kohen. In order to avoid rumors about the first Kohen’s status, a synagogue should not call a second Kohen to the Torah.However, if there are only Kohanim present in a Minyan, then, as the Shulhan Aruch rules, three Kohanim are called to the Torah. In such a case, it is obvious to all that additional Kohanim are called because there are no non-Kohanim, and not because of any question surrounding the status of the first Kohen. The Shulhan Aruch adds that if the Minyan consists of nine Kohanim and one Yisrael, then the Yisrael should be called to the Torah for the first Aliya, out of concern for "Darcheh Shalom" (peaceful relations among the congregants). The Mishna Berura (commentary by Rav Yisrael Meir Kagan of Radin, 1839-1933) explains that if one of the nine Kohanim would be called up first, the other Kohanim might feel resentful and envious. Therefore, the Shulhan Aruch writes that the Yisrael should be called first, and then Kohanim are called for the subsequent Aliyot, to avoid contention.The Rama (Rabbi Moshe Isserles of Cracow, 1525-1572), in his glosses to the Shulhan Aruch, writes that these Halachot apply to Leviyim, as well. If a Minyan consists entirely of Leviyim, then three Leviyim are called – even though we generally do not call a second Levi after a first Levi has received an Aliya – and if there are nine Leviyim and one Yisrael, then the Yisrael is given the first Aliya and Leviyim the next two.The Mishna Berura, in this context, addresses the case where the only Kohen in the synagogue is a mourner within the first week of mourning, Heaven forbid. If this occurs on a weekday, he writes, then the Kohen may not be called for the first Aliya, because a mourner is forbidden from studying Torah. A Yisrael is therefore called to the Torah in his stead. On Shabbat, however, he is called for the first Aliya. If he would not be called for the first Aliya, this would constitute a public demonstration of mourning, which is forbidden on Shabbat. Therefore, if a mourner is the only Kohen in the synagogue on Shabbat, he should be called for the first Aliya. However, the Mishna Berura adds that it is preferable for him to exit the synagogue before the Torah reading, so that a Yisrael can be given the first Aliya instead of the mourner.Summary: Generally, only one Kohen is called to the Torah for every Torah reading, but if everyone in the synagogue is a Kohen, then all the Aliyot are given to Kohanim. If there are nine Kohanim and one Yisrael, then the Yisrael is called for the first Aliya, and Kohanim are called for the subsequent Aliyot. These laws apply to Leviyim, as well. If a mourner is the only Kohen in the synagogue, on weekdays he should not be given an Aliya, whereas on Shabbat he may be called for the first Aliya, though it is preferable for him to leave the synagogue before Torah reading so that the first Aliya can be given to a Yisrael.

How Should the Aliyot be Arranged in a Minyan of Only Kohanim, or if There is Only One Yisrael?

The Gemara draws a distinction between the status of a Mamzer and that of a Halal. A Mamzer is a child of a forbidden union, such as if a married woman had an adulterous relationship. The child from this union has the permanent status of Mamzer, which forbids him or her from marrying (though a Mamzer and a Mamzeret may marry one another). The term "Halal" refers to the product of a union between a Kohen and a woman forbidden only to Kohanim. For example, if a Kohen marries a divorcee, in violation of the Torah prohibition forbidding Kohanim from marrying divorcees, the product of this marriage is called a Halal, or a Halala in the case of a girl. A Halal is not considered a Kohen, even though his father is a Kohen and his last name is "Cohen." And a Halala may not marry a Kohen, even though her father is a Kohen, since she was born from a relationship that violated the laws of the Kohanim. Unlike a Mamzeret, however, she may marry non-Kohanim.The Gemara states that "Jews recognize the Mamzerim among them, but do not recognize the Halalim among them." This means that the phenomenon of Mamzer is generally widely publicized, and when there is a Mamzer, people know about it. Therefore, when two people decide to get married, it is not necessary for each to do thorough investigations to ensure that the other is not a Mamzer or Mamzeret. The status of Mamzerut is well-known, and therefore in the absence of any particular reason to suspect that somebody has this status, there is no need to thoroughly investigate a potential spouse’s family background to check for "Mamzerut."The status of "Halalut," however, is not widely known. People are not necessarily aware when a Kohen marries somebody forbidden for Kohanim, and it is therefore possible for a person to be a Halal or Halala without this being public knowledge. Therefore, we cannot automatically trust a person who says that he is a Kohen. Of course, if one comes from a family that is well-established as proper Kohanim, then we certainly treat him as a Kohen. But if a person comes from out of town, and nobody in the community knows him, we cannot automatically accept his claim that he is a Kohen. The Shulhan Aruch rules that the individual in such a case should not be given the first Aliya and should not recite Birkat Kohanim – and certainly would not be given Teruma in the days when Kohanim received Teruma – until his background is investigated and he is determined to be a proper Kohen. Since the status of "Halalut" is not widely publicized, a person’s claim to be a proper Kohen cannot be accepted without some research into his background.The Rama (Rabbi Moshe Isserles of Cracow, Poland, 1525-1572) disagrees with this ruling, and claims that nowadays, we can accept a person’s claim that he is a Kohen and call him to the Torah as a Kohen. From the Shulhan Aruch, however, as mentioned, it emerges that we cannot trust a person’s claim even with respect to the Aliya to the Torah. Therefore, if a person moves into the community and claims to be a Kohen, his background should be checked before he is treated as a Kohen.Summary: If a person comes from out of town and says he is a Kohen, he should not be treated as a Kohen – with respect to Aliyot and Birkat Kohanim – until some research is done to ascertain that he is, indeed, a proper Kohen.

Do We Believe Somebody Who Says He's a Kohen?

The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Tesave, writes that the Hazan announces "Kohanim" to prompt the Kohanim to begin their Beracha. Birkat Kohanim takes place during the Hazan’s repetition, immediately after the Beracha of "Ha’tob Shimcha U’l’cha Na’e Le’hodot." After the congregation completes its "Amen" response to this Beracha, the Hazan should announce "Kohanim" to signal to the Kohanim to begin their blessing. The Hazan should not make this announcement before the congregation completes their response of "Amen," and the Kohanim should not begin reciting the Beracha before the Hazan makes his announcement.The Hazan announces "Kohanim" only if there are at least two Kohanim present in the synagogue for Birkat Kohanim. If there is only one Kohen, the Hazan cannot announce "Kohanim," which is a plural term, and it is not customary to announce "Kohen" in the singular form. The custom in our community is that in such a case, somebody from the congregation besides the Hazan announces "Emor," which is based upon the Torah’s formulation in introducing the Misva of Birkat Kohanim ("Amor Lahem" – Bamidbar 6:23). The Hazan should not announce "Emor," as this would constitute a Hefsek (forbidden interruption) in his repetition of the Amida (as opposed to announcing "Kohanim," which is, in a certain sense, part of the Amida prayer). After the announcement of "Emor" is made, the Kohen begins the Beracha of Birkat Kohanim.This is an important Halacha for everybody to know. The Kohen does not begin Birkat Kohanim until after he hears "Emor," and the Hazan, as mentioned, cannot make this announcement, and therefore the congregants must be aware of this Halacha so that somebody will announce "Emor" to prompt the Kohen. Only one congregant should make this announcement.If no Kohanim are present, then at the point in the Amida when Birkat Kohanim is normally recited, the Hazan recites a special insert that begins "Elokenu V’Elokeh Abotenu Barechenu Ba’beracha Ha’meshuleshet…" This insert cites the verses of Birkat Kohanim. After the Hazan recites each verse, the congregation should respond, "Ken Yehi Rason." They make this response after each verse – after "Ve’yishmerecha," after "Vi’huneka," and after "Ve’yasem Lecha Shalom." They do not respond "Amen" after each verse as they do when the Kohanim recite Birkat Kohanim. The Hesed La’alafim (Rabbi Eliezer Papo, 1770-1828) records a custom observed by the "Vatikim" (pious individuals) to respond not just "Ken Yehi Rason," but "Ken Yehi Rason Bi’zchut Abraham" after the first verse, "Ken Yehi Rason Bi’zchut Yishak" after the second verse, and "Ken Yehi Rason Bi’zchut Yaakob, Moshe, Aharon, Yosef Ve’David" after the third verse.Summary: After the Hazan concludes the Beracha of "Ha’tob Shimcha U’l’cha Na’e Le’hodot" in the repetition of the Amida, he waits for the congregation to answer "Amen" and then announces, "Kohanim." At that point, the Kohanim begin Birkat Kohanim. If there is only one Kohen present, then instead of the Hazan’s announcement of "Kohanim," somebody else from the congregation announces, "Emor." If there are no Kohanim at all, then in place of Birkat Kohanim the Hazan recites the insert of "Elokenu V’Elokeh Abotenu Barechenu," which cites the text of Birkat Kohanim, and after each verse of the blessing the congregation responds "Ken Yehi Rason," and not "Amen."

Birkat Kohanim - The Hazan's Announcement of "Kohanim"; If There is One Kohen or No Kohanim Present

There is a misconception that since in the synagogue the Kohanim go in front of the Aron for Birkat Kohanim, the Beracha may be recited only in the presence of a Sefer Torah. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Tesave (13), writes that this is incorrect (listen to audio recording for precise citation). Even if a Minyan prays in a house or other place without a Sefer Torah, the Kohanim stand in the front of the room and recite Birkat Kohanim.If a person who is not participating in the Minyan happens to enter the synagogue during Birkat Kohanim, such as if he came to get his Tallit and Tefillin for a later Minyan, or happens to be passing through, he should stand silently in place until after Birkat Kohanim. Even though he does not pray in that Minyan, he should remain in the synagogue through the end of Birkat Kohanim.If a Kohen had already prayed and recited Birkat Kohanim in an earlier Minyan, and, for whatever reason, he finds himself in a different Minyan at the time of Birkat Kohanim, he may recite Birkat Kohanim again at that Minyan. There is no limit on how many times a Kohen may recite Birkat Kohanim on any given day; anytime he finds himself in a Minyan at the time of Birkat Kohanim, he may recite the Beracha, even if he had already done so earlier in the day.Summary: Birkat Kohanim is recited even in a place without a Sefer Torah. One who happens to be in a synagogue during Birkat Kohanim must stand in place silently and listen to the Beracha, even if he prayed at an earlier Minyan or will pray at a later Minyan. A Kohen who had already prayed and recited Birkat Kohanim may recite the Beracha again if he happens to be at another Minyan at the time of Birkat Kohanim. There is no limit on how many times a Kohen may recite Birkat Kohanim on any given day.

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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansou...

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