We have a big subject, so again, let’s review what we learned yesterday. We said that according to Maran, there is no problem: you are allowed to add extra olim (those called up) to the Sefer Torah (Torah scroll). Even though we saw that what the Rivash wanted to say was that you cannot add extra olim to the Sefer Torah, because you will put them into a safek berachah she'einah tzerichah (doubt of an unnecessary blessing). In bizman haTalmud (Talmudic times), they did not make berachot (blessings) for each person. They made only a berachah rishonah (first blessing) and a berachah acharonah (last blessing). So what happens when you add extra olim? You cause these people to make extra berachot. However, we saw that Maran clearly did not take that opinion. Maran wrote in se'if alef (paragraph one) that you could send up extra olim on Shabbat.
We said that one has to do this bechochmah (wisely): do not send up too many, so that you do not create a torach tzibur (burden on the community). The second thing we saw yesterday was that Maran holds that if you are sending up extra olim, you could even repeat exactly what was read before, even though it is a total repetition. That was Maran’s shitah (position). We saw that the Rema was machmir (stringent) on that. The Rema said, “No, you should not really repeat it.” The Mishnah Berurah says clearly that if you are repeating, you cannot count that as one of the seven olim unless you read two extra pesukim (verses). But again, Maran’s opinion was that it is not a problem even to repeat the same pesukim. We saw from the poskim (halachic authorities) that it is better not to get involved in that. It is better to split the parashah (Torah portion) into shorter aliyot (Torah reading) if you know you are going to send up extra olim, rather than have to repeat the same aliyah twice. Let the chazan (cantor) say at the beginning, “Hey, we’re going to have 20 aliyot today.” Then split it up bechochmah. Exactly. I’ll say, “Bechochmah from the beginning.” That is what we said in yesterday’s shi'ur (lesson), rabotai (my friends).
Now we come to a very important subject, and we finally have to get clarity here. Open up tet tet in the Aruch HaShulchan. Because this is so important, I’m going to do the reading today. Hakol olim leminyan shiv'ah (Everyone is counted among the seven). Everybody can go up leminyan shiv'ah, afilu ishah (even a woman). Hey, this is it. This is Orthodox Judaism here. Afilu ishah, afilu katan (even a minor), hayode'a lemi mevarechin (who knows to whom the blessings are made), sheyesh bo ketzat da'at (who has some understanding), lehavin (to understand), shehaberachah hi l'Hashem yitbarach (that the blessing is to God). As long as he is mature enough to know that he is making the berachah to God, I don’t know, six, seven, eight, or ten years old, you can send him up.
“Aval (but), amru chachamim (the sages said), she'ishah lo tikra betzibur mipnei kevod hatzibur (a woman should not read publicly because of the dignity of the congregation).” You know, you can’t send a lady up to the Torah. Although technically you can, because of kevod tzibur (the dignity of the congregation), it is not kavod (honor). Ve'afilu midina (and even according to the law), ein aval ela mitztarfin leminyan shiv'ah (they are counted toward the seven). You can count them as part of the minyan (quorum). Aval lo sheyihyu kulam nashim o ketanim (but not if they are all women or minors). That is clear. We aren’t going to invite all women up over here. Is this going to become an egalitarian minyan? Or are you going to let all ketanim go up? But why not? A kohen (priest), maybe she is not a kohen.
Aval lihyot hakatan hakore (but for the minor to be the reader), eino yachol ad sheyavi shtei se'arot (he cannot until he has two hairs). Se'arot (hairs). But for the katan (minor) to be the kore (reader), no, he cannot be the reader. You want to give him an aliyah? No problem. But he cannot read the sefer (scroll) until he is bar mitzvahed, it sounds like. Why? Because he is motzi rabbim yedei chovatam (discharging the obligation of the many). To give him the aliyah, okay, aliyah. You are not motzi a congregation regarding an aliyah, maybe. But regarding reading, that is what the Gemara says. The Mishnah says, “Hakol olim.” Mah she'ein ken legebai (which is not so regarding) reading, the Magen Avraham says the boy has to be bar mitzvahed—or, not bar mitzvahed, but eino yachol ad sheyavi shtei se'arot. He has to have two hairs; he has to have reached maturity. It does not have to be age 13, but he has to have two hairs.
Ve'ein hakatan oleh ela leminyan shiv'ah velo lishloshah (and the minor is counted only among the seven, and not among the three), besheni uvachamishi uveshabat beminchah (on Monday and Thursday and Shabbat afternoon). The Aruch HaShulchan learned, as many Rishonim (early authorities) learned, that when it says in the Mishnah—no, that was not the Mishnah; it was said in the beraita (early rabbinic teaching) in Masechet Megillah (tractate Megillah)—“Hakol olim leminyan shiv'ah,” why did it say “minyan shiv'ah”? Why didn’t it say “hakol olim leminyan”? Why did it say “shiv'ah”? Rather, it must be talking only about Shabbat. Otherwise, it would have said “hakol olim leSefer Torah.” What difference does it make whether it is Monday and Thursday, Rosh Chodesh (new month), Chol HaMo'ed (intermediate festival days), Pesach (Passover), Sukkot (Tabernacles), or whatever it is? Rather, this must be a law only regarding Shabbat. I can include a minor among the seven, but I cannot include a minor among the three. That is what he says.
Ve'eino muvan (and it is not understood), says the Aruch HaShulchan. “I don’t understand it. Mah bein zeh lazeh (what is the difference between this and that)? What is the difference? If there is a chiyuv (obligation) of seven and I can use a minor, then if there is a chiyuv of three, I can use a minor. What is the difference? Seven, three—bottom line, there is an obligation here. If the minor can be part of the obligation, mah li (what difference does it make) seven, mah li three?”
Ach lefi mah sheyitba'er d'lo al kol ha'aliyot yachol hakatan la'alot (But according to what will be explained, the minor cannot go up for every aliyah). “Wait, let me finish,” he said. We are not going to let the kohen go up for every aliyah; we are going to let the minor go up. Then you will understand the difference. You think that when we said hakol olim leminyan shivah, it means any of the seven olim? No, it does not mean any of the seven. Once we tell you which aliyah he can get among the seven, you will understand why he cannot get an aliyah among the three.
V'chatvu od d'afilu katan kohen (and they further wrote that even a minor kohen)—a boy who is a kohen, a minor—im ein sham kohen gadol yachol la'alot (if there is no adult kohen there, he may go up). Not a Kohen Gadol (High Priest) like Aharon HaKohen (Aaron the Priest); a grown-up kohen. If there is no adult kohen in the synagogue, you can even send up the minor kohen. Aval k'she'ein Levi sheyikra hakohen hakatan shenei pe'amim vadai eino nachon (but when there is no Levi to read, it is certainly not proper for the minor kohen to be called twice). If there is no Levi (Levite) to read, you should not send the minor up twice, because you know he will get the kohen aliyah and the Levi aliyah. So you only get one minor in the mix. No, don’t send him up at all. If you know there is no kohen, right.
V'yesh mi shemefakpek shelo likro kohen katan (and there are those who question calling a minor kohen). Some say, “No. Why are you calling a minor kohen up as kohen? D'alav lo shayach v'kidashto ki et lechem Elohecha hu makriv sheharei pasul l'hakravah (for ‘you shall sanctify him,’ ‘for he offers the bread of your God,’ yet he is unfit for offering).” What is the whole reason you send up a kohen? V'kidashto (you shall sanctify him). What does v'kidashto mean? He always goes first. Why? Because when you are dividing the bread in the Beit HaMikdash (Holy Temple), the kohen obviously goes first. A minor kohen does not eat korbanot (sacrifices). Therefore, since he does not eat the korbanot, there is no v'kidashto, and if there is no v'kidashto, there is no law to send a minor up for the kohen aliyah. The only law of kohen is v'kidashto, and a minor is not connected to v'kidashto.
Okay, so that is a derashah (interpretation). I don’t know where this rabbi got this derashah from, but it is a nice derashah for aliyat Kohen (the kohen’s Torah reading). V'ein zeh re'ayah (and this is no proof). He says, “I don’t know what the proof is. Sheharei yachol lavo lidei hakravah (for he can come to be fit for offering).” When he gets older, he will be connected to offering. He is connected to offering; just let him mature. V'harei ochel gam b'kodshei kodashim v'gam kohen ba'al mum oleh rishon (and he eats from the most holy offerings, and even a blemished kohen goes up first). Exactly. A ba'al mum (blemished kohen)—could he eat kodashim (holy offerings)? No. Can he go up as kohen? Yes. So what are you talking about? Once you tell me a minor can go up, don’t tell me this business about v'kidashto.
Now, this is the main paragraph here. D'vidvrei ha-Pri Etz Chaim (in the words of Pri Etz Chaim). Who is the Pri Etz Chaim, rabotai? You should know this by now; you’ve heard it before. Okay, how about Rabbeinu Ha'Ari? Pri Etz Chaim explains, d'zeh she'amru chachamim hakol olim leminyan shivah zehu bashvi'i bilvad (that “everyone is counted among the seven” means only the seventh). Hakol olim leminyan shivah, according to Rabbeinu Ha'Ari, means aliyat shvi'i (seventh aliyah), not any aliyah. One katan on Shabbat, aliyat shvi'i. Based on Rabbeinu Ha'Ari, forget about weekdays: there is no seventh aliyah on a weekday. Rabbeinu Ha'Ari is going to tell you that the seventh is the smallest, the weakest of the aliyot. Therefore, let a minor go up for the last aliyah, the seventh. That is malchut (kingship), the smallest one. I don’t know if it is the concluding aliyah or the seventh, but the point is that whatever you consider the seventh is the aliyah you can give to the minor.
V'chatav sham hata'am mipnei shehi ketanah b'ma'alah mikulam (and he wrote there that the reason is that it is the lowest in stature of them all), because that is the smallest aliyah in stature of all of them. I don’t know if it is the Kaddish or not. You don’t know if it is the concluding aliyah. It could be the concluding aliyah; it could be the seventh. I don’t know how you are dividing it up. Once again, I don’t know how you are dividing it up. If you are sending up ten people and I have already sent up seven, then seven is seven. You could be right.
U'va-Rivash katav b'shem Rabbeinu Tam d'oleh leminyan shivah v'rak l'maftir (concluding Torah reader) k'sheyesh shenei Sifrei Torah v'ein koreh bashniyah ela echad ein l'katan la'alot (and the Rivash wrote in the name of Rabbeinu Tam that he is counted among the seven, but a minor may not go up for maftir when there are two Torah scrolls and only one person is called to the second). Ah, he is making a point. He says oleh leminyan shivah. The Rivash says the minor may get whichever aliyah he wants, but that is only when there are seven. You cannot send him up for maftir when there is a second Sefer Torah, because in the second Sefer Torah there is only one person called up. So he can go up only for the Sefer Torah that has seven. Let’s say it is Parashat Zachor (portion of Remember) or Parashat Shekalim (portion of Shekels), and you take out a second Sefer Torah. The minor does not go up for that one. That is not counted among the seven; that is minyan echad (one count). That is what the Rivash says.
Vera'iti mi shekatav bishmo deliminyan shiv'ah eno oleh rak lemaftir (and I saw someone who wrote in his name that he goes up among the seven only for maftir). Someone wants to say that he can get only maftir. So now we have another shitah (position). Some shitot say he can get any aliyah among the seven. Rabbeinu Ha'Ari says only the seventh aliyah. The Rivash is understood to say only maftir among the seven, not maftir when it is in a separate Sefer Torah. Vetimhani (and I am astonished). He said, “I don’t know why anybody wants to say that this is what the Rivash means. That is not the plain meaning of the Rivash.”
Vezehu leshon haRivash sham: Umita'am zeh katav haManhig beshem Rabbeinu Tam, debeyom sheyesh shene sefarim, shehamaftir koreh bameh shehu chovah layom, en maftirin bo bekatan. Ve'af al gav dekayma lan dekatan oleh leminyan shiv'ah, mikol makom mashma demah shehu chovah layom she'eno koreh ela echad, detzarich sheyiheh gadol, ela sheliminyan shiv'ah oleh katan keshe'oram (and this is the Rivash’s wording: For this reason, the Manhig wrote in the name of Rabbeinu Tam that on a day when there are two Torah scrolls, the maftir reads from that which is obligatory for the day, and a minor is not called for maftir. Although we hold that a minor is counted among the seven, it implies that what is obligatory for the day, when only one is called, must be read by an adult; but a minor is counted among the seven like adults). Where did he say it is maftir? All he said is that the minor can go only to the first Sefer Torah, where there are seven, not to the second Sefer Torah, which is the chovat hayom (the day’s obligation). That is separate. He did not say maftir. He says, “I don’t know why they attribute to the Rivash the position that it means only maftir. Where did he say maftir?” All his point was that when there is a second Sefer Torah, the minor cannot get that aliyah. He did not say that the minor cannot get the first one. That can fit in.
UveRoke'ach katav: vekatan hamaftir binevi'im (and the Roke'ach wrote: a minor who reads the haftarah in the Prophets)—oh, clearly, “a minor who reads the haftarah,” so he must hold that it is only maftir—lo yikra pachot mikaf-alef pesukim (he should not read fewer than 21 verses). It implies that the minor goes up only for maftir. So maybe that is the Roke'ach’s position. But that is not so, because later he writes, katan eno oleh leminyan sheloshah, aval leminyan shiv'ah oleh (a minor is not counted among the three, but is counted among the seven). Clearly, the Roke'ach says he cannot go up among the three, but he can go up among the seven. He does not say anything about maftir.
Vetzarich lomar, dede shekatav mikodem mishum dederech likrot katan lemaftir (and it must be said that what he wrote earlier is because it is customary to call a minor for maftir), because that was the custom: usually they sent the boy up for maftir. Velachen minhagenu atah she'en hakatan oleh rak lemaftir (and therefore, our current custom is that a minor goes up only for maftir). But according to the basic law, lo ra'inu le'echad min haposkim sheyimna et hakatan mila'alot leminyan shiv'ah, zulat ha'Ari zal (we have not seen any of the authorities prevent a minor from being counted among the seven, except the Ari, of blessed memory), shelo hetiro rak lishevi'i (who permitted it only for the seventh). We have not seen any poskim who are stringent about sending up a minor on Shabbat, except Rabbeinu Ha'Ari, who was strict that the minor could receive only the seventh aliyah.
Ve'omnam, leminyan sheloshah (however, regarding the three), some of the authorities hold that the minor is not counted. And certainly this is also so on Rosh Chodesh, Yom Tov, and Yom Kippur (Day of Atonement). It is not exclusively Monday and Thursday and the other days. Again, what was the wording of the beraita? Hakol olim leminyan shiv'ah. Why did it say “shiv'ah”? “Shiv'ah” must be because it is talking about Shabbat. Verak beShabbat yesh shiv'ah olim, velaha'Ari zal rak shevi'i (and only on Shabbat are there seven called up, and according to the Ari, only the seventh). Vechen keshehamaftir besefer Torah sheniyah, en hakatan oleh (and likewise, when the maftir is in the second Torah scroll, the minor does not go up). So now it is giving you the rules: first of all, according to this, it is only on Shabbat; according to the Ari, it is only the seventh on Shabbat; and it does not apply when there is a separate Sefer Torah, as the Rivash said.
UviYrushalmi deMegillah ita (and in the Jerusalem Talmud on Megillah it says), a slave—oh, now we have a new story—a slave is counted among the seven. Do we have any slaves here? An eved (slave) can go up among the seven. Vekhatav Rabbenu haRema, dedino ke'ishah (and the Rema wrote that his law is like that of a woman). A slave is like a woman. That means initially he should not go up because of the dignity of the congregation, but if his mother is Jewish, then he is Jewish, fully Jewish. You can send him up; you can send him anywhere. Send even a mamzer (person born from a prohibited union) to the Sefer Torah. He may go up initially because he is fully Jewish and follows his mother. Jewish is Jewish.
He further wrote that a mamzer may be called to the Sefer Torah. Chazak uvaruch (Well done). Don’t start discerning his yichus (lineage). Jewish is Jewish. Okay. Ve'asur likrot berosh meguleh (and it is forbidden to read with an uncovered head). This is a separate point. When you go to the Sefer Torah, you cannot go up with your head uncovered. Of course, who is going to go up to the Sefer Torah? That means you have to cover your head more than you normally cover it. Ki im lo bekisui gamur (unless with a full covering), even if he has a light covering, even if he normally prays with a light covering, meaning a kippah (skullcap), as during prayer. He needs either a hat or a tallit (prayer shawl) over his head. You go to the Sefer Torah, and the Sefer Torah is important; you should have either a hat on or a tallit over your head. That is what he wrote in section 91.
He further wrote that there is no prohibition against calling an honored, wealthy, prominent person before a talmid chacham (Torah scholar). You can send up a rich person before a talmid chacham. Ki en zeh bizayon letalmid chacham, rak kavod laTorah shemitkabedet be'anashim gedolim (for this is not an affront to a Torah scholar, but honor to the Torah, which is honored by prominent people). It is honor for the Sefer Torah. They say, “Look who we send up—the most important people in the congregation.” So it is not degrading the scholar; it is giving honor to the Torah by looking for the most prominent people in the crowd. Umuvan shezo keshein bereirah, aval mimeila (and it is understood that this is when there is no choice, but in any case). Of course, if you have no choice—what happens if someone arranged for the wealthy person to go up before the talmid chacham? You have no choice; that is the aliyah he is going to get. He bought it, or something like that. No problem.
Okay, let’s stop here, rabotai. According to the Aruch HaShulchan, if we stopped here without knowing anything, this is a question that comes up in the community many times. The case is where a boy is having his bar mitzvah. The question we have in the synagogue comes up all over the place. He is having his bar mitzvah, but he is not yet 13. That is our custom; we do not bar mitzvah them exactly at 13. We usually bar mitzvah them a few weeks or a few months before. He is still a minor, and he wants to read on a Monday or Thursday, and they want to give him the third aliyah. This is a question that comes up all the time. What do the bar mitzvah boys do?
When I was bar mitzvahed, it was August 20th, 1981, at the Kotel Hama'aravi (Western Wall). I was not bar mitzvahed yet; I was not bar mitzvahed until November 8th, until Yud-Zayin Cheshvan (the seventeenth of Cheshvan). This was Chaf Av (the twentieth of Av), the 20th of Av, actually, Parashat Ekev. How did you remember that it was Parashat Ekev in 1981, August? Do you have a computer brain over there? Okay, lucky guess.
So what happened? I went up at the Kotel; I went up for the third aliyah. I went up for the third aliyah, and I was not fully bar mitzvahed yet. You could say, “In those days we didn’t know anything; you went up, bar mitzvahed.” What is the law, really? Today we have a bar mitzvah in the synagogue on a Monday or Thursday. A kid comes in and says, “Rabbi, today is the bar mitzvah day. We want to give the boy the third aliyah.” “No, no, no. Hakol olim leminyan shiv'ah, buddy. According to Rabbeinu Ha'Ari, that is only the seventh aliyah, by the way.” Come to us on Shabbat; we’ll have to fight with you a little. But on Monday and Thursday, leave me alone.
Okay, let’s open Chacham Ovadiah on this. In Masechet Megillah we learned: hakol olim leminyan shiv'ah, ve'afilu ishah, ve'afilu katan. Velich'orah yesh ledayek bilshon habaraita, shedavka beShabbat, sheyesh shiv'ah olim, ra'uy hakatan lehitztaref leminyan shiv'ah. Aval beSheni veChamishi, sheyesh rak sheloshah, ein hakatan oleh lehitztaref, kol od lo mal'u lo shelosh esreh shanah veyom echad. Vechein hu be'emet da'at haRoke'ach (and this is indeed the opinion of the Roke'ach). That is the opinion of the Roke'ach.
Do we have a Rambam? Which one is it? Hilchot Tefilah (Laws of Prayer)? Sefer Ahavah? Bring the Rambam. Do we have Megillah? We don’t have the Gemara Megillah there either. This Gemara is on page 23. In the Gemara that says hakol olim leminyan shiv'ah, we have to see what the Rambam says in his commentary on the Mishnah. Oh, no, we're talking about the aliyah first. Aliyah first, and then we'll see. But first, let’s look at what it says here. I have the Maharsha, Shabbat, Tosafot. Open up the Rambam. I don’t see a commentary on the Mishnah in these. I don’t know; I see only this page. They didn’t give you the commentary on the Mishnah? I paid extra for this edition! They didn’t give it to you. Okay, look at the Rambam. I’ll read it to you. It is in Hilchot Tefilah, chapter 12, law 16. Tell me what you think the Rambam holds. Sorry about the delay, rabotai.
Look at the Rambam’s wording: Kamah hem kor'in? Beshabbat beshacharit korin shiv'ah, uveyom hakippurim (Day of Atonement) shishah, uveyamim tovim chamishah. He gives me the rundown: seven, six, five. Ein pochatin miminyan zeh (they do not reduce this number). You cannot send up fewer, aval mosifin aleihem (but they may add to them). You want to send up more? Welcome. Uverashei chodashim uvecholo shel moed korin arba'ah. Beshabbat uveYom Hakippurim beminchah, uvesheni uvachamishi, Monday, Thursday, and Shabbat afternoon, uvachanukah uvapurim beshacharit, uvimei hata'aniyot beshacharit uveminchah, korin sheloshah. Ein pochatin mehen, ve'ein mosifin. When it comes to three, that is the minimum and the maximum. Ishah lo tikra batzibur, mipnei kevod hatzibur. Vekatan hayode'a likrot, veyode'a lemi mevarechin, oleh miminyan hakor'im.
Finished. What does the Rambam hold? Exactly. He did not say, “A minor is counted among the seven.” He said, “A minor who knows how to read and knows to whom the blessings are made is counted among those who read.” Finished. Therefore, from the Rambam it seems that he did not distinguish. On the contrary, he gave you the whole rundown: seven, six, five, four, three. Then the next law says who can go up for these aliyot. A woman—okay, a woman should not read publicly because of the dignity of the congregation. But regarding a minor, seemingly there is no problem.
That is how Chacham Ovadiah brings the Rambam. Then he says that the inference is also made from the wording of the Maharikash in his glosses to Erech Lechem. Although the Rambam in his commentary on the Mishnah wrote, in the name of one of the Geonim, that what we learned, “A minor reads from the Torah,” means after the third of the called-up men has gone up—that is, only after the third aliyah, in his commentary on the Mishnah, which seems to mean that according to the Rambam it applies only on a day when there are more than three olim, perhaps Shabbat—Chacham Ovadiah says there is also a contradiction between the Rambam’s commentary on the Mishnah and the Yad HaChazakah (Mishneh Torah). We have a rule: the Yad HaChazakah is the bottom line. So don’t worry about that contradiction. He brings other principles here as well.
Then he says that Rabeinu Yeshayah Harishon wrote in his rulings on Megillah: hakol olin leminyan shiv'ah ve'afilu katan. Here it seems to mean specifically among the seven, where there are many olim. Maybe you think that on Shabbat, because there are many olim, you can include him, but not among the three or four. And what we learned, “A minor reads from the Torah,” and what the Gemara also says, “A minor goes up to the Torah,” means he goes up among the seven. What the Mishnah left unstated, the beraita explained. Even though the Mishnah says hakol olim latorah, which seems to mean any Torah reading, no: the beraita explains that it means among the seven.
So, you have Rishonim that are going to come along and say the mishnah is the ikar. So, when it says katan koreh baTorah, katan koreh baTorah, it doesn't make a chilluk (distinction). Alternatively, one can say that it does not mean specifically among the seven. When the Gemara says “seven,” it does not mean seven specifically. The main point is that although a minor is not obligated, he is counted in the number. It used the number seven, but the same law applies to three or four. Why did it say seven? Plainly, not specifically; it gave the case of Shabbat. Someone wants to say that seven is not specific, and the same law applies to three and to four, because of what we learned, “A minor reads from the Torah.” Look at page 24b in Masechet Megillah. You are going to have a hard time answering this, because there is a Mishnah there. The Mishnah discusses who will and will not go up to the Torah. It says, “A kohen who has blemishes on his hands,” “one who says, ‘I will not pass before the ark,’” and so on: Sakanah pashat yado. Where is the Mishnah on page 24b? Perhaps it is the Mishnah after that: “A minor reads from the Torah and translates.”
What does “a minor reads from the Torah” mean? Does it say “seven” or “three”? It does not say either in the Mishnah. Oh! Now we have to know. The beraita says, “A minor is counted among the seven.” Which of these statements is specific? I can explain simply that when the Mishnah says, “A minor reads from the Torah,” the Gemara explains that it means among the seven. Or I can explain that the Mishnah is general, so why did the beraita say “seven”? It is coming to teach you a novel point: even on Shabbat, where Shabbat has an additional soul and holiness, he can still sit down and cover. If I can send him up on Shabbat, all the more so I can send him up on Monday and Thursday. That is how the Rishonim learn it. The beraita mentioned the seven to teach an additional point, lest you say that since Shabbat’s honor is greater, and there is also a larger gathering—a holy congregation, with 300 people coming to synagogue—then on Monday and Thursday, okay, whatever; but on Shabbat, with 300 people, why would you send up a minor? It teaches us that it is permitted, and all the more so on Monday and Thursday.
So this is the opinion of the Rishonim—whose opinion? Rabbeinu Yeshayah Harishon. He wants to say that the same law applies among the three. Not only that: the responsa of Maharam meRothenburg say the same, in the name of Rabbeinu Simchah, that it is not specifically among the seven, but also among the three. The same is brought in Hagahot Maimoni. Abudarham also wrote that everyone is counted among the seven or among any number of Torah readings, including a minor. So wrote Rabbeinu Natan bar Yehudah in Sefer HaMachkim; the Gaon explained it that way, and so ruled Rav Yehudah bar Binyamin HaRofe. Look at all these Rishonim.
Rabbi Avraham ibn Tavah wrote: “Regarding your question whether a minor is counted among the three or is counted only among the seven, I was asked about this some time ago. I ruled that he is counted among the three as well, and several people began to question me.” When the rabbi gave this ruling, many people started to question him. “No! A minor is counted among the seven. How can you say he is counted among the three?” He said to them, “What is the difference? Shabbat is a day on which there is an obligation of seven, and a minor is counted among the required readings of the day. So too on Monday and Thursday, when the day’s obligation is three, a minor is counted.”
On Shabbat, the obligation is seven. So what difference does it make whether the obligation is seven or three? Bottom line, if he can be counted in the number, he can be counted in the number. What difference does it make? That is no question. He says this is also the Rambam’s opinion in the compendium. That is how he learned the Rambam. He wrote briefly, and so did Hagahot Maimoni. After he rebuked those who questioned him, they stood there—and that was it. “The sun stood still,” and they did not answer further. I got them. The Rashbatz wrote the same. He quotes a whole series of Rishonim here who all say that the same law applies among the three.
However, I saw that Maran HaChaviv, that is, Rav Benveniste, in Kneset HaGedolah, brought the Rambam’s wording. He brings this Rambam and it seems from his words that he holds a minor is counted among the three as well. He learned it the way we learned it. Then he says there is something to wonder about regarding the Rambam: “Where did he get this from? In the beraita they said only ‘among the seven.’” He questions the Rambam: how can he say it applies to any number, when the beraita says “among the seven” again and again?
Chacham Ovadiah comes along and says, “With all due respect to Rav Benveniste, he did not see the ten Rishonim I quoted, who also discuss the same Gemara and also say it applies among the three.” So, with all due respect, he thought the Rambam was a lone opinion. But he did not realize that the Me'iri, the Tashbetz, Rabbeinu Yeshayah Harishon, and others say the same. Exactly, they did not have the library in those days. We won’t hold it against him.
Then he says: “Although the Magen Avraham wrote like Kneset HaGedolah, that a minor is not counted among the three, it seems that the main law follows the majority of the halachic authorities and Maran.” Maran? Which Maran? Where is Maran here? Open up Maran, but you are not going to see it where you expect. Don’t bring the regular Mishnah Berurah. Open up Maran in Hilchot Sefer Torah (the laws of the Torah scroll). Where does he discuss who goes up to the Sefer Torah? Section 135, the order of the Torah reading. He tells you exactly who goes up to the Sefer Torah. Where does he discuss a minor? “If a minor reads the Torah publicly, see section 282.” Oh, what an unusual halachah. He says, “By the way, regarding a minor being allowed to read the Sefer Torah publicly, I already discussed that in section 282.”
I’m not turning there now, rabotai. The minor is already in section 282, so open section 282. Have you ever seen a halachah like that? What did Maran say in law 3? Hakol olim leminyan shiv'ah, va-afilu ishah ve-katan she-yode'a lemi mevarechin, aval amru chachamim ishah lo tikra be-tzibur mipnei kevod ha-tzibur (everyone is counted among the seven, even a woman and a minor who knows to whom the blessings are made; but the sages said a woman should not read publicly because of the dignity of the congregation). Maran just quotes the Gemara: hakol olim leminyan shiv'ah. I don’t know what he holds. Does “among the seven” mean specifically seven? I don’t have proof against that. Regarding the minor, he says, “I discussed it there.” He should have told me that regarding a minor he can do it. It sounds as if he is saying, “Go there; what I said there about the minor applies here.” Or maybe not. Yes, or maybe not.
So, from Maran, I don’t know what he holds. I can look at it here. Regarding the minor, he says he discussed it in section 282. But that was regarding Shabbat, in Maran. No, no, no. In truth, it may be that what I said there applies here, even if it was not specifically about this case. See there. What, are you giving me a reference that does not apply? Section 135 is talking about Monday and Thursday. “By the way, you want to know the law of a minor on Monday and Thursday? I discussed it in the laws of Shabbat.” The laws of Shabbat! Not specifically hakol olim leminyan shiv'ah; that is what it means. Like the Rambam, I’m not going to repeat it every time we discuss the laws of the Sefer Torah. Chol HaMo'ed, a minor—I said it once there; this is the time. From seven, all the more so three; the same law applies. That is one way to learn it.
The other way to learn it is to see there. Why? Because it applies only on Shabbat, specifically seven. Hakol olim leminyan shiv'ah applies only to Shabbat there. See there; that is why he cannot go up on a weekday. Is that strained? Not strained. I don’t know; there are two ways. Why is it strained? Regarding a minor in the laws of the Sefer Torah, look in the laws of Shabbat. There I said “among the seven”; I did not say “among the three.” So have a good day. It could be that the answer is no. As for Maran, I’m not so convinced.
But if you look at the Beit Yosef, he says: “It was brought in the Beit Yosef, section 282: everyone is counted among the seven, even a minor. That is, they are counted to complete the number, but they should not all be minors.” Okay, we understand that they should not all be minors. Then he says that according to the original law, the first and last readers were the only ones who made blessings, so a minor does not read first or last because of the blessing. In the old days, the kohen would make a blessing and the concluding reader would make a blessing. Maran says in the Beit Yosef that you should not have sent the minor up one or seven, because he was the one making the blessing for the congregation. The Torah reader cannot fulfill the congregation’s obligation with his blessing. But now that the sages instituted that everyone makes a blessing, a minor reads even first and last.
Look at Maran’s wording in the Beit Yosef: “A minor reads first and last.” What does “first” mean? He says it is necessary that the minor be counted among the first three, and the same applies to being counted among the three on Monday and Thursday. That is also Maran’s opinion in the Shulchan Aruch; see there. He is quoting the Shulchan Aruch in the Beit Yosef. Therefore, although the Magen Avraham and Olat Shabbat wrote according to Kneset HaGedolah that a minor is not counted among the three, it seems that the main law is lenient, following the majority of the authorities and Maran. Chacham Ovadiah is really saying that Maran’s opinion is not like Kneset HaGedolah, but specifically like Maran, as he says in the Beit Yosef. Maran’s words at the end of section 135 also tend in this direction.
So, Chacham Ovadiah says there is the Rambam, and Maran seems to say the same in the Beit Yosef, along with six Rishonim. The Magen Avraham, okay, he does not like the Magen Avraham. Let him take the Magen Avraham. Then he brings a novel point. Regarding Rabbeinu Ha'Ari, who says it is only on Shabbat and only the seventh aliyah, “We have no involvement with the hidden matters.” I’m not a kabbalist. The main thing is to follow the halachic authorities, particularly since Kabbalah is not stringent about this. This is amazing, what he does now. He says that even according to Kabbalah, he will show you that they held it was not the worst thing.
As the Gaon Chacham Chaim Palachi wrote in Shevet Shavat Yosef, he demonstrated with sound and correct proofs that even according to those who say a minor is not counted among the three, if the minor went up among the three and made the blessing, it is not a berachah levatalah (blessing in vain). So it is not a dispute to the extreme. Go and learn from the testimony of the honored Gaon and kabbalist Rabbi Shmuel Vital. Who is Rabbi Shmuel Vital? Chaim Vital’s son. He saw several great figures act in practice by calling a minor to the Torah even among the three. He brings this from the kabbalists themselves; he testifies that he saw them do it. Puk chazei man gavra rabba deka masehid (go and see what great man testifies). Look who is testifying here.
In any case, now he is talking about the bar mitzvah case. He is going to take this position because, in the case of a bar mitzvah, the boy is not eight years old; he is 12 and a half, sometimes just a few days before his bar mitzvah. They come to the synagogue to have a party, there will be Yehi Shem, and there is joy and all that. You have all these rabbis saying, “Wait until the bar mitzvah. He can’t go up to the Sefer Torah as a bar mitzvah? He cannot read the Sefer Torah?”
He says: “And particularly in our case, where he is short by only a few days, and on that day he is initiated into being a bar mitzvah by putting on tefillin (phylacteries) with joy and songs, and it is like his wedding day.” The Zohar HaKadosh (Holy Zohar) says that the bar mitzvah is like the wedding day. “Certainly one should rule that he may be called to the Torah, for this is the reason the custom became established not to fall on our faces.” Why do we say Yehi Shem? Why don’t we say Tachanun (supplication)? It is not his bar mitzvah. No, they are celebrating it.
As Rabbi Yitzchak Alfiyah and Rabbi Refa'el Aharon ben Shimon wrote in Nahar Mitzrayim, it says kechatan yechahen pe'er (like a bridegroom adorns himself with a headdress). Kechatan is a groom who gets married, and yechahen pe'er refers to tefillin, which are called pe'er (ornament). The groom who puts on pe'er is like a groom getting married. Just as when you get married there is Yehi Shem, the bar mitzvah boy also has Yehi Shem. The custom became widespread, and that is what they do in many cities outside the Land of Israel. The Rishon LeTzion, Chacham Ben Tzion Chai Uziel, also wrote this in Mishpetei Uziel. He added that the reason is that this mitzvah is neglected by us; therefore they adopted this custom to make the mitzvah of tefillin beloved among the Jewish people. They are strengthening the mitzvah of tefillin. They make a party, make noise, get excited, and everybody goes to synagogue.
Rabbi Ovadia Hadaya and Rav Yosef Messas also wrote that the day of the bar mitzvah is a big day, and some say, therefore, they may even call him among the three. The rabbi says, “Send him up.” Therefore, Chacham Ovadiah holds that a bar mitzvah boy who is close to his bar mitzvah can be given the third aliyah on a Monday or Thursday. He says: “Although there is a dispute whether a minor is counted among the three, if the minor has been initiated into the mitzvah of putting on tefillin”—if that is the day he is putting on tefillin—“one may rely on the lenient opinions.” You can rely on the other opinions and send him up. “And so it is practiced in actual law.” He is quoting from Vayomer Yitzchak, Gualita. Then he quotes from Emek Yehoshua: the custom in Morocco was the same, to give him an aliyah, and so on.
Now he comes along and says, fine. Therefore, he is counted among the number. So, gabbai, that is what he holds. But Chacham Ovadia Hadaya wrote in the sefer that today the custom in Jerusalem is never to send up a minor at all—not among the three and not among the seven. I’ll see more later. Anyone who breaks this custom is jumping into who knows what. He writes in Yaskil Avdi that the custom in the Land of Israel is not to call a minor to the Sefer Torah, and minhag Yisrael Torah hi (the custom of Israel is Torah). Whoever calls a minor to the Sefer Torah, “will bear his sin,” because he shows disregard for takanat chachamim (enactment of the sages). Who will dare to brazenly violate a minhag (custom)? Chacham Ovadia Hadaya—who is going to have the audacity?
Chacham Ovadiah comes along and says, “He needlessly made the fire bigger.” Why is he fueling the fire over this? Why is he getting so excited? It could be true that they had a custom. So in their synagogue, they had a custom not to send him up; don’t send him up. But because your synagogue had a custom not to send up a minor, do you want to make that the custom of all Israel? He says there is no such custom. They did it; this person did it, and that person did it. Therefore, no problem. That is the first halachah. Chacham Ovadiah is lenient, all the more so on Shabbat. Nobody is questioning that on Shabbat you can send the boy up for an aliyah.
Now the question is, what about sending the boy up for kohen? The boy is a kohen, and he wants to go up as kohen. Here we have the derashah, v'kidashto. The Aruch HaShulchan brought this from the Magen Avraham: v'kidashto applies only to someone who is connected to korbanot. Since the minor is not connected to korbanot, perhaps there is no law of v'kidashto. Chacham Ovadiah says—and the Aruch HaShulchan refutes this, but the Magen Avraham said it—if there is no kohen there except a minor who has reached the age of education, the Magen Avraham wrote that it seems the positive commandment written as v'kidashto was not said about a minor kohen. It says, ki et lechem Elohecha hu makriv (for he offers the bread of your God). Since a minor kohen does not offer, there is no law of giving him the kohen aliyah.
Vechatav la Bar Avodah. Rabbi Akiva Eiger asked about him. He says, “What do you mean? A ba'al mum doesn’t eat or bring korbanot, and still we send up a ba'al mum. So, just as you can send up a ba'al mum, why can’t you send up a minor?” That was Rabbi Akiva Eiger’s question. Chacham Ovadiah will challenge him from a different direction. After he questions him about the ba'al mum, he says, “We do not have the power to derive interpretations on our own.” You are calling it v'kidashto, but that is the Magen Avraham’s own novel interpretation. V'kidashto—the only law of aliyat Kohen—is “for he offers his bread,” and the minor does not offer. He says, “Okay, we don’t do this.”
Before you get to the Mishnah Berurah, we need Chacham Ovadiah. He comes along and says that for this reason, even a Kohen hedyot (ordinary kohen) is called to the Torah before a scholar, as we wrote. Then he says that if there is a talmid chacham there, the minor kohen does not go up; if there is no talmid chacham there, the minor kohen goes up first, since we hold that a minor is counted among the seven. There is no concern here for the congregation’s honor, since his priesthood caused this; he is descended from Aaron. If he does not go up first, tehei netzuyah (it will be a grievance). The Gaon Mohari Tayeb also raised this question. Therefore, he wants to say that technically you can send him up as kohen, too. He has no problem with it.
That is the halachah at the top here. He says that a minor who has reached the age of understanding may be called to the Torah when necessary, even among the three. All the more so, someone who is still younger than bar mitzvah age by only a few days, and that is the day they are putting on tefillin and everybody came to the synagogue. They called Abba (father), Doda (aunt). They may do so initially on Monday and Thursday, and he is counted among the three on his day of celebration. If he is a kohen, send him up as kohen, too. On the bar mitzvah day. On the bar mitzvah day, because that is a special part of his day. This is a very important point.
Now, once he goes up to the Torah, by the way, who's going to read? That's another question then. Oh, now you have another question. Okay, now he goes up to the Torah, now you send him up, katan oleh leminyan shiv'ah, oleh leminyan sheloshah. Chas veshalom, chas veshalom (God forbid, God forbid), he didn't talk about that yet. Oh, can he read now? How could you have a katan being motzi the rabbim (the public) yedei chovatam? So, comes in the next halachah: Katan shehu pachot migil bar mitzvah (a minor who is younger than bar mitzvah age), lechatchilah lo yiheyeh sheliach tzibbur likro kol haparashah (initially should not be the prayer leader reading the entire portion). Mikol makom (nevertheless), bizman she'ein sham ish baki (when there is no knowledgeable adult there), he could even read the whole parashah. So kol sheken he can read his aliyah. But that's what we do, by the way. When the bar mitzvah boy goes up, he reads. He reads his portion, because it could be it's not a a a a din it's a din that they have to hear it. Have to hear it. Maybe they have to hear it from a from a from a from a bar chiyuva (one obligated in the commandment) or not, he's going to discuss that level of of of of of hearing the Sefer Torah. Do they have to hear it from a gadol (adult)? Do they have to hear it setam (simply) from a Sefer Torah? He's going to discuss it. Meaning to to continue, to Levi and to read Kohen, Levi. He's going to say bedi'eved (after the fact), if you have nobody else to read, a katan can read the whole Sefer Torah. On a regular day. Regular day. Regular day, bar mitzvah. Regular day. Even lechatchilah you could send him up to read? No question. No question. Not all. For sure his aliyah. For sure his aliyah. For sure his aliyah on Shabbat. For sure his aliyah on shelishi (the third aliyah). The whole thing, that that that that's where we have to see he's going to discuss the whole thing if there's nobody else. But the esek (issue) is on aliyah, like you said. When they were sending up the katan, who is who was reading? He was reading! Who read, the lady was reading also, by the way! The lady was also reading! That's why he says like kevod tzibbur, to have a lady read from the Sefer Torah maybe. But otherwise, it's okay. So therefore this comes out halachah lema'aseh (in practical law) for for our minyanim (quorums) also over here. And that's been the minhag in the community, that always the kids were bar mitzvah, they were not fully, and they always taught them their bar mitzvah part, and they always went up to the Sefer Torah, and they always read early, and nobody That's what the rabbi did in 1981? Yes! Nobody We had big rabbanim there. Chacham Ovadia was at the bar mitzvah. And the rabbi read? In front of him! Yeah, I read my portion, simchatecha. And you're not and you're not fully! He didn't ask, he didn't even analyze, and he know the minhag was here probably before, because they don't put on tefillin exactly at that first that day. And that's it, and that's what they do. So therefore, and what do you know? For sure on Shabbat, the kid wants to come along. Now we're going to have to to just see now how much can he read, how much should he read, one aliyah, two aliyot, maybe anything but the whole reading, or That's going to come in the next teshuvah. Okay, at least we clarified that.
Baruch Hashem le'olam amen ve'amen (Blessed is Hashem forever, amen and amen).