[Avodah] Torah Reading Without A Kohen

[Prof. Levine]

[2 emails. -micha]

The following is from Rabbi Aharon Ziegler's JP column Halachic Positions
of RYBS, ZT"L. I do not know when it appeared.

Torah Reading Without A Kohen

It is a very common practice in many congregations that when a need arises
for two "Yisraelim" to be-called for an aliya to the Torah on Monday,
Thursday or Shabbat afternoon, we ask the Kohanim present to either
"forgive" their due honor in favor of the lay Israelites, or to step
outside so that, in their absence, a Yisrael can be called in their place.
This practice of circumventing the Kedushat Kohen is not suggested in
the Shulchan Aruch and is certainly not recommended. As a matter of fact,
Rema emphatically states (Orach Chayyim 135:1) that it is preferable to
add a fourth aliya under certain circumstances rather than circumvent
the mitzva of "Vekiddashto" the Kohen deserves, True, the Mishna Berura
(ad loc.) adds that today we do not follow the practice of the Rema;
however, he [the Chafetz Chaim] does not suggest an alternative solution.

According to Rav Soloveitchik, today's common practice is absolutely not
in conformance with Halakha and, therefore, not advisable. The Gemara
(Megilla 21b) asks, "What do the three [who read, i.e. the aliyot]
represent?" Rav Assi says, "The Torah, the Prophets and the Writings."
This means that the Torah incorporates within itself all three kedushot
- Kedushat Torah, Kedushat Nevi'im and Kedushat Ketuvim. Rava says that
the three aliyot correspond to Priests, Levites and lay Israelites.

We see from the above that the reason for calling a Kohen to the Torah
first is not only the commandment of "Vekiddashto," as suggested in
Tractate Gittin, but.rather the fact that it is an absolute, integral part
of the mitzva of Keriat HaTorah. Therefore, according to Rav Soloveitchik,
if (for any reason) there is no Kohen for the first aliya,the completeness
of Kiyyum Kriat HaTorah Bishelemut is not fulfilled.



The following is 
from  http://www.dinonline.org/2010/12/22/asking-the-cohen-to-leave/

The Question:

Is it permissible for the Gabboim to ask a Cohen to leave the shul
so they may call up a non Cohen for the first Aliya, during Leining,
in order to accommodate congregants who would otherwise possibly not
receive an Aliya,and may have an entitlement in terms of a yohrtzeit
or possibly that a Levy is not present,or that there may be 2 or 3 non
Cohanim who might be commemorating a Yohrtzeit.

Answer:

It is permitted to request this from the Cohen, but not on a regular
basis, and only in times of need, such as the presence of a chiyuv who
would otherwise not receive an aliyah.

Sources:

Maharam Schik (59) writes that it is permitted to ask a Cohen to forego
the first aliyah, upon which the Cohen can leave the shul, or forego
the aliyah (the gabbai should call up somebody else with the consent
[mechilah] of the Cohen) ­ it is better that he should leave the shul
for the aliyah. However, he writes (61) that one should not do this on
a regular basis, but only in a special time of need, a ruling echoed in
Daas Sofer (18). The Chazon Ish used to be particular in this matter,
and would not permit requesting a Cohen to leave (hanhagos Chazon Ish,
chap. 5).

Several authorities write that on Mondays and Thursdays it is permitted
to ask the Cohen to leave where there are chiyuvim in the shul (see
Toras Chaim 135:8; Iggros Moshe vol. 3, no. 20; Minchas Yitzchak, vol. 2,
no. 41; see also Mishnah Berurah 18). Kaf Hachaim 135:14 writes that where
there are many guests in the shul, it is permitted to call one up for the
first aliyah, and there is no need for the Cohen to leave, because it is
clear that he is not receiving the aliyah on account of the presence of
many guests. I think this halachah would be hard to apply today, because
the general custom is to always give the first aliyah to the Cohen.

Teshuvah Meahavah (91) stresses that the Cohen cannot be forced to forego
his place, and a number of authorities therefore write that the first
aliyah should not be sold (see Aruch Hashulchan 135:23; Shivas Tzion
(6); Beis Shearim (6); Avnei Tzedek (9); see also Mishnah Berurah 135:18
concerning calling up a non-Cohen where the custom is to do so).

For more on Reb Moshe's opinion on this issue, see
http://www.stevens.edu/golem/llevine/r_moshe_kohanim.pdf


Yitzchok Levine