YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: The halacha is that it depends. The Shulchan Aruch (Orach Chayim 135:6-7) discusses two parallel cases in which the incorrect person is set to do the aliya. One is when it was not known that a kohen was present, and a yisrael was called for the aliya. The second is your case, when a kohen was called for a second aliya and it turns out that there was a levi present. The halacha in both cases is that if the person called started the beracha, he continues it, but if he had not started, then we switch to the correct person.
The logic of switching is two-fold in the respective cases. Giving a second aliya is an exceptional act (needed to protect the reputation of the kohen – see Shulchan Aruch ibid. 8 and Mishna Berura ad loc. 28), as is giving a first aliya to a non-kohen (Shulchan Aruch ibid. 4). Therefore, this is to be avoided when there is no important reason. We are also not hurting the person who is being asked to step aside for the following reasons. The kohen who has already had an aliya is just being held back from doing a second one, which no one else can have, and it cannot be construed as questioning his standing as a kohen. The yisrael who is passed up for a kohen never had claims to the first aliya, and, to not insult him, we keep him at the bima until his time comes to get the third aliya, which is the first available to a yisrael (Shulchan Aruch, ibid. 6).
In the case that the beracha has already been begun and we stick with the "wrong person," we cannot stop him because of the problem of beracha l’vatala (Beit Yosef, Orach Chayim 135, in the name of the Avudraham; Mishna Berura 135:20). While beracha l’vatala is a serious problem, the concern that, when a yisrael was called up instead of a kohen, people will think there is something wrong with the kohen’s lineage, is not severe. People can understand that a mistake occurred (ibid.). We do not call up the kohen afterward because that would actively be making him look like a non-kohen, as a kohen does not get the second aliya if a yisrael got the first one (ibid.).
A not simple point becomes evident from the case of the kohen not being replaced after starting his second aliya. That is that even in the case that he really should not have received this exceptional second aliya, that second aliya still counts toward the number of required aliyot.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
255 - Paying for Job One Thought Was Free
256 - Stopping Kohen Before Second Aliya
257 - Halachic Consequences of Use of Medical Marijuana
Load More
Regarding the opening beracha itself, the Magen Avraham (135:8) says that until one has said Hashem’s name (third word), it is still permitted and correct to stop the beracha. Once he says Hashem’s name, he continues. Although there is a remedy to end a beracha at that point by turning the beracha into the pasuk "Baruch ato Hashem lamdeini chookecha" (Tehillim 119:12), this remedy is not perfect and is not justified in a case like this, so the one who started the berachacontinues. There is an opinion that the above is true only when the correct person just came in, but if he was there but was not noticed, we would stop the beracha after three words and add "lamdeini chookecha" (Be’er Moshe IV:18). However, the consensus of poskim is to not make such a distinction.
Lessons
fast navigation

Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.

The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.

P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)

P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)

Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)

Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)

Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.

Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.











