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Answer: The classical source on the topic is the Maharil (15th century, Ashkenaz), based on the Maharam. In contrast to the rabbi who asked him the question, the Maharil (Shut 128) states that the minhag is that an avel does not serve as a chazan on Shabbat and Yom Tov or on Rosh Hashana and Yom Kippur. The Rama (Yoreh Deah 376:4) cites this minhag in regards to Shabbat and Yom Tov and adds on "… even though there is no prohibition in the matter." The Shach (ad loc. 14) and Pitchei Teshuva (ad loc. 8) posit that the rule is the same for the Yamim Noraim.
The Meir Netivim (80) posits that there is no problem with an avel being a chazan on special days. What the sources are saying is that as opposed to a regular weekday, when an avel makes a point of being the chazan, the minhag is that they do not make an effort on Shabbat, etc. However, if it works out for the avel to do so, there is no reason to stop him.
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There is another approach to the reason for the avel not to be chazan on special days. The Pri Megadim (Eshel Avraham 581:4) invokes the idea (see Taz, OC 660:2) that during aveilut, there is an element of din (strict judgment) that hangs over the avel. Therefore, it is unwise for the community to be represented by one who is more likely than usual to attract negative judgment. According to this approach, even if the avel decides that he wants to be chazan, it is appropriate for the tzibbur to refuse. The Pri Megadim raises another ramification of this approach. Although the onset of Rosh Hashana after completion of shiva removes the halachic status of avel from a mourner for a relative other than a parent, the spiritual situation of the effect of din continues until thirty days have passed. Therefore, even such a person should not be a chazan at that point.
The Maharil (ibid.) says that if there is no viable alternative to the avel as chazan, then he is allowed to serve. The biggest difference in practice between different communities is in determining what is and is not an alternative. According to some (see opinions Divrei Sofrim, YD 376:92), it is enough that the chazan serves on a yearly basis so that it not look as if he is being chazan because he is in aveilut. The Afarkasta D’ania (I:156) explains that we don’t want it to look like the deceased is wicked, as others do not need protection on special days. He also suggests that having been chazan once before is enough (once may create chazaka rights – Shaarei Teshuva 581:7). The Mateh Ephrayim (581:24) says that it is permitted as long as the avel is clearly more qualified (on cantorial or religious grounds) to the alternative. If the avel receives payment that is financially significant for him, this is reason for leniency (ibid.).
In a past discussion, about an avel as chazan on Rosh Chodesh, we explored the topic of whose decision it should be to allow the avel to serve as chazan; the findings were not conclusive. This is true here as well, and much depends on the reasons given above. It is best if a decision is made based on consultation between the rabbi and the chazan, and it is best if all involved explore the matter with flexibility and sensitivity. Certainly, a congregant should not make a fuss over the matter (see Meir Netivim ibid.).
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
