Aliyah to the Torah for a Mourner Whose Relative Passed Away During Chol HaMoed
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Question
Is it permissible to call up to the Torah during Chol HaMoed someone whose relative passed away during the festival and has not yet begun the days of Shiva?
Answer
He should not be called up to the Torah, however, on Simchat Torah, when everyone is called up, he may be called to the Torah.
Source
Mishna Berura, Siman 668, S"K 16. Nevertheless, regarding being called to the Torah during the festival to include him in the number of those called, it seems that initially, it is not advisable. On Simchat Torah, as written in Pitchei Teshuva, Siman 399, Se'if 1: "See in Shut Dat Esh, Siman 7, where it is written that this matter is private, and it is only usage, unlike Torah study, which is forbidden to a mourner only because of joy, as it is written: 'The precepts of the Lord are right, rejoicing the heart,' and during the festival, it is not forbidden to the mourner since the joy of the festival is a Torah commandment, and mourning is rabbinic. Therefore, it is permitted for the mourner within seven days to be called to the Torah on Shemini Atzeret, and also because it is an ancient custom for all members of the community to be called to the Torah on Shemini Atzeret, and if he is in the synagogue and does not go up to the Torah, it will be a public display of mourning." And although we do not follow as written in Shut Dat Esh, and as explicitly written in Mishna Berura, nevertheless, the second opinion of Dat Esh is also applicable to us, and if he does not go up to the Torah, it will be a public display of mourning.
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