Arbitrating Synagogue Disputes: Who Gets the Aliya?

Rav Eliezer David Greenwald of Satmar was once called upon to arbitrate in an interesting dispute that had arisen.[1] In a certain congregation, there was a custom that at the beginning of the year they would auction off all the Aliyot of the entire year. Among the winners of the auction was an individual who successfully purchased every maftir Aliya for the entire year. So too, there was an individual who purchased the fourth Aliya of the Rosh Chodesh Torah reading for the entire year.

While these two Aliyot may appear to be completely separate and independent of each other, there are times when they can collide, allowing for a possible conflict. This is because when Rosh Chodesh coincides with Shabbat, the reading that would normally be read for the fourth Aliya on a weekday Rosh Chodesh, is read as the maftir Aliya.

On the first “Shabbat Rosh Chodesh” of the year, a disagreement broke out as to who should receive this Aliya: the one who purchased every Maftir Aliya of the year or the one who purchased the fourth Aliya of every Rosh Chodesh Torah reading for the year. Each one argued that the Aliya should go to him.

Rav Greenwald ruled that the fellow who purchased the maftir Aliyah for the entire year should get the Aliya. This is true even though the contents of the aliya are those of the fourth Aliya of a regular Rosh Chodesh reading. He argued that the very name of the Aliyah, the “maftir” Aliya, testifies as to who should receive it. Even more interesting was the secondary consideration that contributed to his ruling. He said the since the one who purchased the maftir Aliya paid more for his purchase, he has the upper hand in a situation of doubt or uncertainty. Indeed, according to halacha, the purchase price of an item will sometimes secure for the item, or its owner, additional weight and consideration in the event of a dispute, a concept known as "hadamim modi’im."[2]

[1] Keren L'david, OC 28.

[2] See for example, Bava Batra 92a and CM 312:1 with commentaries.

PreviousNext