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Chanukah:Kerias Ha Torah on Shabbos Rosh Chodesh Teives No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim.
The Gemara in Megillah (29b) states that when Rosh Chodesh Teives falls on Shabbos, three Sifrei Torah are brought out; one is used for reading the regular Parshas HaShavua, one is for the special reading of Rosh Chodesh, and one is for the special Chanukah reading. The Shulchan Aruch (Orach Chaim 684:3) rules accordingly, and adds that six people are called up to the first Torah for the Parshas HaShavua reading, one person is called for the Rosh Chodesh reading, and one, the Maftir, for the Chanukah reading. The Magen Avraham (Ibid. Sif Katan 2) and the Taz (Ibid. Sif Katan 3) both explain that this particular order for the readings is based on the rule of Tadir V'Sheaino Tadir-Tadir Kodem, meaning that when more than one activity must be done, the more common activity, in this case, the more common reading, goes first. Tosafos in Shabbos (23b s.v. Hadar Pashtah) points out that although the Gemara (Ibid.) says that the obligation of Pirsumei Nisa, publicizing the miracle, an important element in the observance of Chanukah, overrides the aforementioned rule of Tadir, so that perhaps the Chanukah reading should actually go first, this is true only if it is impossible to accomplish both activities; only then does the activity involving Pirsumei Nisa take precedence. But here, where both adhering to the rule of Tadir and fulfilling the Mitzvah of Pirsumei Nisa can be accomplished, we follow the rule of Tadir. Tosafos (Ibid.) also points out, among other things, that Chazal wanted us to read the Haftorah for Chanukah (Neros D'Zechariyah) on this Shabbos and it thus is preferable to conclude with the Chanukah reading in order to connect the final Torah reading with the Haftorah. Our custom, as indicated in the Shulchan Aruch (Orach Chaim 282:4 and see Ibid. in Mishnah Berurah Sif Katan 19), is to recite the Kaddish which follows Kerias HaTorah on a regular Shabbos following the completion of the reading of the entire Parsha, prior to calling up the Maftir; it is worth noting that according to Tosafos in Megillah (23a s.v. Keivon), at one time there was a different practice. This is also our custom when we read from two Sifrei Torah, as noted by the Ramo (Ibid.); Kaddish is recited after the Parshas HaShavua has been read from the first Torah and before the Maftir is read from the second Torah. When, however, should this Kaddish be recited on a day when we read from three Sifrei Torah? The Rivash (Sheilos V'Teshuvos HaRivash Siman 321) cites different customs, as quoted in the Beis Yosef in his commentary on the Tur (Orach Chaim Ibid. s.v. Katuv B'Shibolei HaLeket), but the Beis Yosef himself (Ibid.) concludes that no Kaddish should be recited after reading from the first Sefer Torah, because only six people will have been called up. Rather, the Kaddish is recited after reading from the second Sefer Torah, and after seven people have been called up, as is the obligation on every Shabbos. This is also the opinion of the Rosh in Megillah (Perek 3 Siman 5), and it is apparently accepted by the Ramo (Ibid.); this indeed seems to be the prevalent practice, at least in Ashkenazic communities. The question is, what if there is a Bar Mitzvah or a Chosson in a Shul and there is thus a need to call up additional people to the first Sefer, such that when the reading from that Sefer is completed, seven (or more) will indeed already have been called up? Do we then recite this Kaddish after reading from the first Sefer? Rav Ovadyah Yosef (Sheilos V'Teshuvos Yechaveh Daas Chelek 1 Siman 76 and Sheilos V'Teshuvos Yabea Omer Chelek 4 Orach Chaim Siman 22) suggests that this may depend on two opinions which are also cited by the aforementioned Beis Yosef (Ibid.). The first opinion is that on Simchas Torah, when we also read from three Sifrei Torah, although many more than seven people are called up to the first Sefer (as the practice is to give everyone present an Aliyah), the Kaddish should still not be recited until after reading from the second Sefer, in order not to make any distinction between the various days on which we read from three Seforim. According to this, on Shabbos Rosh Chodesh Teives, it would thus be improper to recite the Kaddish after reading from the first Sefer, even if more people were called up to the Sefer, in order not to make this distinction. The second opinion, however, is that there is no Kaddish following the reading from the first Sefer on Simchas Torah so that the Soton, the prosecuting angel, will not have the chance to claim that the Jews have finished the Torah with the reading of Parshas VeZos HaBeracha and have no desire to begin again with Parshas Bereishis; we therefore continue immediately with Parshas Bereishis, which is read from the second Sefer, without an interruption. If this is true, then on Shabbos Rosh Chodesh Teives it would be acceptable to say Kaddish after reading from the first Sefer, because this problem with the Soton does not exist. This is, in fact, how Rav Ovadyah Yosef himself (Ibid.) rules, and he cites numerous authorities who agree. (Interestingly, many Sephardim have the practice to recite Kaddish after reading from each of the three Sifrei Torah.) Rav Moshe Feinstein, when discussing another issue (Sheilos V'Teshuvos Iggros Moshe Orach Chaim Chelek 1 Siman 101), quotes a dispute between the Rosh and the Maharam of Rothenburg, cited in the Tur (Orach Chaim Ibid.), which may shed light on our question. He explains that the Rosh holds that in general, the Kaddish should follow the fulfillment of the primary Kerias HaTorah requirement for that particular day regardless of how many people have been called up, while the Maharam holds that the obligation to have seven Aliyos also creates an obligation to recite Kaddish. Rav Feinstein continues to explain (Ibid.) that on Shabbos Rosh Chodesh Teives, when one of the seven Aliyos is assigned to the Rosh Chodesh reading, as explained above, this becomes part of the day's primary obligation, so a Kaddish must follow this reading. According to the Rosh, therefore, even if seven or more people have been called up to the first Sefer, the Kaddish should still be recited after reading from the second Sefer, since only then is the day's primary obligation complete (and if a Kaddish had been recited after reading from the first Sefer, another would have to be recited after reading from the second). But the Maharam may perhaps hold that since the obligation to have seven Aliyos also generates a requirement to say Kaddish, it would be proper (at least L'Chatchilah) to say Kaddish after reading from the first Sefer (if seven people have been called up) as well as after reading from the second. Our question may thus depend on this dispute.
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