Question: May a bar mitzvah boy (a few days older than 13) lein Parshas Zachor?
Short Answer: The opinion of many poskim is that such a boy should not lein Parshas Zachor.
Explanation:
I. Child Leining
The Mishnah (Megillah 24a) writes that a katan may “read from the Torah.” In the times of the Gemara, since the person who got the aliyah also leined that aliyah himself, presumably this means that not only may a katan get the aliyah, but he may also lein it himself.
The Shulchan Aruch (Orach Chayim 282:3) codifies this Gemara, holding that a katan counts towards the seven aliyos. The Rama (ibid) notes that a katan only “counts” towards the seven aliyos; you may not, however, have all seven aliyos made up of k’tanim.
The sefer Chinuch HaBanim K’Hilchaso (22:1-3) sets forth numerous reasons from the Rishonim and Acharonim why we are lenient and allow a katan to partake in k’rias HaTorah. First, the entire point of k’rias HaTorah is to read the Torah for others, which is different from being motzi their obligation. In other words, k’rias HaTorah is a chovas ha’tzibur (communal obligation) and not a chovas yachid (personal obligation). Second, even if k’rias HaTorah is a personal obligation, a katan may be motzi others in this obligation because it is only a rabbinic obligation. Third, because leining is difficult, it would be too difficult to require only adults be the baalei k’riah, so the original takanah allowed for a katan to lein, as well.
II. The Magen Avraham’s Stringency
The Magen Avraham (Orach Chayim 282:6) cites the Ram MiLondarsh who held that a child may not be the baal k’riah until he “brings two hairs,” i.e., has signs of physical maturity, and is considered an adult. This Magen Avraham is codified in the Mishnah B’rurah (13), who explains that we do not permit a child to be motzi an adult in k’rias HaTorah. However, if it is a “sh’as ha’d’chak,” such as if there is no other baal k’riah, the Mishnah B’rurah holds that there is room to be lenient.
The Shaar HaTziyon (16) notes that the P’ri M’gadim challenges this Magen Avraham based on the Mishnah (above), which appeared clear that a child may be a baal k’riah. The Shaar HaTziyon defends the Magen Avraham by noting that the Mishnah only allowed a child to “count” for the seven aliyos, but, as the Rama himself held, a minyan may not fill all seven aliyos with children. Thus, we permitted a katan, who is getting one aliyah, to also lein. However, he may not be the baal k’riah for all seven aliyos.
The Chinuch HaBanim K’Hilchaso (22, n. 17) suggests that maybe according to the Shaar HaTziyon, it would be permitted for a katan to be baal k’riah for one aliyah (not all seven) nowadays. He dismisses this thought though, as we do not permit a child to get an aliyah nowadays (see Mishnah B’rurah 282:12).
III. The Wrong Week
But what constitutes “sh’as ha’d’chak” that we allow a child to lein? If a bar mitzvah boy accidentally prepared the wrong bar mitzvah parshah and now wants to lein a few days before he turns 13, do we allow it?
The Igros Moshe (Orach Chayim 2:72) holds that he cannot lein before his bar mitzvah and suggests a novel reasoning to explain the Magen Avraham. The baal k’riah functions as the shaliach for the community. Thus, a katan, who cannot be a shaliach, cannot be the baal k’riah, even in a sh’as ha’d’chak. The Igros Moshe wonders why the P’ri M’gadim (and the Mishnah B’rurah) were lenient in sh’as ha’d’chak. Nevertheless, Rav Moshe does conclude by noting that if the bar mitzvah boy and his family are very distraught, perhaps there is room to be lenient like the P’ri M’gadim.
Interestingly, the Chinuch HaBanim K’Hilchaso (22, n. 24) cites Rav Pinchas Hirschprung zt”l who allowed the bar mitzvah boy to be baal k’riah before his bar mitzvah if he was very upset.
IV. Child Receiving Aliyah of Zachor
The Rama (Orach Chayim 282:4) cites two opinions on whether a child may receive the aliyah of the four parshiyos. The Mishnah B’rurah (23) and Biur Halachah conclude that a child should not receive maftir for the four parshiyos, but he may receive maftir for a regular parshah, if he knows how to read well.
It appears from the Mishnah B’rurah that a child may not lein maftir for the four parshiyos, as well. See Chinuch HaBanim K’Hilchaso (22:11). Indeed, this is the clear ruling of the Shaar HaTziyon (27), who holds that a child should not lein the four parshiyos.
V. Zachor for a Bar Mitzvah Boy
But what about a bar mitzvah boy? May he read Zachor? (He is above bar mitzvah, albeit only by a few days.)
By way of background, the Gemara (Niddah 46a) cites the famous statement of Rava (“chazakah d’Rava”) that a child who reaches the age of bar or bas mitzvah can be presumed to have also reached the age of physical maturity and therefore is considered an adult for halachah.
The poskim, as codified in the Mishnah B’rurah (Orach Chayim 55:31), limit this chazakah of Rava to issues of d’Rabbanan – the boy is considered an adult at 13 only for laws that are d’Rabbanan, but not d’Oraisa. Accordingly, the Mishnah B’rurah (Orach Chayim 282:13) holds that a 13-year-old may lein a regular parshah (as k’rias HaTorah is only d’Rabbanan).
However, since Zachor is d’Oraisa, we would not allow a bar mitzvah boy to lein based on chazakah d’Rava. This is the clear ruling of many poskim, including the Avnei Yashfe (1:130) and the Sh’arim M’tzuyanim B’Halachah, who hold that the chazakah d’Rava does not allow a bar mitzvah boy to lein Zachor.
However, the Divrei Yetziv (1:45), in a long discussion about following chazakah d’Rava even for a d’Oraisa, mentions that the minhag in many places is that a bar mitzvah boy does lein Zachor, even if it is d’Oraisa. Additionally, the Chinuch HaBanim K’Hilchaso (22, n. 36) reasons that perhaps we have a s’feik s’feika: whether the boy is halachically a gadol, and even if not, maybe Zachor in a sefer Torah is not d’Oraisa.
Amazingly, the Chinuch HaBanim K’Hilchaso (ibid) cites P’as Sadecha who held practically that, to avoid machlokes, a bar mitzvah boy may read Zachor, as maybe Zachor is only d’Rabbanan, and maybe we follow the opinions (above) that even a child may get the aliyah (and lein) Zachor.
The T’shuvos V’Hanhagos (3:220) rules that even though you can simply ask the bar mitzvah boy if he has reached physical maturity (and we would then rely on his words together with chazakah d’Rava!), it is inappropriate to do so and therefore it is better that we not have him lein.
Finally, in the sefer Otzar Bar Mitzvah, Rav Ephraim Hecht, p. 517) cites Rav Yaakov Edelstein zt”l who ruled that a bar mitzvah boy who accidentally prepared Zachor may lein, but an adult should immediately repeat Zachor right after him.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
