The Dilemma

This could be an awkward moment. The gabai at an Ashkenazi beit knesset calls a Sephardic Jew for shlishi during Mincha on a ta’anit (fast day). This oleh not only receives an aliyah but also reads the haftarah. It seems like a highly regarded honor but yet it poses a serious dilemma for a Sephardic Jew. After all, it is the Rama (Orach Chaim 566:1) who records the practice to read the beautiful haftarah of “Dirshu Hashem B’Himatz’o” (Yeshayahu 55:6 to 56:8) and not Maran Rav Yosef Karo. Sephardic Jews do not recite a haftarah at Mincha on a ta’anit (with two notable exceptions).

May the Sephardic Jew accept the aliyah and recite the haftarah with all of its brachot? Perhaps it is forbidden for the Sephardic Jew to accept this aliyah, since by his standards it is regarded as an unnecessary utterance of a bracha (bracha l’vatala)? Interestingly, such an incident occurred to Shalom Shushan, the gabbai of Shaarei Orah, during one ta’anit when he prayed at an Ashkenazic synagogue.

The Background

The Gemara toward the end of Masechet Megilla (30b-32a) outlines the Torah and haftarah readings for the various occasions in Jewish life. The readings specified for ta’aniot are the Torah and haftarah selections for Shacharit of Tisha B’Av morning. Similarly, the Rambam mentions only these two readings.

In addition, the Mishna mentions a special reading for Shacharit and Mincha on a fast day—the brachot and klalot (blessings and curses) of Parshat Bechukotai. The Rambam and Tosafot (Megilla 31b s.v. Rosh Chodesh) codify Masechet Sofrim (17:7), which states that instead we read Moshe Rabbeinu’s praying for forgiveness of the Cheit HaEigel (Shemot Perakim 32 and 34). Both Ashkenazic and Sephardic Jews follow this practice (Shulchan Aruch Orach Chaim 566:1).

In addition, the Masechet Sofrim (17:6) notes varying practices regarding the haftarah for Mincha on a ta’anit. It notes that some advocate the recital of the haftarah of Dirshu while others do not. Masechet Sofrim notes that the dominant practice is to recite this haftarah. Nonetheless, the varying practices persist, as noted by the Rabbeinu Yerucham. The Beit Yosef (Orach Chaim 575) records that Sephardic Jews follow the practice of the Rambam and the Avudraham to refrain from reciting a haftarah for Mincha on a ta’anit (except for Tisha B’Av, as we shall discuss).

The Resolution

Returning to our scenario of a Sephardic Jew called for the third aliyah at a Mincha of a ta’anit at an Ashkenazic congregation. May he recite the haftarah with its brachot? In order to resolve this dilemma we must discover the reason behind the Sephardic practice.

The Beit Yosef (op. cit) explains that the concern is torach tzibur (imposing an improper burden on the community). This is a very-well-founded concern. After all, the Mishna (Megilla 21a) articulates the principle that a haftarah is not recited on a workday. Rashi explains that reading a haftarah on such a day is too burdensome for the community when they are pressured to rush to work. Thus, since fast days are work days, it is inappropriate to read a haftarah on such a day.

Based on this ruling, Rav Ovadia Hadaya (Teshuvot Yaskil Avdi 6:9), a leading mid-20th-century Sephardic posek, permits a Sephardic Jew to read the fast day haftarah at an Ashkenazic kehilla. He reasons that since the concern of the Sephardic tradition is merely for torach tzibur, the Sephardic Jew may read the haftarah at the Ashkenazic beit knesset. After all, the Sephardic Jew is not creating an added burden to the community, since the community in any event will be reciting the haftarah.

Rav Hadaya forbids a Sephardic Jew who blows the Shofar at an Ashkenazic kehilla on the second day of Rosh HaShanah to recite a Shehechiyanu, since according to Sephardic practice this would constitute a bracha l’vatala (Shulchan Aruch Orach Chaim 601:3). However, in this case, there is no fundamental objection to the recital of the brachot on the haftarah, only the issue of torach tzibur.

Similarly, although Chacham Ovadia (Teshuvot Yechave Da’at 4:31) forbids a Sephardic Jew who is serving as a chazan at an Ashkenazic minyan to recite the bracha on Hallel on Rosh Chodesh (see Shulchan Aruch Orach Chaim 422:2), he endorses this ruling of Rav Hadaya (Yalkut Yosef Moadim page 566). However, he advises trying to avoid receiving the aliyah if possible.

Two Possible Exceptions: Tisha B’Av and Tzom Gedalia

Most Sephardic Jews, however, do read a haftarah for the Mincha of Tisha B’Av, as noted by Rav Ovadia (Teshuvot Yechave Da’at 5:40). Although this runs counter to the rulings of the Rambam and the Shulchan Aruch, it does follow the practice of the Avudraham. Rav David Avudraham composed a most authoritative work on the siddur, a fact acknowledged by the Beit Yosef (Orach Chaim 425). Moreover, the logic for this approach is compelling. There is no concern for torach tzibur on Tisha B’Av since work is discouraged on this day (Shulchan Aruch Orach Chaim 696:1). Indeed, Chazal already mandated a haftarah for the morning of Tisha B’Av.

Finally, the fact that this constitutes minhag Yerushalayim (the practice of Jerusalem, as noted by Teshuvot Sadeh HaAretz 3: Orach Chaim 28) and that the Beit Yosef (op. cit.) notes that the practice of Sephardic Jews is to recite a haftarah at Mincha of Tisha B’Av, clinches the ruling for Chacham Yosef. However, unlike Ashkenazic Jews, for whom Dirshu is the selection for this haftarah, Sephardic Jews read Shuva Ad Hashem (Hoshei’a Perek 14).

Interestingly, Moroccan Jews recite the haftarah of Dirshu Hashem B’Himatz’o at Mincha of Tzom Gedalia. This is the only time of the year they recite this haftarah. This practice is in accordance with the ruling of Maran Rav Yosef Karo, as stated in the Shulchan Aruch (Orach Chaim 428:8). Indeed, its source is Tosafot (op. cit.), citing from the pesikta. The logic of this practice is compelling, as noted by Mishna Berura (428:24), since Dirshu Hashem B’Himatz’o (seek Hashem when He is present) refers, according to Chazal, to the Aseret Yemei Teshuva.

Nonetheless, minhag Yerushalayim does not subscribe to this practice, despite the ruling of Maran. This practice is recorded by great Sephardic poskim such as Maran HaChida (Teshuvot Chaim Sha’al 2:38:91), the Kaf HaChaim (428:47) and Rav Ovadia Yosef (op. cit.). Minhag Yerushalayim accords with the Beit Yosef’s report that Sephardic Jews recite a haftarah at Mincha of a ta’anit only on Tisha B’Av. In addition, this practice fits with the mishna in Megilla that teaches that a haftarah is not recited on a workday due to concern for torach tzibur.

Conclusion: The Practice at Shaarei Orah

We at Congregation Shaarei Orah, the Sephardic congregation of Teaneck, celebrate and respect the wide range of halachic practices. Regarding the recitation of a haftarah at Mincha on a ta’anit, we follow the Beit Yosef recording that Sephardic Jews recite a haftarah at Mincha only on the ta’anit of Tisha B’Av when we recite the selection from Hoshei’a, Shuva Ad Hashem.

By Rabbi Haim Jachter

Rabbi Haim Jachter is the spiritual leader of Congregation Shaarei Orah, the Sephardic Congregation of Teaneck. He also serves as a rebbe at Torah Academy of Bergen County and a dayan on the Beth Din of Elizabeth.