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H arav M or de ch ai Fi s hm an Aruch Hashulchan (Y”D 293) has along discussion on this topic and is melamed
zechus on those who are not concerned about only eating yoshon in the diaspora.
Rav, Zeirei Agudas Yisroel
The Knesses Hag’dolah (circa 17th century) writes (O”C 282) that one should
not call a person for an aliyah if he does not observe a mitzvah mentioned in the
Whom to call for Levi on the First Days of Succos Torah portion being read. For example, a person who is not concerned about
promiscuity should not be called for the sixth aliyah in Parshas Acharei Mos or
n the first days of Sukkos the Krias Hatorah is from Parshas Emor. on Yom Kippur by Mincha. Also, a person who shaves with a razor should not be
The Levi’s aliyah (except on Shabbos, when it is the fourth aliyah) called for the third aliyah in Parshas Kedoshim as the pasuk (Vayikra 19:27) says
ָ
O commands us not to eat the grain of the new harvest until the 16th ךֽ ֶנ ָ ק ְז ת֥ ַא ְּ פ ת֖ ֵא תי ִ֔ח ְׁ ש ַת א ֣ ֹל ְו ם֑ ֶכ ְׁ שאֹר ת֖ ַא ְּ פ ּופ ִּ֔ ק ַת א ֣ ֹל - You shall not round off the
of Nissan, when the Korbon Omer is brought. Nowadays, we refer to this side-growth on your head, or destroy the side-growth of your beard.
halacha as only eating foods that are “yoshon,” i.e. foods made from the grain of The Sha’arei Ephraim (chapter 1:34) rules that a person who is suspected of
the “old” crop. These halachos apply to anything made from the “five grains,” living with one of the forbidden arayos, should not be called to the Torah for
wheat, barley, spelt, rye and (traditionally) oats (although there is some the reading of the arayos, unless his activities are public knowledge and there is
discussion about the latter). The pasuk (Vayikra 23:14) says ל ֶ֜מ ְר ַכ ְו י ִ֨ל ָ ק ְו ֩ם ֶח ֶל ְו reason to believe that by calling him up it will shame him publicly, which would
ם ֶ֔כי ֵת ֣ ֹרֹד ְל ֙ם ָלֹוע ת ַּ֤ ק ֻח ם֑ ֶכי ֵהֹל ֱא ן֖ ַּ ב ְר ָ ק־ת ֶא ם ֶ֔כ ֲאיִ֣ב ֲה ד ַ֚ע ה ֶ֔ ּז ַה םֹוּ֣י ַה ֙ם ֶצ ֶ֙ע־ד ַע ּו ֗ל ְכא ֽ ֹת א ֣ ֹל motivate him to refrain from such activities. The Sha’arei Ephraim also rules
םֽ ֶכי ֵת ֽ ֹבְׁ שֹמ ל ֖ ֹכְּ ב - Until that very day, until you have brought the offering of your that a person who publicly flaunts Torah and Mitzvos should not be given an
God, you shall eat no bread or parched grain or fresh ears; it is a law for all time Aliyah, since his b’rochos are despicable in the eyes of Hashem. It is important
throughout the ages in all your settlements. to note that Reb Moshe Feinstein (O”C 3:21) rules that a non-religious person
The Mishnah (Kiddushin 1:9) cites a dispute between the Tanna Kamma who believes in Hashem may be called to the Torah if not doing so will cause a
and Rebbi Eliezer whether the prohibition of eating grains of the new crop machlokes. However, members of the Reform and Conservative movement who
(“chadash”) only applies in Eretz Yisrael or applies in the diaspora as well. The knowingly deny the truth of the Torah should not be called.
Gemara (ibid 37a) discusses whether the Tanna Kamma or Rebbi Eliezer is The Chasam Sofer (O”C 15) says that his Rebbi, HaRav Nosson Adler, zatza”l,
more lenient regarding eating the new crop. The Gemara concludes that Rebbi based on the premise of not calling a person for an aliyah containing a mitzvah
Eliezer is more stringent and deduces from םכיתבשמ לכב that the prohibition that they don’t keep, refrained from calling a Levi on the first days Succos
includes all places where a Jew finds himself living. The Gemara (Menachot who did not refrain from eating chadash, so they should not read the pasuk
68b) cites a dispute whether the prohibition of chadash in the diaspora is only that forbade it. [As an aside, on a year like this which is a Sh’mita year, HaRav
rabbinic in nature or whether it is a Torah prohibition. Nosson Adler was careful not to give an aliyah on Shmini Atzeres (a Kohen on

The Ri”f, Rosh (Kiddushin 37) and the Rambam (Ma’acholos Asuros 10:2) Shabbos or a Levi on a weekday) a person who did not write a pruzbal before
rule that chadash is a Torah prohibition in the diaspora. The Ta”z (Y”D 293:4) Rosh Hashana yet was still collecting his debts. He felt that giving these aliyos
questions this ruling and quotes some who are lenient and allow the eating to people who were not careful about these mitzvos was inappropriate.]
of chadash (especially when grown by a non-Jew) in the diaspora. The Magen Obviously, I am not suggesting that any shul should change their custom as to
Avraham (O”C 489:170) seems to rule that only things grown “close” to Eretz whom to call for an aliyah. Nevertheless, by taking the time to think about the
Yisrael would be included in the prohibition of םכיתבשמ לכבand implies that Krias Hatorah, even when there is no obligation of shnayim mikrah, we will
one can be lenient with the laws of chadash in the rest of the diaspora. The likely have a more meaningful Yom Tov.

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