“Question: Can an individual who is not fasting be called up for an aliya on a ta’anis tzibbur?
Discussion: Regarding a shli’ach tzibbur, the Tur (Orach Chayim Siman 566 se’if 5) quotes an opinion in the Rishonim (Rav Nosson) that maintains that an individual who is not fasting cannot serve as the shli’ach tzibbur [during Shacharis or Mincha] on a ta’anis tzibbur because he will not be able to recite “anenu” during chazoras hashatz [because he is not fasting]. The Tur questions this opinion (because he does not say in anenu “… on the day of my ta’anis”; rather “… on the day of this ta’anis” and it is indeed a ta’anis for others), and concedes that it is ideal that only one who is fasting should serve as the shli’ach tzibbur, but if this is not possible then even an individual who is not fasting may serve as the shli’ach tzibbur.
The Maharik writes that if there is a [lone] Kohen who is not fasting in Shul, he should leave Shul before keriyas hatorah, and a Yisroel who is fasting should be called up instead The Beis Yosef (ibid) infers from the Maharik that a non-fasting individual should not receive an aliya on a ta’anis.
The Chasam Sofer (Responsa, Orach Chayim #157) writes that the Maharik and Beis Yosef are only discussing a ta’anis bahab, where an individual who is not fasting has no connection to the ta’anis. However, regarding a regular ta’anis tzibbur that is incumbent upon every individual, even those who are not fasting are technically obligated in the ta’anis [but they are exempt because of illness etc.] and therefore can receive an aliya. The Chasam Sofer (ibid) even suggests that if an entire tzibbur are not fasting they may still be able to lein “vaychal”, but appears hesitant to rule like this lema’aseh. However, the Chasam Sofer does clearly rule that an individual who is not fasting can receive an aliya on a ta’anis tzibbur when the tzibbur are fasting.
The Aruch Hashulchan (Orach Chayim Siman 566 se’if 11) makes a similar distinction and writes that the ruling of the Beis Yosef applies only to a ta’anis tzibbur that is not a fixed obligation; however, regarding a fixed ta’anis tzibbur even one who is not fasting can receive an aliya.
It should be noted that the predominant minhag is not in line with the view of these two great luminaries; rather the minhag is that an individual who is not fasting does not receive an aliya, and in the event that the entire tzibbur are not fasting there should be no keriyas hatorah (c.f. Sha’arei Teshuva Siman 566 s.k. 3 who discusses the minimum number of people who are fasting in order to have keriyas hatorah; c.f. Mishna Berura s.k. 14; Igros Moshe Orach Chayim volume 4 response 113; see sefer Ishei Yisroel perek 44 footnote 68 who brings a list of Poskim who do not rule like the aforementioned Chasam Sofer).
The Bach (Orach Chayim Siman 566 d.h. “d’shliach tzibbur”) infers from the aforementioned Tur that just like it is possible (albeit not ideal) for a non-fasting individual to serve as shli’ach tzibbur, a non-fasting individual can also be called up for an aliya on a ta’anis. The Bach acknowledges that the minhag is that individuals who are not fasting do not receive aliyos, and concludes that if an individual who is not fasting was accidentally called up on a ta’anis he may have the aliya [once he has already been called up].
The Shulchan Aruch (Orach Chayim Siman 566 se’if 6) rules that a non-fasting individual should not receive an aliya on a ta’anis. Also, if a Kohen is in Shul and is not fasting, he should leave Shul and a Yisroel should be called up instead of him. [Obviously, if there are other Kohanim in Shul there is no need for the non-fasting Kohen to leave but he should ensure that another Kohen is called up instead of him.]
The Magen Avraham (s.k. 8) adds that if the ta’anis occurs on a Monday or Thurday, then during Shacharis a non-faster may receive an aliya because there would be keriyas hatorah on this day even without the ta’anis [and the keriyas hatorah is applicable to the non-faster as well].
The Mishna Berura (Siman 566 s.k. 20) adds that not only should one who is already not fasting not receive an aliya; but even an individual who is currently fasting but intends not to complete the fast should also not receive an aliya.
Conclusion: An individual who is not fasting on a ta’anis tzibbur, or even intending not to complete the ta’anis, should not receive an aliya.
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