Kohen Aliya
18. וקדשתו. A Kohen gets the first aliya, then a Levi, then a Yisroel (שו''ע סי' קל''ה ס''ג ). The posuk says we must sanctify the Kohen [וקדשתו ]; Chazal’s tradition is that it means the Kohen is first in all matters of kedusha. Most poskim agree it is a mitzva d’oraisa (שו''ת מהר''ם שי''ק או''ח סי' ס''א; see Issue 137).
19. Asking Kohanim to leave. Thus, l’chatchila Kohanim should not be asked to leave shul so that the aliya can be sold for the shul’s needs, as this negates the mitzvas asei of וקדשתו (שו''ת שיבת ציון או''ח סי' ו', שו''ת אבני צדק או''ח סי' ט'), with the exception of rare occasions and unique, sensitive times due to the great importance of peace (שו''ת חת''ס או''ח סי' כ''ד וכ''ה, שו''ת מנחת יצחק ח''ב סי' מ''א, שו''ת שבט הלוי ח''ח סי' כ''ה, תשובות והנהגות ח''ז סי' כ''א ).
20. Only one Kohen. If there are multiple Kohanim, the Kohen aliya can be sold to honor the Kohen of the buyer’s choosing. If there is just one Kohen present though, there is no reason to sell it, as that Kohen gets the aliya regardless. Thus, if the Kohen aliya was sold with the understanding that there were multiple Kohanim present and a Yisroel bought it intending to honor a Kohen, and then it became clear that Kohen was the only one present, the Yisroel does not need to pay for the aliya since the sale was pointless and made mistakenly.
21. Kohen entered after sale. If no Kohanim were present when the aliyos were sold and a Yisroel bought the aliya, and then a Kohen arrived before Krias HaTorah, the sale stands. There is no need to honor the Kohen since he was not present at the time of the sale, combined with the fact that some poskim hold the Kohen aliya may be sold to someone else (מו''ר בעל שבט הקהתי בס' וישמע משע ח''ד).
Deception Regarding the Price
22. Raising the price. One who does not want to buy may not bid for a mitzva or aliya in shul with the sole intention of raising the price. This involves deception, sheker, and geneivas daas, and it is a מצוה הבאה בעבירה (חיד''א יוסף אומץ סי' נ''ז, מהרש''א ח''א סוכה דף כ''ט ע''ב, חוט שני חובות שבלב עמ' שנ''ט ).
23. If one bid just to raise the price and a second person bought it, the second person must pay the full price even if he finds out the price was improperly raised (הגרח''מ וואזנר קובץ שערי הוראה חי''ז עמ' קפ''ט ). If the one who raised it made the final bid, he must pay the full price since he committed to doing so.
24. Selling for cheap. Similarly, a gabbai should not intentionally end a sale on a specific person’s low bid if there are still others who might bid higher, as doing so deprives the tzedaka fund. An exception can be made in a very sensitive situation, e.g., if this person really has more of a chiyuv to get an aliya than others, but the minhag in that place is to sell aliyos anyway.
25. Even if the shul rav makes a bid in a public auction, anyone who actually wants to buy can outbid him, as when it comes to mitzvos, we do not bestow honor on the rav (חיד''א, לדוד אמת פ''ב ס''ג ), unless it is known that the rav will be very distressed, in which case one must weigh the cost of the mitzva versus its reward (כ פה"ח סי' קל''ד סקל''א ). [I remember that once, when the Gaavad of Yerushalayim זצ"ל wanted to buy an aliya on Rosh Hashana for a family member, he asked a regular mispallel to bid on his behalf for the aliya. He did not want people to know the Gaavad wanted to buy it so as not to deprive the beis medrash. He paid about $2,000 for it.]
Presence for the Selling of Aliyos
26. One should be present when the aliyos are sold, as it is a form of honor to the Torah – when something prestigious and valuable is sold, its prestige and honor are shown. One certainly should not leave the beis medrash to evade taking a share in the shul’s expenses. The Chofetz Chaim protested against people who show disrespect by leaving while the aliyos are sold to make another minyan (אהבת חסד ח''ב פט''ז בהג''ה ).
27. Similarly, it is improper to speak or get caught up with idle chatter when aliyos are sold, as doing so shows disregard for the things being sold. In a public real estate or antique Judaica auction, one would sit solemnly and not speak. When aliyos are sold to honor the Torah, it is certainly proper to respect the occasion and not to show disregard. However, one may learn at that time or read Torah pamphlets...
28. A good purchase. Also, when a gabbai starts the auction at a nominal price and no one is bidding, it shows disregard, as though it were an item people are not eager to buy. Thus, if one sees this, it is proper for him to make a bid, simply to show honor for the Torah and that it is a good purchase.
