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Buying and Selling (Aliyos) on Shabbos

It is a minhag (custom) to sell the various kibbudim (honors) and aliyos (being called up to the Torah)—even the right to pay for maintenance and utilities—to the congregants of a shul. In many shuls this takes the form of an auction, with bidders vying for the privilege of buying these mitzvos. When executed properly, the bidding can foster many positive results: it prevents machlokes (disputes) as to who receives the honors, supports the shul financially, and also promotes kavod haTorah (respect for the Torah) indicating that mitzvos are valuable and not dispensed freely.

Since these auctions generally take place on Shabbos and Yom Tov, the question must be asked: how is it permissible to disregard the issur d’Rabbanan (Rabbinic restriction) of mekach u’mimkar (buying and selling)?

Some suggest that perhaps the issur of mekach u’mimkar is mitigated since the sale is for a mitzvah that will pass by the time Shabbos is over, and its proceeds are used for tzorchei rabim (communal needs). (There are dispensations which legitimately permit other—but lesser—Shabbos restrictions when associated with a mitzvah or to benefit the community.) However, poskim are not satisfied with this approach and offer justification only b’dochek (with difficulty): since there is no physical transaction with a mitzvah auction—the honor the buyer receives is intangible. Indeed, these auctions are the common custom.

But many authorities urge a yarei Shamayim (person with true fear of Heaven) to view any bids as a pledge to tzedakah (charity), to be fulfilled even if the corresponding kibbud is won by a higher bidder.* In this way, it is similar to the case of a Mi Shebarach—a blessing for health or success— where the beneficiary pledges money to tzedakah; a dispensation for this process exists for Shabbos and Yom Tov.

The time-honored auctions that take place on Simchas Torah—the day we make a siyum (celebration of conclusion) of the yearly cycle of Torah readings and dance with the Torah (and on Shabbos B’raishis as well, when we celebrate the beginning of the new cycle)—are sanctioned by poskim; there is extra dispensation for this minhag that celebrates preeminent kavod haTorah.

* Ostensibly, this stipulation can be fulfilled without yre’ei Shamayim overextending themselves: they can cap an amount they wish to donate to the shul and utilize the pledge to join the bidding many times over until they win!