The Prohibition Against Using the Services of a Kohen
The verse וְקִדַּשְׁתּוֹ – “You shall sanctify him” (Vayikra 21:8) commands us to acknowledge the sanctity of male Kohanim by showing them respect. An integral part of this mitzvah is the prohibition against using a Kohen’s services for one’s personal needs.73 It is forbidden for a non-Kohen to ask a Kohen to serve him or another person.74 Both men and women are included in this mitzvah.75
The basic halachah allows the Kohen to forgo his honor and perform services for non-Kohanim.76 However, this should not be done lechatchilah, and certainly, the non-Kohen should not ask the Kohen to perform a menial task on his behalf.77 Nonetheless, in the following scenarios, it is permitted to benefit from services provided by a Kohen:
If a Kohen receives payment or if he is serving a distinguished person and derives pleasure from serving him, it is permitted to ask the Kohen to serve the non-Kohen.78
If a Kohen offers to serve a non-Kohen without being told to do so, it is permitted to accept his offer.79
In a professional capacity, a Kohen may perform even menial services for non-Kohanim. For instance, it is permissible for a Kohen to serve as a nurse or physical therapist for non-Kohanim. However, if possible, it is better for a Kohen to avoid choosing a vocation that would put him in such circumstances.80
Question: Does this mitzvah apply to all Kohanim? What about a non-religious Kohen?
Discussion: A Kohen who violates the sanctity of kehunah by marrying a woman that is forbidden to a Kohen, such as a divorcee, or a Kohen who deliberately defiles himself by coming into contact with a corpse when it is forbidden for him to do so, forfeits the privileges of the kehunah. There is no mitzvah to honor him, and there are no restrictions on asking him to perform services for a non-Kohen.81 The Poskim debate whether a Kohen who violates other mitzvos of the Torah retains his status as a Kohen that must be honored.82 It can be assumed that a Kohen who is not Shabbos observant certainly does not retain his status as a Kohen that must be honored.83
Some Poskim allow a non-Kohen to use the services of a Kohen am ha’aretz, so long as the task is not demeaning to the Kohen.84
The Poskim debate whether this mitzvah applies to a Kohen who is unfit to serve in the Beis Hamikdash. This question pertains to a Kohen who is a minor and to a Kohen who has a blemish that makes him unfit to serve in the Beis Hamikdash.85 Mishnah Berurah cites Magen Avraham who rules that a minor Kohen is not included. However, Sha’ar Hatziyun cites R’ Akiva Eiger, who challenges this ruling based on a Sifra, which states that the mitzvah applies even to a Kohen with a blemish.86 Practically speaking, it is proper to be stringent in these matters, as it involves a question of a Biblical mitzvah.87
Question: It seems that people are not always careful in observing these laws. Is there any justification for this?
Discussion: We have learned that the basic halachah allows for the Kohen to forgo his honor, making it permissible to request his service. However, when a Kohen does not openly say that he is forgoing his honor, we must be concerned that he is not doing so. Even if the Kohen agrees to perform the task, he might only be doing it out of politeness without truly forgoing his honor wholeheartedly.88 On what basis, then, do people request service from Kohanim?
Some Poskim offer two possible justifications for this behavior:
Some maintain that nowadays, when we no longer have the Beis Hamikdash, this mitzvah does not apply. Nevertheless, an aspect of lifnim mishuras hadin is definitely still applicable.89
With the passage of time the lineage and yichus of the Kohanim have become blurred. Since we are not positive who is in fact a Kohen, the mitzvah is no longer strictly applicable.90
It should be noted that the majority of the Poskim strongly discourage relying on these justifications. They assert that the mitzvah of honoring a Kohen applies even nowadays and that the purity of the lineage of our Kohanim should not be doubted in any way.91
73 Rema 128:45 with Mishnah Berurah 174. There is a dispute among the Rishonim if this is a Biblical or rabbinic mitzvah. See Mishnah Berurah 201, note 13, who cites Magen Avraham’s conclusion that it is a Biblical mitzvah.
74 The Poskim dispute whether one Kohen may use the services of a second Kohen. Kesav Sofer, Orach Chaim 15, and Machatzis Hashekel 128:72 are stringent (see also Kaf Hachaim 128:283), Beiur Halachah 128:45 is inclined to permit it, while Aruch Hashulchan 128:75 does not rule conclusively on the matter.
75 Sefer Hachinuch, Mitzvah 269.
76 Rema 128:45; Shulchan Aruch Harav 128:60.
77 Mishnah Berurah 128, note 175. It should be noted that the Chafetz Chaim (Pesichah, Asin 9) rules that one who speaks lashon hara about a Kohen in his presence transgresses the mitzvah of honoring a Kohen. He is unsure whether speaking lashon hara about a Kohen not in his presence, or accepting lashon hara about a Kohen, violates this mitzvah; see Be’er Mayim Chaim (ad loc.).
78 Mishnah Berurah 128, note 175.
79 Eishel Avraham (Buczacz) 128:45; see also Aruch Hashulchan 128:72.
80 R’ S.Z. Auerbach cited in Nishmas Avraham 128:11.
81 Shulchan Aruch 128:40, 41. A child born from a union of a Kohen and a woman that is forbidden to Kohanim does not have any halachic status of a Kohen; see Mishnah Berurah 128, note 156.
82 See Minchas Chinuch 269:1 and 3, who argues that there is no need to honor such a Kohen. However, see Pri Megadim, Introduction to 135, who maintains that there is a mitzvah to honor such a Kohen albeit not at the expense of a Kohen who is fully mitzvah observant.
83 Keren LeDavid, Orach Chaim 25.
84 Beiur Halachah 128:45. However, Aruch Hachulchan 128:72 disagrees and holds that the scholarship of the Kohen is irrelevant.
85 See discussion in Pri Megadim, Mishbetzos Zahav 135:8; Minchas Chinuch 269:1; Aruch Hashulchan 128:72; Da’as Torah 135:3 Teshuvos Avnei Chefetz 71.
86 Mishnah Berurah 282, note 12 and Sha’ar Hatziyun 15. For a possible resolution of Magen Avraham’s position, see Emes LeYa’akov Al Shulchan Aruch 282:3.
87 Teshuvos Kesav Sofer 15.
88 Shevet Hakehasi II:60; see also Eishel Avraham (Buczacz) 128:45. [If the non-Kohen is unaware of the Kohen’s status, the Kohen should not perform the task requested of him, even if he wholeheartedly forgoes his honor. This is because some Poskim do not allow a non-Kohen to be serviced by a Kohen, even if he forgoes his honor, and the non-Kohen may not want to rely on the lenient opinion; Shevet Hakehasi ibid.]
89 Opinion of Rabbeinu Tam cited by Taz 128:39 and as explained by Mekor Chaim 128:45.
90 Magen Avraham 201:4. This idea is pointed out many times by the Poskim in different areas of halachah; for example, see Shulchan Aruch 457:2 with Mishnah Berurah 22.
91 Maharit 1:149; Ba’eir Heitev 128:83; Aruch Hashulchan 128:72 and in Yoreh Deah 305:55.