Q. A member of our shul who is L’A an Avel during the first year after the death of his father, joined our minyan during Simchat Torah and we were wondering whether it is correct for him to be there during this happy Yom Tov.
He always leads an Hakafah and we were also in doubt if he should also do so on this occasion, since avoiding it may be seen as Avelut Befarhesia or open mourning whic is prohibited in Yom Tov. What is correct?
A. Rema in Shulchan Aruch (O.H. 660: 2) rules that he does not take part of the Hakofos during that year.
However, many Poskim disagree (Beis Yosef, Yavetz, Chayei Odom 148: 19, Piskei Teshuvos 660: 4, Gesher Hachaim 20: 3: 6 and others).
Horav Shlomo Miller’s Shlit’a opinion is that if he is the Rov or the president of the shul, he can receive his accustomed Hakofo. (See similar ruling in Minchas Yitzchok 6: 62).
Rabbi A. Bartfeld as revised by Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a.