MINHAG AND HALAKHAH

earlier in the afternoon than even the Tosafists’ theories would permit. Despite that fact, the power and prevalence of minhag was such that most authorities found ways to preserve the coexistence of custom and halakhah.>

3. KOHEN CALLED FIRST TO THE TORAH.

The Mishnah ®® tells us that among the things ordained"for the sake of peace"(mipnei darkei shalom) was the rule that the kohen is called first to the Torah , followed by a Levite and a yisra’el. The Talmud ®® lists various d’rashot which base this rule upon Scripture; ultimately, the derivation from Leviticus 21.8("you shall sanctify him") is accepted. As the Baraita says:"Sanctify him(the priest) in all matters pertaining to holiness. Let him speak first, say the blessing first, etc." If so, then the practice must be Toraitic; why then do we say"for the sake of peace," which implies a rabbinic ordinance?” The answer, suggested by Abaye , is that the Torah indeed grants the kohen priority in these matters. It is the rabbis, however, who"for the sake of peace" ordain that in the synagogue, unlike the other settings, the kohen is not entitled to forego this honor and bestow it upon a non-priest. If he were to do so,"quarrels would ensue." Rav Matana limits the exception to Shabbat and festivals; on weekdays, when fewer people are in the synagogue, the priest may forego his honor. The Talmud objects: Did not Rav Huna (a yisra’el) read first from the Torah on Shabbat and festivals? The answer: Rav Huna was different, since even R. Ami and R. Asi, the leading kohanim of Eretz Yisrael, recognized his authority.

The early interpretations of this sugya deny the priest the right to bestow his priority upon another, even if that other person is a great scholar. The gaonic sources declare that"an ignorant kohen precedes a yisra’el who is a Torah scholar."™® Other authorities take a different view. R Ya'aqov ben Asher, citing the opinion of his father, suggests that the example of Rav Huna proves

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