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Parshas Mikeitz: Counting Towards a Minyan No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim. When Yaakov's sons come down to Egypt to obtain food during the famine, they are referred to by the Torah, for the first time specifically, as Bnai Yisrael, and we are told that they came among, b'soch, others who came to Egypt (Bereishis 42:5). Elsewhere, when describing the Mitzvah to sanctify the name of Hashem, the Torah states (VaYikra 22:32) that the Kiddush Hashem, this sanctification, must take place when one is b'soch, among, members of Bnai Yisrael. The Yerushalmi in Berachos (Perek 7 Halacha 3, 55a) derives from the use of the word b'soch, among, in both of these places that the minimum number of people who must be present in order for one to sanctify the name of Hashem is ten, explaining that just as the word b'soch used in the Posuk in this Parsha (Bereishis Ibid.) appears in connection with the activities of ten people, as documented by an earlier Posuk (Bereishis Ibid. Pasuk 3), so too the word b'soch used in presenting the Mitzvah to sanctify Hashem's name is understood to refer to ten people. Another authority there in the Yerushalmi (Ibid.) holds that it is not the common word b'soch here that is critical, but rather the fact that both sources speak about Bnai Yisrael; just as the term Bnai Yisrael in this Parsha refers to ten people, so too the term Bnai Yisrael describing the individuals in whose presence one must sanctify Hashem's name also refers to at least ten people. In the Talmud Bavli, the Gemara in Berachos (21b) and, more fully, in Megillah (23b) derives this requirement for at least ten people to be present when sanctifying Hashem's name by drawing a connection between different Pesukim (BaMidbar 16:21, 14:23), one of which refers to the wicked Meraglim, the spies of Moshe, of which there were ten. Rabbeinu Bechaya, however, in his commentary on the Torah (VaYikra Ibid.), quotes that the correct principle source for this requirement is in fact the Posuk in this Parsha (Bereishis 42:5), and the derivation which focuses on the common word b'soch, although this derivation does not appear in the Talmud Bavli. The Gemara in Megillah (Ibid.), commenting on the Mishnah (Ibid.) which lists numerous activities, most of which relate to either davening or reciting Berachos, that may be done only in the presence of at least ten people, a Minyan, explains that any activity labeled as a Davar SheBiKiddushah, a means of sanctifying Hashem's name, requires the presence of ten people. The Rambam (Hilchos Tefillah 8:6) and the Shulchan Aruch (Orach Chaim 69:1) rule accordingly. The Rosh in Berachos (Perek 7 Siman 20) quotes from Rav Hai Gaon that ten people are needed because when ten Jews are together, the Shechinah, Hashem' s presence, rests upon them; the Aruch HaShulchan (Orach Chaim 55:6) gives this reason as well. The Ran in Megillah (13b in the Rif s.v. V'Ain Nosin) writes that all of the above cited Pesukim requiring ten people for a Davar SheBiKedushah are merely in the category of an asmachta, a hint at the idea in the Torah, but the requirement is really MideRabbanan, since reciting each section of davening which is labeled as a Davar SheBiKedushah is itself obligatory only MideRabbanan. The Rambam, in his Peirush HaMishnayos in Megillah (4:3) writes that we have it by tradition that a Davar SheBiKedushah requires the presence of at least ten people. In explaining what is meant by a Davar SheBiKedushah, the Tur (Orach Chaim Siman 55) mentions specifically the recitation of Kaddish, Borechu, and Kedushah. The status of some of the other activities cited in the aforementioned Mishnah in Megillah (Ibid.), such as Birchas Kohanim (Duchaning), Kerias HaTorah, and reading the Haftorah, is subject to some discussion as to whether they are to be labeled as Davar SheBiKedushah or not, although they certainly need the presence of a Minyan to be done. The Ran in Megillab cited above (Ibid.), as well as in the next paragraph (Ibid. s.v. V'Ain Korin), appears to hold that these activities are not considered Davar SheBiKedushah, and require a Minyan for other reasons; this is the understanding of the Ran presented by the Mishnah Berurah in the Biur Halacha (Orach Chaim Siman 128 s.v. Ain), citing the Pri Megadim (Ibid. Mishbizos Zahav Sif Katan 1), as well as by the Chayei Adam (Klal 32 Sif 1). In the same Biur Halacha (Ibid.), however, the Mishnah Berurah writes that some hold that Birchas Kohanim is a Davar SheBiKedushah; the Meiri, commenting on the above cited Gemara in Megillah (Beis HaBechirah Ibid. s.v. V'Nashuv) rules this way, adding that Kerias HaTorah and reading the Haftorah require ten people because they involve the recitation of Borechu, which is a Davar SheBiKedushah. The Rambam too (Hilchos Tefillah Ibid. Halachos 4-6) seems to group all the activities requiring ten people together, implying that they are all Davar SheBiKedushah; the Turei Evven in Megillah (Ibid. s.v. V'Ain) says this more explicitly. In any case, all of these activities undoubtedly may be done only if a Minyan is present. There is actually an interesting discussion, though, regarding the recitation of Kedushah. Commenting on the above mentioned Gemara in Berachos (Ibid.), the Tosafos Rabbeinu Yehudah HaChassid (Ibid. s.v. Minyan) and the Tosafos HaRosh (Ibid. s.v. Minyan) both write that according to one authority in the Gemara (Ibid.), Kedushah is not classified as a Davar SheBiKedushah, but is rather considered as just the recitation of Pesukim; an individual could consequently recite it alone. Even if it is true, however, that this authority holds this way, and most Rishonim believe that there is in fact no such opinion, nevertheless, the Halacha certainly follows the other view that Kedushah is indeed a Davar SheBiKedushah, as mentioned by the above cited Tur (Ibid.). It is worth noting that the Ben Ish Chai in Parshas Terumah (Ot 3) quotes from the Zohar and the Mekubalim that reciting Kedushah, and thereby sanctifying Hashem's name, is in fact a Mitzvah from the Torah. The Kaf HaChaim (Orach Chaim Siman 125 Sif Katan 4) quotes this view as well, citing the Ari Zal, among others; this could mean that the requirement for a Minyan, at least for Kedushah, would also be from the Torah. Most authorities, however, including the Ran in Megillah (Ibid.) and the Rosh in Berachos (Ibid.) cited above, as well as Tosafos in Berachos (47b s.v. Mitzvah) and others, clearly hold that this recitation - and the requirement for a Minyan - is only MideRabbanan, as documented by Rav Ovadyah Yosef (Sheilos V'Teshuvos Yabeah Omer Chelek 2 Chelek Orach Chaim Siman 34 Ot 2), who suggests elsewhere (Ibid. Chelek 1 Chelek Orach Chaim Siman 5 Ot 5), that this issue may relate to the issue of whether Tefillah in general is mandated by the Torah or MideRabbanan. It should be pointed out, though, that the Be'er Heitev (Orach Chaim Ibid. Sif Katan 5) quotes from the Ari Zal that when reciting Kedushah, one should have in mind that he is fulfilling the Mitzvah from the Torah to sanctify Hashem's name. As for who may be counted towards the required ten people for Davarim SheBiKedushah, the Gemara in Berachos (47b) lists several possibilities, including one that a katan, a child under the age of Bar Mitzvah, counts, but concludes (Ibid. 48a) that these possibilities are not accepted according to Halacha. Rabbeinu Tam, however, is quoted in Tosafos (Ibid. s.v. V'Lait) as holding that the view that even a very young katan may count towards a Minyan is indeed accepted as the Halacha. His reasoning, as explained in his Teshuvah quoted fully in the Tosafos Rabbeinu Yehudah HaChassid in Berachos (Ibid. s.v. Asher), is that the Torah requires sanctification of Hashem's name b'soch, among, members of Bnai Yisrael, without mentioning any ages, and a katan may therefore be included. According to Tosafos in Berachos (Ibid.), though, Rabbeinu Tam himself never actually followed this view to count a katan to a Minyan, even if he would hold a Sefer Torah, which Rabbeinu Tam believes is meaningless. The Ra'avan (Siman 185) writes that since the whole requirement to have ten people for a Minyan is learned from the Posuk in this Parsha (Bereishis Ibid.) about Yosef's brothers, all ten people must be males above the age of Bar Mitzvah just as Yosef's brothers were when they came to Egypt. The Shulchan Aruch HaRav (Orach Chaim 55:2) uses the same logic according to those who derive this requirement from the above cited Posuk about the Meraglim (BaMidbar Ibid.); the ten wicked spies were also all adult males over the age of Bar Mitzvah. The Rambam (Ibid. Hilchos Tefillah Halacha 4) rules clearly that all ten people must be over the age of Bar Mitzvah, a position presented in Maseches Soferim (Perek 16 Halacha 12), and accepted by the Rosh in Berachos (Ibid.) and the Rashba (Sheilos V'Teshuvos HaRashba Chelek 1 Siman 453), among others. Some, however, disagree, including Rav Hai Gaon, quoted by the Rosh in Berachos (Ibid.), as well as the Ba'al HaMaor in Berachos (35b in the Rif s.v. V'Ha), the latter allowing even more than one katan to count for the Minyan. The Shulchan Aruch (Orach Chaim 55:4) acknowledges that some allow a katan to be counted towards a Minyan, but concludes that this is not the accepted position. The Ramo (Ibid.), writes, though, that some are lenient B'Shaas HaDachak, in a case of great need, and the Magen Avraham (Ibid. Sif Katan 5) adds that although some disagree and are not lenient even B'Shaas HaDachak, the practice is indeed to allow a katan to count towards a Minyan in such a case if he holds a Chumash. The Mishnah Berurah (Ibid. Sif Katan 24) notes, however, that many Poskim reject this view and do not allow a katan to count for a Minyan at all; the Aruch HaShulchan (Ibid. Sif 10) concurs. Rav Ovadyah Yosef (Ibid. Chelek 4 Chelek Orach Chaim Siman 9) thus rules that one should never include a katan in a Minyan and should rather walk out of a Shul if that is going to be done. Rav Moshe Feinstein, however (Sheilos V'Teshuvos Igros Moshe Orach Chaim Chelek 2 Siman 18), rules that one may he lenient in a serious Shaas HaDachak situafion, such as where the entire Minyan may have to be disbanded, and count a katan to a Minyan if he holds a Sefer Torah (on the Bimah) and if other guidelines are followed. If you have any questions or comments, please click here
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