DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 672 KB)
Counting a Minor Towards a Minyan

Are there any circumstances under which a minor – a boy under the age of thirteen – may be counted towards a Minyan? If, for example, nine men are in the synagogue together with an eight-year-old boy who knows how to pray and understands the concept of prayer, may they count him towards the Minyan and thus conduct a regular service?

The Gemara in Masechet Berachot (48a) comments that with regard to the "Zimun" blessing recited before Birkat Ha'mazon, a minor may, strictly speaking, count towards the minimum quorum of three participants to allow the recitation. Rabbenu Tam (France, 1100-1171), as cited by Tosefot, suggested that this ruling should perhaps extend to prayer, as well, and a minor who understands the concept of prayer should perhaps be counted towards a Minyan. In practice, however, Rabbenu Tam did not rely on this theory, and did not allow counting a minor towards a Minyan. Tosefot add that there were those who allowed counting a minor towards a Minyan if he held a Humash in his hand, but Rabbenu Tam rejected this view out of hand, referring to it as a "Minhag Shetut" ("a foolish practice").

As for the final Halacha, the Shulhan Aruch (Orah Haim 55:4) records the view that a child who is at least six years of age and understands the concept of prayer may be counted towards a Minyan. The Shulhan Aruch then adds, however, that the leading Halachic authorities did not accept this view. Thus, even if nine adult males and a child are present, they may not recite the parts of the service requiring a Minyan. Hacham Ovadia Yosef added that if a person finds himself in such a situation, and the others wish to count the child towards a Minyan and conduct a regular service, the individual should leave the synagogue in order to prevent them from this forbidden act.

In the subsequent passage, the Shulhan Aruch defines the term "adult" for the purposes of this Halacha as a boy who has reached thirteen years of age and has grown at least two adolescent hairs. If it is not known whether he has grown adolescent hair, but it is established that he has reached the age of thirteen, he may be counted towards a Minyan on the assumption that he has grown hair. So long as the absence of hair has not been established, a thirteen-year-old boy may be counted towards a Minyan.

Summary: A boy who has yet to reach the age of Bar-Misva may not be counted towards a Minyan under any circumstances; a Minyan, by definition, requires the presence of ten adult males.

 


Recent Daily Halachot...
Does One Make the Beracha of ‘SheAsa Li Kol Tzarki’ on Tisha BeAv
Tisha BeAv- The Prohibition of Laundering Clothes The Week of Tisha BeAv
Tisha BeAv- Seudat Hamafseket (The Last Meal Before The Fast)
Tisha BeAv- The Prohibition Taking Hair Cuts, and Cutting Nails During The Week of Tisha BeAv
Tisha BeAv- The Prohibition of Wearing Freshly Laundered Garments In The Week of Tisha BeAv
Tisha BeAv- Prohibitions During The First 9 Days of Av
Weddings and Engagements During the Three Weeks
Music During the Three Weeks
The Shehehiyanu Blessing During the Three Weeks
Reciting Tikun Hasot During the Three Weeks
The Miracle of 11 Tammuz, 5687 (1927)
Should One Avoid Having to Recite “She’hehiyanu” During the Three Weeks?
What Kind of Siyum Permits Eating Meat During the Nine Days?
Is it Permissible to Eat Synthetic Meat During the Nine Days
Torah Reading on a Fast Day in a Minyan of People Who are Not Fasting
Page of 239
3585 Halachot found