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...
Objects Left Behind In The Synagogue
Trying Cases in Secular Courts
Purchases Of Stolen Goods- Knowingly and Unknowingly
Must a Butcher Refund His Customers if He Inadvertently Sold Non-Kosher Meat?
The Carrying and Display Of The Sefer Torah Upon Removing From The Hechal
Damaging Property With the Owner’s Permission
Liability For a Bench That Breaks Because Too Many People Sat On It
If a Person’s Belonging’s Were Damaged When He Entered Somebody Else’s Property Without Permission
Pidyon Peter Hamor – Redeeming a Firstborn Donkey
Reciting the Pasuk “Ve’shahat Oto After the Akeda”; Wearing a Kippa
The Month of Iyar
Eulogies During Hol Ha’mo’ed and During the Month Before Yom Tob
The Yom Kippur Katan Fast When Rosh Hodesh Falls on Sunday
Bringing Girls Above the Age of Nine Into the Men’s Section of the Synagogue
Should the Torah Scroll be Carried on the Right Side or Left Side?
Page of 239
3585 Halachot found