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...
One Explanation for the Phrase “Sabri Maranan”
Trickery, Lying, and Deceiving, Are Forms of Stealing:"Geneivat Da'at" – Thievery Through Deception
Must a Convert Immerse All His Utensils After His Conversion?
May the Chazan Invite Somebody Else to Lead Birkat Kohanim in His Stead?
Is It Permissible To Stand or Sit With Your Back To The Hechal
May a Guest Refuse the Host's Invitation to Lead the Zimun?
The Power of Learning Mishnayot
Is It A Transgression To Simply Bypass A Request (Email) To Pray For Others In Need, and How To Properly Refer To One's Parents In A Blessing
May a Kohen Leave Israel?
Refusing an Aliya to the Torah
May a New Bride or Groom Attend Somebody Else’s Wedding?
Coming Late To A Reception, Unauthorized Acceptance and Collection of Valued Goods and Services
Pat Shacharit - Bread Of The Morning (Breakfast)
Reading Pirkeh Abot Between Pesah and Shabuot
Birkat Ha'ilanot – Reciting the Beracha with a Minyan, and Reciting the Beracha Upon the Second Sighting of Blossoming Trees
Page of 239
3585 Halachot found