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{{short description|Quorum of ten Jewish adults for certain religious obligations}} | |||
:''This article is about the term in ]. For other meanings, see ].'' | |||
{{about|the term used in ]}} | |||
{{Infobox Halacha |image= |caption= |verse={{bibleverse||Leviticus|22:32|HE}} |talmud=] 23b; ] 74b |talmudy=] 4:4 |mishnah=] 4:3 |rambam=Hilchot Tefillah 8:1 |sa=] 55}} | |||
{{Jews and Judaism sidebar |Culture}} | |||
In ], a '''''minyan''''' ({{langx|he|מניין \ מִנְיָן}} ''mīnyān'' {{IPA|he|minˈjan|}}, ] (noun) ''count, number''; pl. {{Script/Hebrew|מניינים \ מִנְיָנִים}} ''mīnyānīm'' {{IPA|he|minjaˈnim|}}) is the ] of ten Jewish adults required for certain ]s. In more traditional streams of Judaism, only men 13 and older may constitute a minyan; the minimum of 10 Jews needed for a meeting has its origin{{citation needed|date=February 2024}} in Abraham's prayer to God in {{bibleverse||Genesis|18:23|HE}}. The minyan also has its origin in judicial structure of ancient Israel as Moses first established it in Exodus 18:25 (i.e., the "rule of the 10s").<ref>Cyrus Adler’s and Lewis N. Dembitz’s “Minyan,” ''Jewish Encyclopedia'', https://www.jewishencyclopedia.com/articles/10865-minyan</ref> This we find reiterated in Cyrus Adler’s and Lewis N. Dembitz’s “Minyan,” ''Jewish Encyclopedia'', stating: "The minimum of ten is evidently a survival in the Synagogue from the much older institution in which ten heads of families made up the smallest political subdivision. In Ex. xviii. Moses, on the advice of Jethro, appoints chiefs of tens, as well as chiefs of fifties, of hundreds, and of thousands. In like manner there were the decurio among the Romans and the tithingman among the early English."<ref>ibid., at https://www.jewishencyclopedia.com/articles/10865-minyan</ref> | |||
'''Minyan''' (]: plural ''minyanim'') is traditionally a quorum of ten or more adult (over the age of ]) male ]s for the purpose of communal ]; a minyan is often held within a ], but may be (and often is) held elsewhere. | |||
The most common activity requiring a ''minyan'' is public ]. Accordingly, the term ''minyan'' in contemporary Judaism has taken on the secondary meaning of referring to a ]. | |||
It is also used as a ], as in "Do we have a Minyan?" | |||
] flea-market shop]] | |||
A single ''minyan'' may be one of several simultaneous prayer services within a synagogue. One synagogue (or any building) can have two or more minyanim meeting at the same time; for example, one ] minyan and one ] minyan, or one ] minyan and one ] minyan, though the latter would typically only happen in a community center or other communally owned building. | |||
==Sources== | |||
Women are counted as part of the minyan in most non-Orthodox synagogues and prayer gatherings. | |||
The source for the requirement of ''minyan'' is recorded in the Talmud. The word ''minyan'' itself comes from the ] root {{lang|he-Latn|maneh}} {{Script/Hebrew|מנה}} meaning to count or to number. The word is related to the ] word ''mene'', numbered, appearing in ] in {{bibleverse||Daniel|5:25|HE}}. | |||
'''Babylonian Talmud''' | |||
==Laws== | |||
According to ] (Jewish law), a ''minyan'' is required for many parts (D'varim She Ba Kodesh "Holy utterances") of the communal prayer service, including ''Barechu'', '']'', repetition of the '']'', the priestly blessing, and the ] and '']'' readings. Women are not required to pray with a minyan, and thus Judaism has traditionally counted only men in the minyan for formal prayer. | |||
The ] (] 23b) derives the requirement of a ''minyan'' of ten ] for ]<ref name="Sanhedrin 74b">] 74b</ref> and ''Devarim she-Bikdusha'', "matters of sanctity", by using the rule of ] to link three verses based on shared word-choice: | |||
Rabbinic ] teaches that all men and women are obligated to pray to ] each day, but the formal requirements for prayer are different for the sexes. Classical rabbinic authorities are in agreement that men are required to pray from a set liturgy three times a day; however, they were of varied opinions as to precisely what the requirements were for women. In the last 300 years many traditional rabbis have followed a trend in which women are seen as being required to follow many (though not all) of the same requirements as men. | |||
The word "midst" in the verse: | |||
The 19th century ] ], author of the '']'', notes: "Even though the rabbis set prayer at fixed times in fixed language, it was not their intention to issue a leniency and exempt women from this ritual act". One of the most important codes of law in ] ] (outside of ]) is the '']'' by Rabbi ]. He holds that the Men of the ] obligated women to say ''Shacharit'' (morning) and ''Minchah'' (afternoon) prayer services each day, "just like men". He further states that although women are technically exempt from reciting the ], they should nevertheless say it anyway. In ], most rabbis hold this view as well. However, many Jews still rely on the ruling of the (Ashkenazi) Rabbi ] in his '']'' commentary on the '']'' (section '']'' 106:2), and more recently the (]) Rabbi ] (''Yabiah Omer'' vol. 6, 17), that women are only required to pray once a day, in any form they choose, so long as the prayer contains praise of (brakhot), requests to (bakashot), and thanks of (hodot) God. | |||
<blockquote>And I shall be '''sanctified''' in the '''midst''' of the children of Israel <small>({{bibleverse||Leviticus|22:32|HE}})</small></blockquote> | |||
While women are not required to pray with a ''minyan'', it is commonly believed that Jewish law requires that men pray in a ''minyan'', but this not exactly correct. None of the ], ] or later codes of Jewish law hold this as requirement. Rather, it is described as a preferred activity, but not as mandatory. The ''Shulkhan Arukh'' (section ''Orach Chayim'' 90:9) says "A person should make every effort to attend services in a synagogue with a quorum; if circumstances prevent him from doing so, he should pray, wherever he is, at the same time that the synagogue service takes place". According to the author (Rabbi ]), no ] has an obligation to public prayer. That said, ''communal prayer'', which requires a minyan, is historically viewed as an almost-obligation—while not a requirement, it is regarded as anti-social to not join in communal prayer. | |||
also appears in the verse: | |||
Men have no halakhic obligation to pray in a ''minyan''. It is, nevertheless, strongly encouraged. According to ] in his '']'' (''Hilkhot Tefillah'' 8.1): | |||
:''The prayer of the community is always heard; and even if there were sinners among them ], the Holy One, blessed be He, never rejects the prayer of the multitude. Hence a person must join himself with the community, and should not pray by himself so long as he is able to pray with the community. And a person should always go to the synagogue morning and evening, for his prayer is only heard at all times in the synagogue. And whoever has a synagogue in his city and does not pray there with the community is called a bad neighbor.'' | |||
<blockquote>Separate yourselves from the '''midst''' of the '''congregation''' <small>({{bibleverse||Numbers|16:21|HE}})</small></blockquote> | |||
==Origin== | |||
A common misconception is that the requirement of ten to constitute a quorum comes from the fact that ] stopped decreasing his requests for ] to spare Amora (Gomorrah) and ] at ten "righteous" individuals (] 18). In fact, the requirement comes from the sin of the spies (] 14:27), in which the ten spies who bring a negative report of the land of Israel are referred to as an ''eidah'' or congregation (] Megillah 23b), though the ] (Megillah 4,4) relates it to the ten brothers of ] who went down to ] to get food during a famine. The quorum of ten men is also referred to in the ] 4:2. | |||
The term "congregation" is also used in another verse that describes the ] (of a total of twelve) who brought back a negative report of the ]: | |||
The number 10 for a minyan may not always have been consistent throughout history either. It is related in the ], in Masechet Soferim (10:7), that in Palestine, sometimes as few as 6 (''i.e.'', one more than half of 10) men were counted as sufficient to say communal prayers. | |||
<blockquote>How long shall I bear with this evil '''congregation''' which murmur against me? <small>({{bibleverse||Numbers|14:27|HE}})</small></blockquote> | |||
==Customs== | |||
Some congregations (based on the '']'' section '']'' 55) will include a boy touching a ] scroll or holding a printed ] as the tenth person if a minyan can be formed in no other way. | |||
From this combination, the Talmud concludes that "sanctification" should occur in the "midst" of a "congregation" of ten. | |||
==Changes in non-Orthodox forms of Judaism== | |||
In the mid 20th century some congregations in ] and ] began counting women as part of the ''minyan''. Reform and ] rabbis do not see themselves as bound by '']'', and the movements are committed to the equality of the sexes, rejecting historical practices that draw distinctions on the basis of gender; thus they disregard the traditional prohibition of counting women as part of a ''minyan''. Conservative rabbis do see ''halakha'' as binding, and did not generally accept this practice until several ] were offered by rabbis that attempted to justify this practice as in accord with ''halakha''. These responsa were accepted by the ] of the Conservative ] (though Orthodox Jews do not accept their validity). Since that time the practice of accepting women as part of the ''minyan'' has spread to all of Reform and Reconstructionist Judaism, and most Conservative Jewish ]s. | |||
'''Jerusalem Talmud''' | |||
==Changes in Orthodox forms of Judaism== | |||
The ] (Megillah 4:4) offers two sources for the requirement, also using a ]: | |||
A minyan shivyoni hilchati (shivyoni=equitable, hilchati=in accordance with Jewish law), a recent development in Orthodox Judaism, is minyan which attempts to create expanded opportunties for women to participate within the context of Orthodox halacha. The approach takes advantages of recently-expressed opinions in liberal Orthodox circles permitting women to lead certain parts of the prayer service and, most importantly, be called to and read from the Torah and haftorah on Shabbat. | |||
The word "congregation" in the verse: | |||
These minyanim arose as a result of a theoretical debate published in the Modern Orthodox publication EDAH Journal, in which Rabbis Mendel Shapiro and Daniel Sperber argued that an expanded participational role for women was permissable within Orthodox halakha under certain conditions and with certain limitations. See and . See also providing a counterargument against this position. | |||
<blockquote>Speak to all the '''congregation''' of the children of Israel, and say to them: '''You shall be holy''' <small>({{bibleverse||Leviticus|19:2|HE}})</small></blockquote> | |||
A minyan shivyoni hilchati attempts to implement the conditions expressed in these articles, accepting the limitations involved. | |||
is also used in another verse: | |||
A key element of the halakhic approach involves an argument for the reinterpretation of the following passage from the Talmud, Megilla 23a: | |||
<blockquote>How long shall I bear with this evil '''congregation''' which murmur against me? <small>({{bibleverse||Numbers|14:27|HE}})</small></blockquote> | |||
"Our rabbis taught: All may be numbered among the seven , even a minor and even a woman, but the Sages said: a woman is not to read from the Torah on account of kevod ha-tsibur .") | |||
Since the term "congregation" in the later verse refers to the ], so too in the former verse: "You shall be holy" refers to a "congregation" of ten. | |||
The essence of Rabbi Shapiro's and Rabbi Sperber's argument was to resolve the contradiction between what "our Rabbi taught" and what "the Sages said" by comparing the use of similar phrases in other parts of the Talmud. They claimed that references to what "our rabbis taught" traditionally represent binding law, while references to what "the Sages' said" traditionally represent mere sage advice, not binding law. Since they claimed that the prohibition on women reading the Torah represents mere advice while the permission represents the actual law, they argued that rabbis of today are accordingly permitted to consider whether the advice should continued to be followed. They believe, for a number of reasons familiar to feminists, that it shouldn't be. | |||
The second source is based on the term "children of Israel" which appears in the following two verses: | |||
Minyanim following this approach take care to accept, and not go beyond, conditions and limitations involved in the underlying legal arguments. For example, because the halakhic source for permitting women to read from the Torah pertains to a passage from the Talmud involving Shabbat, minyanim following this halakhic approach do not permit women's torah reading on weekdays. Their willingness to accept only what can be justified by references to traditional Jewish sources forms the core of the claim of these minyanim to be legitimately Orthodox. | |||
<blockquote>And I shall be '''sanctified''' in the midst of the '''children of Israel''' <small>({{bibleverse||Leviticus|22:32|HE}})</small></blockquote> | |||
Such a minyan includes a number of liturgical innovations: | |||
<blockquote>And the '''children of Israel''' came to buy among those that came <small>({{bibleverse||Genesis|42:5|HE}})</small></blockquote> | |||
Participants in a minyan shivyoni hilchati voluntarily agree not to begin public worship without at least 10 women as well as 10 men present. Thus, while such a minyan complies with the orthodox requirement of 10 men, it creates a de facto egalitarianism. | |||
Just as the "children of Israel" in the later verse refers to the ten sons of ] who descended to Egypt to obtain food during the famine, so too the former verse refers to sanctification among the “children of Israel” in the presence of ten. | |||
A mechitzah (partition separating men's and women's sections) is maintained as in any Orthodox minyan, but it alwys goes up the middle. Men and women do not appear in the same place at the same time. Women lead services from the women's side and men from the men's side. The Torah is read from a table right in the middle of the mechitzah. Women read from the Torah when a woman is called to say the blessings, and men read from the Torah when a man is called to say the blessings. A male and a female gabbai (assistant) attend the Torah reading, each from their respective sides. | |||
==Rituals requiring a ''minyan''== | |||
Men and women each lead specific parts of the service, and their leadership is interleaved so that each does about half the service. On Friday night women lead Kabbalat Shabbat and men lead Maariv. On Saturday morning women lead Psukei D'Zimra, men lead Shacharit, women lead the Torah service, and men lead mussaf. Although men and women rotate leadership in even fashion and the service has an egalitarian feel, such a minyan is not strictly egalitarian. There remain certain parts of the service (parts of Shacharit and Mussaf) that only men are permitted to lead,and men always lead them. The Orthodox idea that men and women are complementary, not interchangeable, is preserved. | |||
Some rituals require a minyan; the presence of a rabbi (a teacher, not a ]) is not essential—it is said that "nine rabbis do not constitute a minyan, but ten cobblers can".<ref>{{Cite web |url=http://www.templewb.org/Chronicle/Volume09_Issue01.pdf |title=Temple Israel Chronicle, January 2009, p3 |access-date=2015-10-10 |archive-date=2016-03-04 |archive-url=https://web.archive.org/web/20160304101030/http://www.templewb.org/Chronicle/Volume09_Issue01.pdf |url-status=dead }}</ref> | |||
The following instances which require a minyan are listed in the ] in ] (4:3): | |||
When the Torah is paraded around the congregation, a women takes it through the women's section, the Torah is passed over the mechitza, and a man takes it through the men's section. | |||
* Public worship, which consists of the additional readings of '']'', '']'', '']'' and the ]. The minor tractate ] contains a passage (10:7) often interpreted as asserting that in ] at that time seven men were allowed to hold public services. Correctly interpreted it refers to the repeating of "Kaddish" and "Barechu" at the synagogue for the benefit of late comers, and declares that in Israel such a repetition is permitted only when seven (according to others, when six) men are present who have not yet heard these responsive readings. | |||
Such a minyan represents an experimental, somewhat controversial development in Orthodox Judiasm which has by no means been universally accepted in Orthodoxy. | |||
* The ]. | |||
* Reading from the ] and ] with the associated benedictions. | |||
* ] recited at a wedding, or at any meal of the bridegroom and bride within a week from the wedding. However, the last blessing (''asher barah'') may be recited in the presence of three men.<ref>Shulchan Aruch Even Ha-ezer 62:4.</ref> | |||
* Using the formulation "Let us bless our God, from whose wealth we have eaten," in preparing for ]. | |||
* Ancient funeral ceremonies, no longer in use, which incorporated arranging the standing and sitting, reciting the benedictions of the mourners and the consolation of the mourners. | |||
Other instances which require the presence of a ''minyan'' include: | |||
One of the first and leading examples of such a minyan is in Jerusalem. Others include in Chicago, IL and in New York, NY. | |||
* Recitation of the ]<ref>] ] 565:5</ref> | |||
* Recitation of ].<ref>] ] 219:3</ref> | |||
While the required quorum for most activities requiring a quorum is usually ten, it is not always so. For example, the ] sacrifice or ] ''Pesach'' (from the days of the ]) must be offered before a quorum of 30. (It must be performed in front of ''kahal adat yisrael'', the assembly of the congregation of Israel. Ten are needed for the assembly, ten for the congregation, and ten for Israel.) According to some Talmudic authorities, women counted in the quorum of 30 for offering the ''Korban Pesach'' (e.g. Rav, Rav Kahana, ''Pesachim'' 79b). | |||
==Prayer with a ''minyan''== | |||
] shows a group of Jews waiting for the tenth man]] | |||
It was the firm belief of the sages that wherever ten Israelites are assembled, either for worship or for the study of the Law, the ] dwells among them. In rabbinical literature, those who meet for study or prayer in smaller groups, even one who meditates or prays alone, are to be praised. However, the stress is put upon the merits and sacredness of the ''minyan'' of ten. The codifiers, such as ],<ref>Maimonides writes that ''"The prayer of the community is always heard; and even if there were sinners among them, the Holy One, blessed be He, never rejects the prayer of the multitude. Hence a person must join himself with the community, and should not pray by himself so long as he is able to pray with the community."'' ] ''Hilkhot Tefillah'' 8:1</ref> his annotators, and the author of the ], have unitedly given strength to this sentiment, and have thus, for more than a thousand years, made the daily attendance at public worship, morning and evening, to be conducted with a quorum of ten. | |||
There is a disagreement between the medieval commentators on whether prayer with a ''minyan'' is preferable or obligatory. ] is of the view that an individual is obligated to pray with a ''minyan'', while ] holds that only if ten adult males are present are they obliged to recite their prayer together, but an individual is not required to seek out a ''minyan''.<ref>{{cite book| last = Meiselman | first =Moshe | title = Jewish Woman in Jewish Law | year = 1978 | publisher = ] | isbn = 0-87068-329-2 | page = 134 }}</ref> | |||
Rashi and the ]<ref>Rashi and Tosafot to Talmud Bavli Pesachim 46a</ref> are both of the opinion that one is required to travel the distance of 4 '']'' to pray with a minyan (contemporary authorities differ as to whether this is a distance or a time that it would have taken to travel this distance and with modern technology one would need to travel a lot further). The ] writes that one who is sitting at home must travel up to one ''mil''.<ref></ref> | |||
==Eligibility== | |||
] in ].]] | |||
There is much discussion in ] on the matter of who is eligible to be counted in a ''minyan''. Some discussions revolve around whether or not a ''minyan'' should consist of individuals who are obligated in performance of that particular precept. Some authorities deduce who may constitute a ''minyan'' by drawing on the verses which are brought as the basis for minyan and their implication. For example, the verse, ''"How long shall I bear with this evil congregation which murmur against me?"'' is referring to the ten spies, a congregation comprising Jewish adult males. It is understood from this that a minyan must likewise comprise ten Jewish adult males. Other classical sources base their rulings on discussions brought in the Talmud. Contemporary rabbinical authorities deal with a plethora of questions relating to qualification for ''minyan''. | |||
===Minors=== | |||
Before a boy ], he is considered a ] in Jewish law and is not obligated in the performance of religious precepts. However, if a child is over six years of age and has adequate comprehension of the significance of the precepts, his status may change. His inclusion in ''minyan'' is thus subject of Talmudic dispute. Based on the Talmudic ] in Berachot, ] states that a minor can act as the tenth person<ref>] ] 47b</ref> and according to the ], up to four minors would be permitted.{{citation needed|date=December 2024}} ] explains that those who permit the inclusion of a minor maintain that it is the ] which actually constitutes the tenth member, thereby validating the ''minyan'' — this may explain why some of these authorities require that the minor represent this fact by holding a ]. However the majority of ] follow the conclusion of the ] who holds that a minor can never be counted in a ''minyan'' under any circumstances. This is the stance taken by the ], who, although acknowledging some authorities do permit the inclusion of an astute six-year-old, writes that consensus rejects this view and only males over the age of thirteen may constitute a ''minyan''.<ref>] ] 55</ref> However, in extraordinary circumstances some are lenient and permit a minor over six years old holding a chumash or ] to complete a ''minyan''.<ref>{{cite book | |||
| last = Ziegler | |||
| first =Aharon | |||
| title = Halakhic positions of Rabbi Joseph B. Soloveitchik: Volume III | |||
| year = 2004 | |||
| publisher = ] | |||
| isbn = 0-7425-4293-9 | |||
| pages = 26–28 | |||
| chapter = Counting a Minor in a Minyan | |||
}}</ref> Rabbi ] says that we can rely on this because most of the laws of Minyan are Rabbinical in nature (except for the laws of ]),<ref>See Igrot Moshe .</ref> so one can conclude that when dealing with a Biblical law of Minyan (such as Sanctifying God's name in public) one would not be able to count a child. | |||
===Women=== | |||
Although the issue of whether women are permitted to make up a ''minyan'' has been noted in early works, the matter has only come to the fore in the past few decades, a reaction to an enhanced role of women in modern society and to the demand for their inclusion in all areas of religious life.<ref>{{cite book | last = Bleich | first = J. David | author-link = J. David Bleich | title = Contemporary Halakhic Problems | volume = I | year = 1976 | publisher = Ktav Publishing | isbn = 0-87068-450-7 | pages = –83 | chapter = The Synagogue: Women in a Minyan? | url = https://archive.org/details/contemporary_blei_1977_005_8230673 | url-access = registration}}</ref> | |||
The Talmud itself does not directly address the question of whether women may count as part of a minyan for devarim shebkdusha. Since the Talmud uses the same ''gezerah shavah'' for Kiddush Hashem as it uses for ''devarim shebkdusha'', one may expect the laws for those two cases to be the same. Many authorities are of the opinion that women are included in the ''minyan'' for Kiddush Hashem and Hillul Hashem. However, traditional codifiers generally do not include women in the ''minyan'' for ''devarim shebkdusha''.{{Citation needed|date=September 2008}} | |||
The Talmud (] 3a) relates that women are required to recite '']'' of three participants, and Berakhot 45 says that women may recite the zimmun. However, the majority of scholars are of the opinion that ten women may not recite the additional form of ''zimun be-Shem'', which is obligatory when ten men are present. The few authorities who do permit ten women to use the ''zimmun be-Shem'' formulation explain that the necessity for ten in this case is unique and cannot be compared to other instances requiring ''minyan''. Only ] among these authorities mentions the possibility of one woman's joining with nine men to form a ''minyan'' for prayer. This isolated opinion is rejected by the codifiers. There are a number of cases, including reading of the ], where a limited number of authorities count women towards the minyan. However, in these cases the reason why women are counted is not because they constitute a "congregation," but rather because a public audience is required.<ref>{{cite book | last = Meiselman | first =Moshe | title = Jewish Woman in Jewish Law | year = 1978 | publisher = Ktav Publishing | isbn = 0-87068-329-2 | pages = 136–40}}</ref> | |||
A possible reason why it is men who were obligated to form a congregation in order to convene the Divine Presence is that women were individually considered sufficiently holy and did not require the combination of a group and special prayers to achieve added holiness deficient in men. Due to the righteousness of the women in the wilderness, they did not suffer the same deadly fate as their male counterparts, and despite the spies’ negative report about the holy land, wished to enter it.<ref>{{cite book | |||
| last = Aiken | |||
| first =Lisa | |||
| title = To Be A Jewish Woman | |||
| year = 1993 | |||
| publisher = Aronson | |||
| isbn = 0-87668-609-9 | |||
| page = 58 | |||
}}</ref> | |||
Others point to the sociological reality that women were traditionally expected to care for the house and children. The Jewish tradition did not require women to leave their social role to engage in public prayer.<ref name= BermanWomen>Rabbi Saul Berman, "The Status of Women in Halakhic Judaism", Tradition, Fall 1973, pp. 5–8.</ref> | |||
====Reform==== | |||
In 1845, rabbis attending the ] of the emerging ] declared that women count in a minyan, a formalization of a customary Reform practice dating back to 1811.<ref>{{cite book | place = ] | url= http://uf.sjc.vic.edu.au/religious-traditions-depth-studies/07/39/ | series =Understanding Faith | title = 45: Religious Traditions Depth Studies | chapter = 7: Significant People and Ideas in Judaism | publisher = VIC |access-date= 22 May 2022 |archive-url=https://web.archive.org/web/20140821083705/http://uf.sjc.vic.edu.au/religious-traditions-depth-studies/07/39/ |archive-date=21 August 2014 |url-status=dead}}</ref> | |||
====Conservative==== | |||
In 1973, the ] of ] voted to count men and women equally as members of a minyan.<ref>{{cite web|url=http://www.jta.org/1973/09/11/archive/women-equal-with-men-in-minyan |title= Women Equal with Men in Minyan |publisher= Jewish Telegraphic Agency |date=1973-09-11 |access-date=2016-10-13}}</ref> In 2002, the Committee adapted a ] by Rabbi David Fine which provides an official religious-law foundation for women counting in a ''minyan'' and explains the current Conservative approach to the role of women in prayer.<ref name="Fine">{{cite web |last=Fine |first=Rabbi David J. |date=12 June 2012 |title=Women and the Minyan |url=http://www.rabbinicalassembly.org/sites/default/files/public/halakhah/teshuvot/19912000/oh_55_1_2002.pdf |access-date=23 May 2011 |work=Committee on Jewish Law and Standards of the Rabbinical Assembly |publisher=Rabbinical Assembly |language=en, he |location=New York, NY}}</ref> This responsum holds that, although Jewish women do not traditionally have the same obligations as men, Conservative women have, as a collective whole, voluntarily undertaken them. Because of this collective undertaking, the Fine responsum holds that Conservative women are eligible to serve as agents and decision-makers for others. The responsum also holds that traditionally-minded communities and individual women can opt out without being regarded by the Conservative movement as sinning. By adopting this responsum, the CJLS found itself in a position to provide a considered Jewish-law justification for its egalitarian practices, without having to rely on potentially unconvincing arguments, undermine the religious importance of community and clergy, ask individual women intrusive questions, repudiate the ''halakhic'' tradition, or label women following traditional practices as sinners. | |||
===Transgressors=== | |||
The question of whether a sinner can be counted for a ''minyan'' has become much more pertinent in recent generations, where a general malaise in religious observance among the majority of Jews has occurred. The Shulchan Aruch states that though a person may be a notorious and habitual sinner and has even committed a ] unless a person has been placed under a religious ban due to his sinful behavior, he is counted among the ten. The source provided for this sentiment is from the incident with ] who, despite having been put to death for his transgression, was still referred to as a Jew.<ref>] ] 55:11–12</ref> However, the ] explains that this is only true if he sins for self-satisfaction, but if a person sins to spite God or has openly severed their connection with the Jewish people by professing a hostile creed or by publicly desecrating the Shabbat, such a person is prohibited from constituting a minyan.<ref>] 55</ref> Nevertheless, many contemporary authorities have been driven to adopt a lenient view in the face of widespread public non-observance of the Shabbat, on the presumption that it does not indicate a deliberate denial of faith, but is rather a result of ignorance and succumbing to the pressure of social and economic conditions.<ref>{{cite book | last = Appel | first =Gershon | title = The Concise Code of Jewish Law | year = 1978 | publisher = Ktav Publishing | isbn = 0-87068-298-9 | page = 63}}</ref><ref>'']'' ] 29</ref> | |||
===Proselytes=== | |||
{{see also|Proselyte}} | |||
Even though ] deduce from the Talmud in ] 38b that wherever the verse states “children of Israel” it comes to exclude a proselyte unless there is specific clause for inclusion, here with regard to ''minyan'' the sources state that there is no reasoning to exclude a full-fledged proselyte. Since such a person is permitted to act as a prayer leader, obviously they can count towards a ''minyan''.<ref>''] '' 55:17</ref> | |||
===Those who are unable to respond=== | |||
As long as a person is of sufficient intelligence, he can be included in the ''minyan'', even if he is unable to respond to the prayers which make the presence of ten a necessity. According to some sources, this is because as long as ten are gathered the ] descends and it is feasible to pronounce a ''Dvar she'bekedusha''. This includes someone who is in the middle of his prayers but is precluded from responding to the ]’s incantations and someone who is ] but can hear the prayers — someone who is deaf but has the ability and knows when to respond can also be included. There is however a dispute regarding someone who is asleep or intoxicated. Such a person has sufficient intelligence, but at present can neither hear or respond.<ref>''] '' 55:12–13</ref> Ideally he should be woken to the extent that he is dozing, but in extraneous circumstances where it impossible to arouse him, it is permitted to include the maximum of one sleeping person in the ''minyan''.{{Sfn | Pheufer | 1997 | p = 127}} In the case of a drunkard, the accepted view is that even if he has not reached the “drunkenness of ]”, he still cannot be included.{{Sfn | Pheufer | 1997 | p = 212}} A minimum of six of those gathered in the minyan have a duty to listen attentively and respond appropriately to the additional prayers and that at least nine are required to respond for the repetition of the '']''.{{Sfn | Pheufer | 1997 | p = 126}} | |||
==Arrangement== | |||
It is not just the status of the individual which dictates eligibility; the physical arrangement of the ''minyan'' is also a factor. Maimonides delineates the confines which are placed on the arrangement of the people making up a ''minyan''. Ideally all the members of the minyan should be gathered in one room. However, if they are within hearing distance of one another, it is permitted for the ten to be distributed in two adjoining rooms.<ref>] Tefillah viii</ref> Later authorities limit the extent of this opinion and rule that even if there is an opening between the two rooms, the two groups are still considered separate entities. Only in unusual circumstances is it permitted, as long as some of the men in each room can see each other.<ref>] 55</ref> | |||
==Ten-and-ten minyan (ten men and ten women)== | |||
Over the last decade or so{{when|date=August 2021}}, some very liberal Modern Orthodox communities have formed an attempt to combine commitment to traditional Jewish law with a push for increased participation and recognition of the role of women. While many are simply referred to as ]im, the term used by the ] for those groups that consider themselves part of the Modern Orthodox community is ]. Many of these groups have adopted the custom initially instituted by ] in Jerusalem to wait for a "ten-and-ten minyan", made up of ten men and ten women. | |||
Shira Hadasha has based many of its decisions on the writings of rabbis like ] and ]. Some also use the ], a compendium of halakhic sources supporting increased participation by women in services, as a basis for discussions of practices like the ten-and-ten minyan. | |||
==See also== | |||
* ] | |||
* "]" | |||
* '']'' | |||
* ] | |||
* ] | |||
==Footnotes== | |||
<references/> | |||
==Bibliography== | |||
* {{citation |last= Pheufer |first= A Y |title= Ishei Yisrael – The Laws of Prayer |year=1997 |publisher= Nishmat Aharon ve-Yaakov Institute |location= Jerusalem}} | |||
==Further reading== | |||
*]. "Innovation and authority : a feminist reading of the "women’s minyan" responsum" In Gender Issues in Jewish Law (2001) 3–32 | |||
*].; Wolowelsky, Joel B. "Further on women as prayer leaders and their role in communal prayer; an exchange." Judaism. 42,4 (1993) 387–95. | |||
*]. "Splitting the worshipers into two minyanim for the sake of two mourners." (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); ] vol. 4, ch. 61:4. | |||
*]. "Including one who dwells in the Land of Israel for a minyan on second day yom-tov." (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); ] vol. 4, ch. 106, pp. 196–99. | |||
*]. "Including a person who is praying a different prayer." (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 4, ch. 20, p. 31. | |||
*]. "Including a minor in extraneous circumstances." (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 2, ch. 18, pp. 188–89. | |||
*]. "Forming a minyan of minors for the purpose of religious instruction." (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 2 ch. 98, p. 290. | |||
*]. "Is it sufficient for the minyan to contain a majority of those who have not already prayed?" (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, ] (1982); Orach Chayim vol. 1, ch. 28–30, pp. 72–76. | |||
*]. "Including one who profanes the Sabbath." (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 1, ch. 23, pp. 66–67 & Orach Chayim vol. 1, ch. 19, p. 189. | |||
*]. "Is praying with a minyan obligatory or just preferential?" (Heb.) ''Iggrot Moshe'', Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 1, ch. 31, p. 77; Orach Chayim vol. 2, ch. 27, pp. 200–2; Orach Chayim vol. 3, ch. 7, p. 305 & Orach Chayim vol. 4, ch. 2, p. 27. | |||
*{{cite journal |last=Frimer |first=Rabbi Aryeh A. |author-link=Frimer, Aryeh |date=1988 |title=Women and Minyan |url=https://www.daat.ac.il/daat/english/tfila/frimer2-1.htm |journal=Tradition |publisher=DAAT |place=] |volume=23 |issue=4 |pages=54–77 |access-date=2016-10-13 |archive-date=2019-09-12 |archive-url=https://web.archive.org/web/20190912194311/http://www.daat.ac.il/daat/english/tfila/frimer2-1.htm |url-status=dead }} | |||
*]. "Some thoughts on the nature of halakhic adjudication; women and "minyan"." in Judaism 42,4 (1993) 396–413. | |||
* Oppenheimer, Steven. "The breakaway minyan" in Journal of Halacha and Contemporary Society 46 (2003) 41–59 | |||
* Safrai, Chana. "The "minyan" : gender and democracy" (Heb.) in Men and Women; Gender, Judaism and Democracy. Ed.: Rachel Elior. Jerusalem: Van Leer Jerusalem Institute; Urim Publications, 2004 | |||
* ]. , "Bet Yitzhak" 17 (1985). | |||
*]. "Is it better to include someone who profanes the Sabbath or dissolve the minyan?" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 1, ch. 469. | |||
*]. "Counting the Omer with a minyan" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, ] (1997); vol. 1, ch. 310. | |||
*]. "Including a person whose hearing is assisted with a hearing aid" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 1, ch. 101. | |||
*]. "Including someone who lives with a non-Jewish lady" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 1, ch. 113. | |||
*]. "Including someone who has not yet finished the silent prayer" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 1, ch. 104. | |||
*]. "Including worshipers who are praying outside the synagogue" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 1, ch. 163. | |||
*]. "Sanctifying the new moon with a minyan" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 1, ch. 205. | |||
*]. "Reciting Birkat ha-Gomel in the presence of ten people" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 2, ch. 143. | |||
*]. "Going on holiday to place where there is no minyan" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 2, ch. 63. | |||
*]. "Leaving an exact minyan during prayer" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 2, ch. 62. | |||
*]. "Including an Israeli for the Reading of the Law on second day yom-tov of the diaspora" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 2, ch. 89. | |||
*]. "Including a despondent person with the worry that he may not respond" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 2, ch. 61. | |||
*]. "Annulment of vows on New Year’s eve with a minyan" (Heb.) ''Teshuvos VeHanhagos'', Frank Publishing, Jerusalem (1997); vol. 3, ch. 161. | |||
*]. "In an unenclosed area, how close together must people be to be considered part of the minyan?" (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 2, ch. 44. | |||
*]. "Can one person make up two separate minyanim simultaneously?" (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 2, ch. 45. | |||
*]. "Including a person who desecrates the Sabbath." (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 3, ch. 26:4; vol. 6, ch. 9. | |||
*]. "Including a person who married out" (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 3, ch. 65. | |||
*]. "Can people in a corridor be included in a minyan?" (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 4, ch. 9. | |||
*]. "Regarding a small congregation who need to hire out people to make up the minyan" (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 9, ch. 1, pp. 17–18. | |||
*]. "Can women make up their own minyan" (Heb.) ''Minchat Yitzchak'', Minchat Yitzchak Publishing, Jerusalem (1991); vol. 9, ch. 11a, p. 17. | |||
*{{cite journal |last1=Wolowelsky |first1=Joel B.|author-link=Joel B. Wolowelsky |title=Women's Participation in Sheva Berakhot |journal=Modern Judaism |doi=10.1093/mj/12.2.157 |year=1992 |volume=12 |issue=2 |page=157}} | |||
==External links== | ==External links== | ||
* – '']'' article. | |||
* by | |||
* Find an Orthodox Minyan anywhere in the world. | |||
* on Ask Moses | |||
* {{cite web|url= https://jewishaction.com/opinion/whats-truth-davening-minyan/|title=What's the Truth about... Davening with a Minyan? |date=18 October 2004 }} (jewishaction.com) | |||
* on | |||
* (Modern Orthodox view of women in minyan for various purposes) | |||
{{Jews and Judaism}} | |||
] | |||
] | |||
] | ] | ||
] | |||
] | |||
] | ] | ||
] |
Latest revision as of 14:08, 24 December 2024
Quorum of ten Jewish adults for certain religious obligations This article is about the term used in Judaism. For other uses, see Minyan (disambiguation).Halakhic texts relating to this article | |
---|---|
Torah: | Leviticus 22:32 |
Mishnah: | Megillah 4:3 |
Babylonian Talmud: | Megillah 23b; Sanhedrin 74b |
Jerusalem Talmud: | Megillah 4:4 |
Mishneh Torah: | Hilchot Tefillah 8:1 |
Shulchan Aruch: | Orach Chayim 55 |
In Judaism, a minyan (Hebrew: מניין \ מִנְיָן mīnyān [minˈjan], lit. (noun) count, number; pl. מניינים \ מִנְיָנִים mīnyānīm [minjaˈnim]) is the quorum of ten Jewish adults required for certain religious obligations. In more traditional streams of Judaism, only men 13 and older may constitute a minyan; the minimum of 10 Jews needed for a meeting has its origin in Abraham's prayer to God in Genesis 18:23. The minyan also has its origin in judicial structure of ancient Israel as Moses first established it in Exodus 18:25 (i.e., the "rule of the 10s"). This we find reiterated in Cyrus Adler’s and Lewis N. Dembitz’s “Minyan,” Jewish Encyclopedia, stating: "The minimum of ten is evidently a survival in the Synagogue from the much older institution in which ten heads of families made up the smallest political subdivision. In Ex. xviii. Moses, on the advice of Jethro, appoints chiefs of tens, as well as chiefs of fifties, of hundreds, and of thousands. In like manner there were the decurio among the Romans and the tithingman among the early English."
The most common activity requiring a minyan is public prayer. Accordingly, the term minyan in contemporary Judaism has taken on the secondary meaning of referring to a prayer service.
Sources
The source for the requirement of minyan is recorded in the Talmud. The word minyan itself comes from the Hebrew root maneh מנה meaning to count or to number. The word is related to the Aramaic word mene, numbered, appearing in the writing on the wall in Daniel 5:25.
Babylonian Talmud
The Babylonian Talmud (Megillah 23b) derives the requirement of a minyan of ten shomer Shabbat for Kiddush Hashem and Devarim she-Bikdusha, "matters of sanctity", by using the rule of gezerah shavah to link three verses based on shared word-choice:
The word "midst" in the verse:
And I shall be sanctified in the midst of the children of Israel (Leviticus 22:32)
also appears in the verse:
Separate yourselves from the midst of the congregation (Numbers 16:21)
The term "congregation" is also used in another verse that describes the ten spies (of a total of twelve) who brought back a negative report of the Land of Israel:
How long shall I bear with this evil congregation which murmur against me? (Numbers 14:27)
From this combination, the Talmud concludes that "sanctification" should occur in the "midst" of a "congregation" of ten.
Jerusalem Talmud
The Jerusalem Talmud (Megillah 4:4) offers two sources for the requirement, also using a gezerah shavah:
The word "congregation" in the verse:
Speak to all the congregation of the children of Israel, and say to them: You shall be holy (Leviticus 19:2)
is also used in another verse:
How long shall I bear with this evil congregation which murmur against me? (Numbers 14:27)
Since the term "congregation" in the later verse refers to the ten spies, so too in the former verse: "You shall be holy" refers to a "congregation" of ten.
The second source is based on the term "children of Israel" which appears in the following two verses:
And I shall be sanctified in the midst of the children of Israel (Leviticus 22:32)
And the children of Israel came to buy among those that came (Genesis 42:5)
Just as the "children of Israel" in the later verse refers to the ten sons of Jacob who descended to Egypt to obtain food during the famine, so too the former verse refers to sanctification among the “children of Israel” in the presence of ten.
Rituals requiring a minyan
Some rituals require a minyan; the presence of a rabbi (a teacher, not a priest) is not essential—it is said that "nine rabbis do not constitute a minyan, but ten cobblers can".
The following instances which require a minyan are listed in the Mishnah in Megillah (4:3):
- Public worship, which consists of the additional readings of Kaddish, Barechu, Kedusha and the Repetition of the Amidah. The minor tractate Soferim contains a passage (10:7) often interpreted as asserting that in Land of Israel at that time seven men were allowed to hold public services. Correctly interpreted it refers to the repeating of "Kaddish" and "Barechu" at the synagogue for the benefit of late comers, and declares that in Israel such a repetition is permitted only when seven (according to others, when six) men are present who have not yet heard these responsive readings.
- The priestly blessing.
- Reading from the Torah and Prophets with the associated benedictions.
- Seven benedictions recited at a wedding, or at any meal of the bridegroom and bride within a week from the wedding. However, the last blessing (asher barah) may be recited in the presence of three men.
- Using the formulation "Let us bless our God, from whose wealth we have eaten," in preparing for Grace after meals.
- Ancient funeral ceremonies, no longer in use, which incorporated arranging the standing and sitting, reciting the benedictions of the mourners and the consolation of the mourners.
Other instances which require the presence of a minyan include:
- Recitation of the Thirteen Attributes of Mercy
- Recitation of Birkat ha-Gomel.
While the required quorum for most activities requiring a quorum is usually ten, it is not always so. For example, the Passover sacrifice or Korban Pesach (from the days of the Temple in Jerusalem) must be offered before a quorum of 30. (It must be performed in front of kahal adat yisrael, the assembly of the congregation of Israel. Ten are needed for the assembly, ten for the congregation, and ten for Israel.) According to some Talmudic authorities, women counted in the quorum of 30 for offering the Korban Pesach (e.g. Rav, Rav Kahana, Pesachim 79b).
Prayer with a minyan
It was the firm belief of the sages that wherever ten Israelites are assembled, either for worship or for the study of the Law, the Divine Presence dwells among them. In rabbinical literature, those who meet for study or prayer in smaller groups, even one who meditates or prays alone, are to be praised. However, the stress is put upon the merits and sacredness of the minyan of ten. The codifiers, such as Maimonides, his annotators, and the author of the Shulkhan Arukh, have unitedly given strength to this sentiment, and have thus, for more than a thousand years, made the daily attendance at public worship, morning and evening, to be conducted with a quorum of ten.
There is a disagreement between the medieval commentators on whether prayer with a minyan is preferable or obligatory. Rashi is of the view that an individual is obligated to pray with a minyan, while Nahmanides holds that only if ten adult males are present are they obliged to recite their prayer together, but an individual is not required to seek out a minyan.
Rashi and the Tosafot are both of the opinion that one is required to travel the distance of 4 mil to pray with a minyan (contemporary authorities differ as to whether this is a distance or a time that it would have taken to travel this distance and with modern technology one would need to travel a lot further). The Mishnah Berurah writes that one who is sitting at home must travel up to one mil.
Eligibility
There is much discussion in rabbinic literature on the matter of who is eligible to be counted in a minyan. Some discussions revolve around whether or not a minyan should consist of individuals who are obligated in performance of that particular precept. Some authorities deduce who may constitute a minyan by drawing on the verses which are brought as the basis for minyan and their implication. For example, the verse, "How long shall I bear with this evil congregation which murmur against me?" is referring to the ten spies, a congregation comprising Jewish adult males. It is understood from this that a minyan must likewise comprise ten Jewish adult males. Other classical sources base their rulings on discussions brought in the Talmud. Contemporary rabbinical authorities deal with a plethora of questions relating to qualification for minyan.
Minors
Before a boy turns thirteen, he is considered a minor in Jewish law and is not obligated in the performance of religious precepts. However, if a child is over six years of age and has adequate comprehension of the significance of the precepts, his status may change. His inclusion in minyan is thus subject of Talmudic dispute. Based on the Talmudic passage in Berachot, Rabbeinu Tam states that a minor can act as the tenth person and according to the Baal Ha-Maor, up to four minors would be permitted. Rosh explains that those who permit the inclusion of a minor maintain that it is the Divine Presence which actually constitutes the tenth member, thereby validating the minyan — this may explain why some of these authorities require that the minor represent this fact by holding a chumash. However the majority of poskim follow the conclusion of the Ri who holds that a minor can never be counted in a minyan under any circumstances. This is the stance taken by the Shulchan Aruch, who, although acknowledging some authorities do permit the inclusion of an astute six-year-old, writes that consensus rejects this view and only males over the age of thirteen may constitute a minyan. However, in extraordinary circumstances some are lenient and permit a minor over six years old holding a chumash or Sefer Torah to complete a minyan. Rabbi Moshe Feinstein says that we can rely on this because most of the laws of Minyan are Rabbinical in nature (except for the laws of Kiddush Hashem), so one can conclude that when dealing with a Biblical law of Minyan (such as Sanctifying God's name in public) one would not be able to count a child.
Women
Although the issue of whether women are permitted to make up a minyan has been noted in early works, the matter has only come to the fore in the past few decades, a reaction to an enhanced role of women in modern society and to the demand for their inclusion in all areas of religious life.
The Talmud itself does not directly address the question of whether women may count as part of a minyan for devarim shebkdusha. Since the Talmud uses the same gezerah shavah for Kiddush Hashem as it uses for devarim shebkdusha, one may expect the laws for those two cases to be the same. Many authorities are of the opinion that women are included in the minyan for Kiddush Hashem and Hillul Hashem. However, traditional codifiers generally do not include women in the minyan for devarim shebkdusha.
The Talmud (Arakhin 3a) relates that women are required to recite zimmun of three participants, and Berakhot 45 says that women may recite the zimmun. However, the majority of scholars are of the opinion that ten women may not recite the additional form of zimun be-Shem, which is obligatory when ten men are present. The few authorities who do permit ten women to use the zimmun be-Shem formulation explain that the necessity for ten in this case is unique and cannot be compared to other instances requiring minyan. Only Rabbeinu Simcha among these authorities mentions the possibility of one woman's joining with nine men to form a minyan for prayer. This isolated opinion is rejected by the codifiers. There are a number of cases, including reading of the megillah, where a limited number of authorities count women towards the minyan. However, in these cases the reason why women are counted is not because they constitute a "congregation," but rather because a public audience is required.
A possible reason why it is men who were obligated to form a congregation in order to convene the Divine Presence is that women were individually considered sufficiently holy and did not require the combination of a group and special prayers to achieve added holiness deficient in men. Due to the righteousness of the women in the wilderness, they did not suffer the same deadly fate as their male counterparts, and despite the spies’ negative report about the holy land, wished to enter it. Others point to the sociological reality that women were traditionally expected to care for the house and children. The Jewish tradition did not require women to leave their social role to engage in public prayer.
Reform
In 1845, rabbis attending the Frankfort Synod of the emerging Reform Judaism declared that women count in a minyan, a formalization of a customary Reform practice dating back to 1811.
Conservative
In 1973, the Committee on Jewish Law and Standards of Conservative Judaism voted to count men and women equally as members of a minyan. In 2002, the Committee adapted a responsum by Rabbi David Fine which provides an official religious-law foundation for women counting in a minyan and explains the current Conservative approach to the role of women in prayer. This responsum holds that, although Jewish women do not traditionally have the same obligations as men, Conservative women have, as a collective whole, voluntarily undertaken them. Because of this collective undertaking, the Fine responsum holds that Conservative women are eligible to serve as agents and decision-makers for others. The responsum also holds that traditionally-minded communities and individual women can opt out without being regarded by the Conservative movement as sinning. By adopting this responsum, the CJLS found itself in a position to provide a considered Jewish-law justification for its egalitarian practices, without having to rely on potentially unconvincing arguments, undermine the religious importance of community and clergy, ask individual women intrusive questions, repudiate the halakhic tradition, or label women following traditional practices as sinners.
Transgressors
The question of whether a sinner can be counted for a minyan has become much more pertinent in recent generations, where a general malaise in religious observance among the majority of Jews has occurred. The Shulchan Aruch states that though a person may be a notorious and habitual sinner and has even committed a capital offense unless a person has been placed under a religious ban due to his sinful behavior, he is counted among the ten. The source provided for this sentiment is from the incident with Achan who, despite having been put to death for his transgression, was still referred to as a Jew. However, the Pri Megadim explains that this is only true if he sins for self-satisfaction, but if a person sins to spite God or has openly severed their connection with the Jewish people by professing a hostile creed or by publicly desecrating the Shabbat, such a person is prohibited from constituting a minyan. Nevertheless, many contemporary authorities have been driven to adopt a lenient view in the face of widespread public non-observance of the Shabbat, on the presumption that it does not indicate a deliberate denial of faith, but is rather a result of ignorance and succumbing to the pressure of social and economic conditions.
Proselytes
See also: ProselyteEven though Tosafot deduce from the Talmud in Sukkah 38b that wherever the verse states “children of Israel” it comes to exclude a proselyte unless there is specific clause for inclusion, here with regard to minyan the sources state that there is no reasoning to exclude a full-fledged proselyte. Since such a person is permitted to act as a prayer leader, obviously they can count towards a minyan.
Those who are unable to respond
As long as a person is of sufficient intelligence, he can be included in the minyan, even if he is unable to respond to the prayers which make the presence of ten a necessity. According to some sources, this is because as long as ten are gathered the Divine Presence descends and it is feasible to pronounce a Dvar she'bekedusha. This includes someone who is in the middle of his prayers but is precluded from responding to the hazzan’s incantations and someone who is mute but can hear the prayers — someone who is deaf but has the ability and knows when to respond can also be included. There is however a dispute regarding someone who is asleep or intoxicated. Such a person has sufficient intelligence, but at present can neither hear or respond. Ideally he should be woken to the extent that he is dozing, but in extraneous circumstances where it impossible to arouse him, it is permitted to include the maximum of one sleeping person in the minyan. In the case of a drunkard, the accepted view is that even if he has not reached the “drunkenness of Lot”, he still cannot be included. A minimum of six of those gathered in the minyan have a duty to listen attentively and respond appropriately to the additional prayers and that at least nine are required to respond for the repetition of the Amidah.
Arrangement
It is not just the status of the individual which dictates eligibility; the physical arrangement of the minyan is also a factor. Maimonides delineates the confines which are placed on the arrangement of the people making up a minyan. Ideally all the members of the minyan should be gathered in one room. However, if they are within hearing distance of one another, it is permitted for the ten to be distributed in two adjoining rooms. Later authorities limit the extent of this opinion and rule that even if there is an opening between the two rooms, the two groups are still considered separate entities. Only in unusual circumstances is it permitted, as long as some of the men in each room can see each other.
Ten-and-ten minyan (ten men and ten women)
Over the last decade or so, some very liberal Modern Orthodox communities have formed an attempt to combine commitment to traditional Jewish law with a push for increased participation and recognition of the role of women. While many are simply referred to as independent minyanim, the term used by the Jewish Orthodox Feminist Alliance for those groups that consider themselves part of the Modern Orthodox community is partnership minyan. Many of these groups have adopted the custom initially instituted by Shira Hadasha in Jerusalem to wait for a "ten-and-ten minyan", made up of ten men and ten women.
Shira Hadasha has based many of its decisions on the writings of rabbis like Mendel Shapiro and Daniel Sperber. Some also use the Guide for the Halakhic Minyan, a compendium of halakhic sources supporting increased participation by women in services, as a basis for discussions of practices like the ten-and-ten minyan.
See also
Footnotes
- Cyrus Adler’s and Lewis N. Dembitz’s “Minyan,” Jewish Encyclopedia, https://www.jewishencyclopedia.com/articles/10865-minyan
- ibid., at https://www.jewishencyclopedia.com/articles/10865-minyan
- Sanhedrin 74b
- "Temple Israel Chronicle, January 2009, p3" (PDF). Archived from the original (PDF) on 2016-03-04. Retrieved 2015-10-10.
- Shulchan Aruch Even Ha-ezer 62:4.
- Shulchan Aruch OC 565:5
- Shulchan Aruch OC 219:3
- Maimonides writes that "The prayer of the community is always heard; and even if there were sinners among them, the Holy One, blessed be He, never rejects the prayer of the multitude. Hence a person must join himself with the community, and should not pray by himself so long as he is able to pray with the community." Mishneh Torah Hilkhot Tefillah 8:1
- Meiselman, Moshe (1978). Jewish Woman in Jewish Law. Ktav Publishing Inc. p. 134. ISBN 0-87068-329-2.
- Rashi and Tosafot to Talmud Bavli Pesachim 46a
- Savannah at the Hashkafah.com forums quoting https://www.dafdigest.org/pesachim/Pesachim%20046.pdf
- Tosafot Berachot 47b
- Shulchan Aruch OC 55
- Ziegler, Aharon (2004). "Counting a Minor in a Minyan". Halakhic positions of Rabbi Joseph B. Soloveitchik: Volume III. Rowman & Littlefield. pp. 26–28. ISBN 0-7425-4293-9.
- See Igrot Moshe OC 2:18.
- Bleich, J. David (1976). "The Synagogue: Women in a Minyan?". Contemporary Halakhic Problems. Vol. I. Ktav Publishing. pp. 28–83. ISBN 0-87068-450-7.
- Meiselman, Moshe (1978). Jewish Woman in Jewish Law. Ktav Publishing. pp. 136–40. ISBN 0-87068-329-2.
- Aiken, Lisa (1993). To Be A Jewish Woman. Aronson. p. 58. ISBN 0-87668-609-9.
- Rabbi Saul Berman, "The Status of Women in Halakhic Judaism", Tradition, Fall 1973, pp. 5–8.
- "7: Significant People and Ideas in Judaism". 45: Religious Traditions Depth Studies. Understanding Faith. AU: VIC. Archived from the original on 21 August 2014. Retrieved 22 May 2022.
- "Women Equal with Men in Minyan". Jewish Telegraphic Agency. 1973-09-11. Retrieved 2016-10-13.
- Fine, Rabbi David J. (12 June 2012). "Women and the Minyan" (PDF). Committee on Jewish Law and Standards of the Rabbinical Assembly (in English and Hebrew). New York, NY: Rabbinical Assembly. Retrieved 23 May 2011.
- Beit Yosef OC 55:11–12
- OC 55
- Appel, Gershon (1978). The Concise Code of Jewish Law. Ktav Publishing. p. 63. ISBN 0-87068-298-9.
- Melamed Le-ho'il OC 29
- Kaf Hachayim 55:17
- Aruch Hashulchan 55:12–13
- Pheufer 1997, p. 127.
- Pheufer 1997, p. 212.
- Pheufer 1997, p. 126.
- Mishnah Torah Tefillah viii
- Mishna Berurah 55
Bibliography
- Pheufer, A Y (1997), Ishei Yisrael – The Laws of Prayer, Jerusalem: Nishmat Aharon ve-Yaakov Institute
Further reading
- Adler, Rachel. "Innovation and authority : a feminist reading of the "women’s minyan" responsum" In Gender Issues in Jewish Law (2001) 3–32
- Broyde, Michael J.; Wolowelsky, Joel B. "Further on women as prayer leaders and their role in communal prayer; an exchange." Judaism. 42,4 (1993) 387–95.
- Feinstein, Moses. "Splitting the worshipers into two minyanim for the sake of two mourners." (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Yoreh Deah vol. 4, ch. 61:4.
- –––. "Including one who dwells in the Land of Israel for a minyan on second day yom-tov." (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 4, ch. 106, pp. 196–99.
- –––. "Including a person who is praying a different prayer." (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 4, ch. 20, p. 31.
- –––. "Including a minor in extraneous circumstances." (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 2, ch. 18, pp. 188–89.
- –––. "Forming a minyan of minors for the purpose of religious instruction." (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 2 ch. 98, p. 290.
- –––. "Is it sufficient for the minyan to contain a majority of those who have not already prayed?" (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, NY (1982); Orach Chayim vol. 1, ch. 28–30, pp. 72–76.
- –––. "Including one who profanes the Sabbath." (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 1, ch. 23, pp. 66–67 & Orach Chayim vol. 1, ch. 19, p. 189.
- –––. "Is praying with a minyan obligatory or just preferential?" (Heb.) Iggrot Moshe, Noble Press Book Corp. Brooklyn, New York (1982); Orach Chayim vol. 1, ch. 31, p. 77; Orach Chayim vol. 2, ch. 27, pp. 200–2; Orach Chayim vol. 3, ch. 7, p. 305 & Orach Chayim vol. 4, ch. 2, p. 27.
- Frimer, Rabbi Aryeh A. (1988). "Women and Minyan". Tradition. 23 (4). IL: DAAT: 54–77. Archived from the original on 2019-09-12. Retrieved 2016-10-13.
- Hauptman, Judith. "Some thoughts on the nature of halakhic adjudication; women and "minyan"." in Judaism 42,4 (1993) 396–413.
- Oppenheimer, Steven. "The breakaway minyan" in Journal of Halacha and Contemporary Society 46 (2003) 41–59
- Safrai, Chana. "The "minyan" : gender and democracy" (Heb.) in Men and Women; Gender, Judaism and Democracy. Ed.: Rachel Elior. Jerusalem: Van Leer Jerusalem Institute; Urim Publications, 2004
- ]. Essay on women's minyan, "Bet Yitzhak" 17 (1985).
- Sternbuch, Moishe. "Is it better to include someone who profanes the Sabbath or dissolve the minyan?" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 469.
- –––. "Counting the Omer with a minyan" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 310.
- –––. "Including a person whose hearing is assisted with a hearing aid" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 101.
- –––. "Including someone who lives with a non-Jewish lady" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 113.
- –––. "Including someone who has not yet finished the silent prayer" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 104.
- –––. "Including worshipers who are praying outside the synagogue" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 163.
- –––. "Sanctifying the new moon with a minyan" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 1, ch. 205.
- –––. "Reciting Birkat ha-Gomel in the presence of ten people" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 2, ch. 143.
- –––. "Going on holiday to place where there is no minyan" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 2, ch. 63.
- Sternbuch, Moishe. "Leaving an exact minyan during prayer" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 2, ch. 62.
- –––. "Including an Israeli for the Reading of the Law on second day yom-tov of the diaspora" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 2, ch. 89.
- –––. "Including a despondent person with the worry that he may not respond" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 2, ch. 61.
- –––. "Annulment of vows on New Year’s eve with a minyan" (Heb.) Teshuvos VeHanhagos, Frank Publishing, Jerusalem (1997); vol. 3, ch. 161.
- Weiss, Yitzchok Yaakov. "In an unenclosed area, how close together must people be to be considered part of the minyan?" (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 2, ch. 44.
- –––. "Can one person make up two separate minyanim simultaneously?" (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 2, ch. 45.
- –––. "Including a person who desecrates the Sabbath." (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 3, ch. 26:4; vol. 6, ch. 9.
- –––. "Including a person who married out" (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 3, ch. 65.
- –––. "Can people in a corridor be included in a minyan?" (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 4, ch. 9.
- –––. "Regarding a small congregation who need to hire out people to make up the minyan" (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 9, ch. 1, pp. 17–18.
- –––. "Can women make up their own minyan" (Heb.) Minchat Yitzchak, Minchat Yitzchak Publishing, Jerusalem (1991); vol. 9, ch. 11a, p. 17.
- Wolowelsky, Joel B. (1992). "Women's Participation in Sheva Berakhot". Modern Judaism. 12 (2): 157. doi:10.1093/mj/12.2.157.
External links
- "Minyan" – Jewish Encyclopedia article.
- The Minyan Project by Mechon Hadar
- GoDaven.com Find an Orthodox Minyan anywhere in the world.
- "What is a Minyan?" on Ask Moses
- "What's the Truth about... Davening with a Minyan?". 18 October 2004. (jewishaction.com)
- Minyan in the Jewish Knowledge Base on Chabad.org
- Frimer, A., "Women and Minyan". Tradition 23:4, pp. 54–77 (1988) (Modern Orthodox view of women in minyan for various purposes)
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