THE MINYAN

QUESTION:

May there be the public reading of the Torah if there are not at least ten adults in the congregation? (Asked by Efrem Schwartz, Monroeville, Pennsylvania.)

ANSWER:

The question as to what constitutes a necessary quorum for public worship seems clear-cut in the law, but there are enough modifications involved to make it worthwhile to clarify the actual status of the requirements.

The term edah, which means “congregation,” is understood to imply a minimum of ten adults. How edah, “congregation,” came to be defined as a minimum of ten is based upon the incident of the twelve spies sent to spy out the land of Canaan discussed in Numbers 14:26. God, referring to the spies, said: “How long must I endure this evil congregation? ” Of course, Joshua and Caleb, who brought back a favorable report, were not included in the term “evil congregation.” Thus, we conclude that edah is twelve minus two, or ten.

The Mishnah, Megilla 4:3, discusses the various religious services that require a congregation, an edah, namely a minimum of ten. It says there may not be the public priestly blessing if there are less than ten adults present. There may not be the special ceremony of halting and starting again in the funeral procession unless there is a minimum of ten mourners. The joint grace after meals, using God’s name in the formula of invocation, may not be done with less than ten. The Qaddish may not be recited unless there are ten worshipers.

All this seems clear and definite, and yet it was recognized early that it was not always possible to get a minyan of ten, as for example, in a small town, or under other special circumstances. Therefore, some of the rabbis tried to find a reason for easing the strict requirements. Many of these are mentioned in the Talmud, Megillah 23b, and in Berakhot 47b. One scholar came to the synagogue with his slave and there were only nine worshipers including him. He freed the slave and that made a minyan. Some say that if there are nine, but they are standing crowded together and they look like ten, that might in emergency be sufficient. The Talmud also says that nine people plus the Ark could be considered as ten. Another said that if the tenth person is sound asleep, he may be included in the minyan. Another said that if a tenth man is behind the synagogue, outside, but there is an open window through which the people can see each other, he may be included.

After the Talmud, this matter continues to be a subject of discussion and disagreement. Jacob of Marvege, a French scholar after the time of Rashi, one of the Tossafists, composed a series of responsa called Min Hashamayim. In this ancient collection #53, the question is taken up and he decides that if a boy is eleven or twelve, i.e., if he has begun his studies, he may be included as the tenth to make up the minyan.

In the edition of this work by Reuben Margolis, the editor adds a long note which cites virtually all the relevant discussion on this matter. He cites David Ben Zimri (Radbaz) who deals with the problem of travelers on shipboard where there happens to be only nine Jewish adults. Here it would be impossible to find a tenth eligible adult, so a boy may be included; but if it is not such an emergency, this is not permissible.

It is evident, then, that this is more or less an open question. In Sefer Haorah, by one of Rashi’s disciples, we are told (#156) that Rashi opposed this practice, yet Rashi’s famous grandson, Jacob ben Meir (Rabbenu Tam) permitted it (cf. Tosfot to Berakhot 48a). So the Shulhan Arukh (Orah Hayyim 55:4) says: “Some permit it in time of emergency.” (besha-at ha-dekhaq) and Isserles says (ibid): “It is now customary to permit it.”

All these indicate an attempt to ease the requirement of ten if it is an emergency situation. Of these various easements there is one that is occasionally practiced nowadays. If there are nine adults and they cannot get a tenth, they will include a boy with a Bible in his hands.

In other words, in the light of the above, it is clear that Torah reading always requires a minimum of ten, but occasionally in emergency, nine plus a substitute is, we might say, reluctantly accepted.