Chapter 13: Laws relating to a Minyan[1]

1. Which prayers require a Minyan?[2]

A Davar Shebekedusha, which includes the saying of Kaddish, Kedusha, Barchu, Chazaras Hashatz, the Yud Gimel Midos, Kerias Hatorah, all require a Minyan in order to be said.

2. Definition of a Minyan:

Ten men:[3] A Minyan consists of ten adult men.

Do all ten people have to be within the same room?[4] All ten people must be within the same room. If they are in two separate rooms, then if they do not see each other, they do not join for a Minyan. If, however, the people in the second room show their face to the people in the first room [i.e. through an open door or window], then they join them for the Minyan even though they are not in the same room. If the Chazan says the Kaddish on the doorway between the two rooms, then even if the people in the two rooms do not see each other, they all join for the Minyan. This law however only applies for the Chazan, and not for any other participant who is answering for the Minyan [unless he shows his face to the people in the first room].

Nine people paying attention to Chazan:[5] In addition to the requirement of having a Minyan present in the room, one is also required to have at least nine people paying attention to the Chazan who is saying the Kaddish, Kedusha or Barchu or Chazaras Hashatz or Kerias Hatora.

How many Answers:[6] In addition to having at least nine people paying attention, one must also have a certain amount of people within the Minyan who answer to the Kaddish, Kedusha, Barchu and Chazaras Hashatz. In this regard, there is a difference between Kaddish, Kedusha, Barchu versus Chazaras Hashatz. By the former, it suffices to have six people in total involved in the answering [which is five people answering to the Chazan, for a total of six[7]] and hence if four people are still in the middle of Shemoneh Esrei, Kaddish, Kedusha, and Barchu may still be recited. [However, it is only permitted to say Kaddish with 5 answers if the other four people are paying attention to the Kaddish, such as if they stop to hear the Kaddish. If, however, they are talking, then since they are not paying attention, they do not count, as stated above.] However, by Chazaras Hashatz we require that there not only be nine people paying attention to the Chazan but that there also be nine people actually answering Amen to the blessings of the Chazan. Thus, one may not begin Chazaras Hashtaz until he has 9 people who are able to answer. Thus, if one of the ten are in middle of Birchas Shema or Shemoneh Esrei, then one must wait. [According to the rulings of the Alter Rebbe, one may not rely on those who are lenient to consider one who begins Shemoneh Esrei together with the Chazzan as one of the nine answers, as one needs nine people actually answering.]

How many people are required to daven together Shemoneh Esrei for it to be considered a Minyan?[8] So long as 6 people are Davening Shemoneh Esrei simultaneously, it is considered a Minyan in all regards, including Chazaras Hashatz and the Mitzvah of praying with a Minyan. However, some rule that in order for the prayer to fulfill the Mitzvah of Davening with a Minyan, ten people must be davening simultaneously. Nonetheless even according to this opinion, it suffices to have six people davening simultaneously in order to say Chazaras Hashatz. Practically, the custom is like the former opinion.

3. Who joins a Minyan:[9]

Adult men: Only non-slave male adult Jews that are above the age of Bar Mitzvah are able to join for a Minyan.

Women: Women do not join a Minyan.

Child:[10] Children do not join a Minyan. If there are only 9 people in a Shul and there is a male child present, some Poskim allow the child to join the Minyan if he holds a Sefer Torah. From the letter of the law, one may rely on this opinion in a time of need. Practically, however, one is not to follow this opinion even in a time of need.

Age-At what age may a child join a Minyan:[11] A child must be the age of 13 and a day and have grown two pubic hairs to join a Minyan. Nevertheless, it is not necessary to check the boy to verify the growth of two hairs for the sake of having him join the Minyan, and one can assume that he has grown it once he reaches the age of 13.

Sleeping-Is one who is sleeping considered to be part of the Minyan?[12] This matter is disputed in Poskim. Practically, since one is anyways able to wake up the individual, therefore one should not be lenient and should simply wake him up. However, one may be lenient by a heavy-set individual whom it is difficult to wake up, to consider him part of the Minyan if he has not yet slept 30 minutes.

Person talking:[13] One who is talking is not considered part of the Minyan.

Mute:[14] A person who is mute but can hear, may be considered part of the Minyan for Kaddish, however not for Chazaras Hashatz.

Deaf:[15] A person who is deaf but can speak may be considered part of the Minyan, with exception to Chazaras Hashatz.

Deaf-mute:[16]  One who is a deaf mute is considered the status of a Shoteh who is exempt from Torah and Mitzvos, and hence cannot join a Minyan.

Shoteh-Insane:[17] One who is insane cannot join a Minyan.

Not religious Jews:[18] One who is not Shomer Shabbos in public cannot join a Minyan. However, today the Poskim agree that a Tinok Shenishba, which is the status of all non-religious Jews in today’s time, may join a Minyan.

4. Lost Minyan in middle:[19]

In middle of Davar Shebekidusha: Whenever one began Kaddish or Kedusha or Kerias Hatorah or Chazaras Hashatz with a Minyan and a person then left and broke the Minyan, thus leaving less than ten men in the room, then if majority of the Minyan still remains [i.e. 6 people] then one may continue until the end of the Kaddish, Kerias Hatorah and Chazaras Hashatz.

Before start of Chazaras Hashatz:[20] If one began Shemoneh Esrei with a Minyan, and then lost the Minyan before Chazaras Hashatz, then one may not recite Chazaras Hashatz and Kaddish Tiskabel may not be recited afterwards [although one may recite half Kaddish afterwards].

In middle of Chazaras Hashatz:[21] Whenever one began Chazaras Hashatz with a Minyan and a person then left and broke the Minyan, thus leaving less than  ten men in the room, then if majority of the Minyan still remains [i.e. 6 people] then one may continue until the end of Chazaras Hashatz, and the half Kaddish said afterwards, as well as the full Kaddish recited after Uva Letziyon. However, in such a case the Kohanim do not perform Nesias Kapayim. Likewise, the Torah may not be read.

In middle of Maariv:[22] If there was a Minyan for the beginning of the prayer of Maariv and people left in middle, hence causing them to lose the Minyan, then so long as there are six people remaining which is the majority of a Minyan, the Chazan may recite the half Kaddish prior to Shemoneh Esrei. If there was a Minyan for the beginning of the prayer of Shemoneh Esrei and people left in middle, hence causing them to lose the Minyan, then so long as there are six people remaining which is the majority of a Minyan, the Chazan may recite the full Kaddish with Tishkabel after Shemoneh Esrei.

5. Accidentally began without a Minyan:[23]

If one accidentally began Kaddish without a Minyan then he must stop reciting the Kaddish. If he does not stop, then no one in the congregation should answer Amen to his recital. When the tenth man arrives, he should repeat the Kaddish from the beginning.

6. Davening with a Minyan from a different room:[24]

Once there is a Minyan in the room [as explained in Halacha 2], any other person can join the Minyan and answer Amen and Kaddish, Kedusha even if he is in a different room or building and cannot see the Minyan from which the voice of the Chazan can be heard. One may likewise be Yotzei a Mitzvah, such as Kiddush, Havdala, Megillah and the like from a different room.

If there is trash/feces or idolatry in-between:[25] Some Poskim rule that one may only answer for [Amen] Kaddish or Kedusha [or be Yotzei a blessing] from a different area than the Minyan if there are no feces, or idolatry which is considered like feces regarding this matter, found in-between the two areas. [Other Poskim however argue that feces and idolatry do not intervene.] Practically, [although the main ruling is like the lenient opinion] one is [nevertheless] to suspect for the stringent opinion. [However, one is at the very least to be quiet and listen and concentrate on that which the congregation is saying.[26]]

Zoom Minyanim: One cannot answer Amen through zoom as there are often delays between the actual live feed and one’s Amen which makes it an Amen Yesoma. Likewise, one cannot fulfill Kerias Hatorah through zoom as it is not the real voice of the Baal Korei.

7. Outdoor Minyanim-Who joins the Minyan to make up the required forum of ten?[27]

All those who are outside and within sight and hearing of each other join for the Minyan of ten. There is no requirement for them to be very close together and they thus join even if they are a number of meters/feet apart from each other, so long as they remain within each other’s sight and hear the Chazan.

People in homes: People who are within their homes could likewise join if they stay by their window, or balcony and are “Maareh Panim” [face and look] towards the Minyan, or Chazan. They may even join for the making of a Minyan of ten.

Balconies:[28] Ten people who are on ten balconies can only join if they can see each other or if the Chazan can see them all. Thus, if people are standing on porches of two adjacent buildings, the Chazan chosen should be a person who is in a position to see all of the ten participants.

Inside car: One can Daven from inside his car and join the Minyan if the Chazan/Minyan can see his face.

Opposite sides of street/sidewalk:[29] People who are on opposite sides of the street or even opposite sides of a sidewalk, do not join each other for the Minyan even if they can see each other. Accordingly, people standing on balconies of apartment buildings of opposite sides do not join to make up the total number of ten for a Minyan. Likewise, when making a Minyan on the street level, all participants are to be on the same side of the street and sidewalk.

Feces or idolatry in-between:[30] If, however, there are feces or idolatry in-between the two areas, then one is not to answer [Amen], or to Kaddish and Kedusha [or be Yotzei a Mitzvah].

Davening near a car/tree versus in the open:[31] Ideally, one is not to Daven in an exposed area, such as a field, unless one is traveling on the road. Accordingly, one should try to Daven opposite a tree, or parked car, or other immoveable item. This applies only for Shemoneh Esrei.

 

8. How to count people for a Minyan:[32]

It is forbidden to count Jews even for the sake of a Mitzvah. It is permitted to count an external item held by each person, such as a finger or shirt, and thus know the number of people in the group. Nonetheless, this form of counting should only be reserved for the sake of a Mitzvah. It is permitted to count without numerical values for any purpose. Practically, the custom is to count using a Pasuk in the Torah, customarily using the verse of Hoshia Es Amecha as it contains 10 words.

  Establishing Bar Mitzvah date for joining Minyan:[33]

9. If one was born on the 30th of Cheshvan/Kisleiv, when does he become Bar Mitzvah in a year that there is no 30th day in Cheshvan/Kisleiv?[34]

One who was born on the first day of Rosh Chodesh Kislev, which is the 30th of Cheshvan, and in the current year of his Bar Mitzvah there is no 30th day of Cheshvan, and hence Rosh Chodesh Kislev is only one day, he is not considered Bar Mitzvah until Rosh Chodesh Kislev, the 1st of Kislev. This same law applies likewise regarding one who was born on the 30th of Kislev, which was the first day of Rosh Chodesh, and in the current year of his Bar Mitzvah there is no 30th day of Kislev, he is not considered Bar Mitzvah until Rosh Chodesh Teves, the 1st of Teves.

1. If one was born on the 1st of Kisleiv, which was the only day of Rosh Chodesh, when does he become Bar Mitzvah in a year that there are two days of Rosh Chodesh Kislev?[35]

If one was born on the first day of Kislev, which was the only day of Rosh Chodesh, and in the current year of his Bar Mitzvah Rosh Chodesh Kislev is two days, he is considered Bar Mitzvah starting from the first day of Rosh Chodesh Kislev which is 30th of Cheshvan. However, some Poskim question this matter and perhaps he does not become Bar Mitzvah until the 1st of Kislev.

 

1. If one was born on the 1st of Teves, which was the only day of Rosh Chodesh, when does he celebrate his Bar Mitzvah in a year that there is two days of Rosh Chodesh Teves?

This follows the same law as above.

1. If one was born in Adar of a leap year, when does he become Bar Mitzva?[36]

If the current year contains one Adar: Then whether he was born on Adar I or Adar II he celebrates his Bar Mitzva that same date in the current Adar. Thus, if Reuven was born on the 29th of Adar I and Shimon on the 1st of Adar II then in the current year with a single Adar Reuven celebrates his Bar Mitzva on the 29th of Adar and Shimon on the 1st of Adar.

If the current year is also a leap year: Then one celebrates on the day of the Adar that he was born in. Thus, if Reuven was born on the 29th of Adar I and Shimon on the 1st of Adar II then in the current leap year Reuven celebrates his Bar Mitzva on the 29th of Adar I and Shimon on the 1st of Adar II.

1. If one was born in Adar of a non-leap year and now it is a leap year:[37]

One celebrates his Bar Mitzva on the date of his birth in Adar II. Thus if Reuven was born on the 12th of Adar of a non-leap year than in a leap year Reuven celebrates his birthday/Bar Mitzva on the 12th of Adar II.

 

1. One was born on the 30th of Adar I and in the current year there is only one Adar of 29 days:

Then one celebrates the Bar Mitzva on the 30th of Shvat and he is considered from that day on like a complete Gadol. Although regarding fulfilling for others a Biblical obligation, it is proper to be stringent until the 1st of Nissan.

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[1] See Admur 55-57; 69; Ketzos Hashulchan chapters 15; Shulchan Menachem 1:65 and 74; Ishei Yisrael 12; Tefila Kehilchasa 12

[2] Admur 55:2; Michaber 55:1; Rambam Tefila 8:4; Mishneh Megillah 23b; Ketzos Hashulchan 15:1

[3] Admur 55:2; Michaber 55:1; Rambam Tefila 8:4; Mishneh Megillah 23b; Ketzos Hashulchan 15:1

[4] See Admur 55:15-17; Ketzos Hashulchan 15:3

[5] Admur 56:4; 69:4

[6] See Admur 55:7; 69; Ketzos Hashulchan 15:2

[7] Pashut! See also Admur 69:4 “six, which is five and the Chazan”; Piskeiy Teshuvos 55 footnote 87

[8] See Admur 69:5; Chelkas Yaakov 2:138; Minchas Yitzchak 9:6-7; Igros Moshe 1:28; Betzeil Hachachma 4:135; Piskeiy Teshuvos 90 footnote 159 and 163

[9] See Admur 55:5; Ketzos Hashulchan 15:1

[10] See Admur 55:5; Shulchan Menachem 1:65

[11] Admur 55:6, 12; 53:13; Ketzos Hashulchan 15:5

[12] Admur 55:8; Ketzos Hashulchan 15:2 footnote 4

[13] Admur 56:4; 69:4

[14] Admur 55:11; Ketzos Hashulchan 15:2

[15] Admur 55:11; Ketzos Hashulchan 15:2

[16] Admur 55:11; Ketzos Hashulchan 15:2

[17] Admur 55:11

[18] See M”B 55:46 in name of P”M; Ketzos Hashulchan 15:2; Shulchan Menachem 1:64; Piskeiy Teshuvos 55 footnote 148

[19] Admur 55:3; Ketzos Hashulchan 15:1

[20] Ketzos Hashulchan 27 footnote 22

[21] Admur 55:4; Ketzos Hashulchan 22:12

[22] See Admur 55:4; Ketzos Hashulchan 27:5

[23] See Admur 55; Birchas Habayis 42:6; Noda Beyehuda Kama E.H. 56; Shevet Halevi 4:14; Piskeiy Teshuvos 55:1

[24] Admur 55:22; Michaber 55:20; Pesachim 85b; Ketzos Hashulchan 15:4

[25] See Admur 55:22

[26] Ketzos Hashulchan 15:4

[27] See Admur 55:16 [depends on sight]; M”B 55:48 [in building no need sight, implies out of building depends on sight]; Mishneh Sachir 1:12 [34 in new edition; depends on being in hearing distance]; Minchas Yitzchak 2:44 [depends on hearing distance and sight]; Birchas Shamayim 1:24; Rivivos Efraim 1:45; Piskeiy Teshuvos 55:22

[28] See Admur ibid and 55:17

[29] See Michaber 195:1; Taz 195:2; Admur 195:1; Kaf Hachaim 195:11; P”M 55 A”A 12; Mishneh Sachir 1:12; Minchas Yitzchak 2:44

[30] Admur 55:22

[31] See Admur 90:5; Piskeiy Teshuvos 90:5

[32] See Admur 156:15; M”A 156:2; Kitzur SHU”A 15:3; Ketzos Hashulchan 15:8; Piskeiy Teshuvos 156:24

[33] Ketzos Hashulchan 15:6-7

[34] Admur 55:13; M”A 55:10; Elya Raba 55:9; Yad Ahron; M”B 55:45; Ketzos Hashulchan 15:6; Derech Hachaim; Kneses Hagedola; Poskim in  Kaf Hachaim 55:60

[35] Ketzos Hashulchan 15:6

[36] Michaber 55:10; Ketzos Hashulchan 15:7

[37] Rama 55:10; Ketzos Hashulchan 15:7