What is the source for Minyan? The idea of Minyan needing
10 people. Believe it or not its Mekor is in this week's Parsha. We read in the
Parsha as it says in 22:32
(וְלֹא תְחַלְּלוּ, אֶת-שֵׁם קָדְשִׁי, וְנִקְדַּשְׁתִּי, בְּתוֹךְ
בְּנֵי יִשְׂרָאֵל) we have the
Mitzvah of Kiddush Hashem. To be Mikadeish Hashem B'soch B'nei Yisroel. How
many people is B'soch B'nei Yisroel? It doesn't say. We know that there is an
idea of Kiddush Hashem B'farhesia, a public Kiddush Hashem. But how many people
make it into something public? The Gemara in Maseches Sanhedrin 74b
says (וכמה פרהסיא אמר ר' יעקב אמר רבי יוחנן אין פרהסיא פחותה מעשרה בני אדם
פשיטא ישראלים בעינן דכתיב ונקדשתי בתוך בני ישראל בעי רבי ירמיה תשעה ישראל ונכרי אחד מהו תא שמע דתני רב ינאי אחוה דרבי חייא בר אבא אתיא תוך
תוך כתיב הכא ונקדשתי בתוך
בני ישראל וכתיב התם הבדלו מתוך העדה הזאת מה להלן עשרה וכולהו ישראל אף כאן עשרה וכולהו ישראל) and learns
through a two-step Limud from Korach and then the Miraglim that just like the
Miraglim in the case of the sinners of the Miraglim were 10 so too the same
thing here you need 10 people to make a Minyan B'farhesya. So this is the idea
that we have Minyan being 10. That is in regard to being Mikadeish Sheim
Shamayim B'rabim. The Gemara in Maseches Berachos 21b
says (וכן אמר רב אדא בר אהבה מנין שאין היחיד אומר קדושה שנאמר ונקדשתי בתוך בני
ישראל כל דבר שבקדושה לא יהא פחות מעשרה מאי משמע דתני רבנאי אחוה דרבי חייא בר אבא אתיא תוך תוך
כתיב הכא ונקדשתי בתוך
בני ישראל וכתיב התם הבדלו מתוך העדה הזאת (עי' מסורת הש"ס) מה להלן עשרה אף כאן עשרה) and extends this to the idea of
Minyan in Davening. So that this is the source of Minyan Asara.
Rav Moshe has a number of Teshuvos regarding the
following Shaila and these Teshuvos have to do with the source of Minyan as we
have explained. Rav Moshe was asked whether someone who is a Michaleil Shabbos
(a Mumar) can count towards the 10 people of Minyan or do you have to have 10
people who are Shomrei Shabbos, who are religious people. Rav Moshe says let's
look at the Gemara. The Gemara says that we learn Minyan from the Miraglim and
the Gemara goes on to say that maybe the non-Jew should count towards Minyan
(in Sanhedrin 74b). Maybe a non-Jew should count towards Minyan. The Gemara
responds that it is not so as you need similar to the Miraglim from whom we are
learning. The same thing here and therefore, a non-Jew does not count towards
Minyan. Says Rav Moshe, so the Gemara is saying that non-Jews don't count
towards Minyan. The Miraglim were Reshaim and yet they are counted towards the
10. The Gemara says Dumya D'miraglim. Therefore, a Mumar, someone who is not a
Frum person still could count towards Minyan. This is Rav Moshe's Psak.
Although Rav Moshe stresses that when you are making a
Minyan in this manner you should not say Chazaras Hashatz. That is, it is
enough to be Maikil on this Kula to say Kaddish and Barchu. But to make an
extra 19 Berachos not. Therefore, say what we call a short Shemoneh Esrei when
counting a non Frum person towards a Minyan. This is Rav Moshe's Psak based on
this Limud.
It is interesting that in the second Igros Moshe Orach
Chaim, that Rav Moshe was challenged. He was challenged by a questioner who
brought to him the Psak of Rav Moshe Rosen who said that a non Frum person
doesn't count towards Minyan for Mussaf because you don't accept Korbanos from
people who are not Frum. The Minyan towards Korban Mussaf can't be counted if a
Frei person is part of the 10. Rav Moshe responds that on the contrary from Rav
Moshe Rosen's Psak regarding Mussaf we see that otherwise he would hold that a
non Frum person does count towards Minyan. It is only Mussaf that has a Din of
Korbanos that are not brought from a Mumar, there a Mumar doesn't count. But
otherwise he does count.
Rav Moshe has a third letter in Cheilek Gimmel. There
someone challenged Rav Moshe from the Shela Hakadosh who said that the Miraglim
were Tzaddikim. If they were Tzaddikin then we can't learn from there to count
towards Minyan even a Rasha. To that Rav Moshe essentially responds that that
is not Pashut Pshat. Pashut Pshat when you read the Chumash is that the
Miraglim were Reshaim. If they had done Teshuva HKB"H would not have
punished them because Teshuva works for an Onesh Bidai Shamayim. Thereofore,
Rav Moshe stands by his Shitta that a person who is not Frum can still count towards
Minyan. I should mention that there is a Teshuva in the Divrei Chaim who
disagrees with this Psak who holds that a non Frum person does not count
towards Minyan. Either way, my point is that this is a Limud from this week's
Parsha.
אין תגובות:
הוסף רשומת תגובה