Mishna Berura
Yeshivat Har Etzion

SHIUR #32: Siman 55, Part 2

Pages 170-177

by Rav Yosef Zvi Rimon

HOW MANY MUST RESPOND?

            As we have seen, the presence of ten is necessary for a minyan (though for "devarim she-bikedusha," it is sufficient if only one of them still has not fulfilled his obligation, and for chazarat ha-shatz, six).  Must all ten respond?

            The Hagahot Maimoniot (Hilkhot Tefilla 1:9) writes in the name of the Maharam that if one member of the minyan is still in the middle of Shemoneh Esrei, leaving only nine who can respond (actually, he must mean eight, for one is the chazan), he still is counted together with them, as it is written, "And I will be sanctified in the midst of Benei Yisrael" - wherever there are ten members of Benei Yisrael, sanctity rests.

            In contrast, the Rosh writes (Responsa, klal 4:19):

"The congregation should be silent and pay attention to the berakha of the chazan and respond with amen, and when there are not nine in the synagogue who are paying attention to the berakha of the shatz, then it appears likely to me that the berakha of the shatz is in vain, since the berakhot of the sheliach tzibbur were instituted to be said with ten, so that when there are not nine in the synagogue paying attention to the berakha of the shatz, it looks like a berakha in vain."

            Put simply, the Rosh rejects the leniency of the Maharam and maintains that all nine must answer.  The opinion of the Maharam is accepted by the Shulchan Arukh (55:6) as halakha, and the Mishna Berura (55:32) adds, citing the Elia Rabba and the Derekh Ha-chayim, that "the same holds true even for more than one, provided that a majority remains who are not in the middle of Shemoneh Esrei and who can respond with amen.  And there are those who are stringent when it is more than one...."

            Surprisingly, though, the Shulchan Arukh, who codifies the ruling of the Maharam in 55:6, likewise accepts the statement of the Rosh in 124:4!

            The Magen Avraham (55:8) writes as follows in the name of the Maharil (Responsa, 150): "Even though the Rosh writes that we require nine who are paying attention to the berakha of the shatz ... we are not accustomed to follow this, for we see that even one who is talking and not listening - is counted."  (To be sure, the Magen Avraham limits this scenario to only one.)

            However, the Taz writes in 55:4 (about similar matters, in the name of the Agur): "This is to be wondered at, for how can a proof be brought from ignoramuses who commit a transgression by interrupting [prayer] with vain conversation, and whose iniquity is very great?  And in truth I say God forbid to join with such sinners when there is not a quorum of others...  And furthermore, behold that the Shulchan Arukh has already determined (124:4) ... that if there are not nine who are paying attention to the words of the shatz during chazarat ha-shatz, it is likely to be a berakha in vain..."

            Neither the Magen Avraham nor the Taz resolve the internal contradiction.  While according to the Magen Avraham the lenient view expressed in siman 55 is the accepted one, the Taz agrees with siman 124 that nine are necessary.

            We can resolve the contradiction by pointing out that siman 55 deals with Kaddish, while siman 124 addresses chazarat ha-shatz.  One can, accordingly, distinguish between Kaddish and Kedusha on one hand and chazarat ha-shatz on the other.  For Kaddish and Kedusha it is in principle enough that six answer, but for chazarat ha-shatz nine are needed, because: (1) chazarat ha-shatz is tefillat HA-tzibbur, which requires full participation "since the berakhot of the sheliach tzibbur were instituted to be said with ten," in the words of the Rosh; and (2) due to the fear of a berakha in vain we require the whole minyan (though it is permitted with a majority who are obligated) - as written in Shulchan Arukh Ha-rav (55) and the Emek Berakha (Tefilla, 6).  Hence, chazarat ha-shatz needs nine to respond.

            An additional explanation may be offered.  There is indeed no distinction between Kaddish and chazarat ha-shatz; for both we do not need all nine to respond, but they must be present.  In siman 55, though, there is one person standing in prayer and therefore he cannot answer.  Such a man is dealing with spiritual matters and is directly involved with prayer, and is therefore to be considered "present."  In contrast, the man of siman 124 who is chatting and focusing on vain matters cannot be defined as present since he has removed himself from the framework of the tefilla, choosing instead to fulfill his own needs.  (One who is asleep is in an intermediate state, with the Shulchan Arukh ruling leniently and the Taz, stringently - as discussed below.)

            This distinction is cited in the Arukh Ha-shulchan (55:13) and in the Tzitz Eliezer (12:9), and it is quoted as well in the name of the Maharam ben Barukh (Responsa, 529), who is the source of the Shulchan Arukh's ruling in siman 55.  Thus writes the Maharam ben Barukh: "This individual, who is also involved in prayer and is accepting upon himself the yoke of the kingdom of heaven, is joined together with them, and [as a result] the Shekhina joins them."  In other words, the reason for the leniency is that he too is praying, unlike the talker who is not paying attention.

            According to this, one who is praying can be counted for a minyan during chazarat ha-shatz as well.  Apparently, even four should be; however, even the lenient opinions write that only one should be joined (Chayei Adam 29:1; Emek Berakha, Tefilla, 6).

            In practice, it is always preferable to have nine to respond.  For Kaddish and Kedusha it is possible to wait for only six; for chazarat ha-shatz it is possible when necessary to be lenient if one is still praying (if there are eight others and a shatz).  In a case of great need, one can rely upon the opinion that only six are necessary, but the shatz should stipulate to himself that if this is not in fact counted as a chazarat ha-shatz, then it should be considered a "tefillat nedava" - a voluntary additional prayer; see M.B. 124:19.  [This should be done as well by one who finds himself in a minyan where he fears that the majority is not responding.  In such a case, it is at times preferable for the shatz to pray aloud during the silent amida until the end of the third berakha, saying Kedusha but not continuing aloud afterwards; this is known as a "short chazarat ha-shatz."]

            Our discussion thus far has been purely halakhic, assessing the laws of tefilla and berakhot.  Yet, there is another aspect to this issue which must be considered.

            Writes the Shulchan Arukh (55:7) in accordance with the Hagahot Maimoniot:  "When one is praying alone, it is correct for the others to wait for him and not say Kaddish until he finishes, in order that he too have this merit."  Thus, even when there is a quorum who can respond, it is desirable to wait for everyone.

            However, the Rema (124:3) writes in accordance with the Responsa Binyamin Ze'ev: "If there are individuals in the congregation who draw out their tefilla, the shatz should not wait for them, even if they are important public figures."

            It appears that the difference is between one who prays slightly longer than the average, who should be waited for, and one whose prayer takes a significantly longer period of time ("draws out his prayer," in the words of the Rema), who should not be waited for.  This is written in the Shulchan Arukh Ha-rav 55:9.

ONE WHO IS ASLEEP:

            Writes the Beit Yosef (55, s.v. Katuv ba-hagahot):

"And from here [the ruling of the Maharam that one who is in the middle of Shemoneh Esrei is counted], my teacher the great rav R. Yaakov Berav, may his memory be blessed for life in the World to Come, learns that one who is asleep is counted together with nine for Kaddish and Kedusha, for since there are ten, which is a number considered qualified for Kedusha, then the Shekhina can rest upon them."

            The Beit Yosef goes on to say that he found this in the Agur as well (siman 267), and he concludes, "And my teacher of blessed memory is worthy of being relied upon."  He also rules this way in the Shulchan Arukh 55:6.

            However, the Taz (55:4) disagrees and rules that one who is asleep cannot be counted, since his soul leaves him and holiness cannot rest upon him; in fact the opposite is the case - impurity rests upon him.  The Peri Chadash agrees.  See M.B. 55:34 and the Biur Halakha (s.v. O She-hu Yashen), who rules that it is preferable le-khat'chila to awaken him, and be-di'avad, according to the Peri Megadim who relies upon the Shulchan Arukh, it is acceptable.  However, from the Biur Halakha it appears that for chazarat ha-shatz it is not a good idea to include the sleeping person because of the fear of a berakha in vain, though he can be counted - be-di'avad - for Kaddish and Kedusha.

(This shiur was translated by Pnina Baumgarten.)