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The
Need for a Quorum of Ten for Megilla Reading Based
on a shiur by Harav Summarized
by Udi Schwartz Translated
by Rav
said: Megilla, at its time [= on the fourteenth of Adar], may be read
even by an individual; not at its time [= when its reading is advance to yom
ha-kenisa], [it must be read] with ten. Rav
Asi said: Both at its time and not at its time, [it may be read] with ten.
It
once happened that Rav took [the view] of Rav Asi into consideration.
(Megilla 5a)
The dispute between Rav and Rav Asi relates to the question whether a
quorum of ten, i.e., a minyan, is required for megilla reading.
The Rishonim (ad loc.) dealt with two main
questions: 1)
What is the final halakha? This question divides into two, the one
connected to the narrow issue, whether we rule like Rav or like Rav Asi, and the
other viewing the issue from a wider perspective and considering the law in both
lekhatchila and bedi'eved situations. 2)
What is the foundation of the disagreement between Rav and Rav
Asi? IN
ACCORDANCE WITH WHOM DO WE RULE?
The Ba'al Ha-ma'or (3a in Alfasi) cites the prevalent view among
the Provencal Rishonim (in the wake of the Halakhot Gedolot),
according to which the law is in accordance with Rav Asi, that in all cases the
megilla must be read in the presence of ten. This ruling is based on the
fact that even Rav himself took the view of Rav Asi into consideration and read
the megilla in the presence of ten even at its time. The WHY
IS A MINYAN NEEDED?
As stated above, beyond the question whose position we follow, there is
room to distinguish between a case of lekhatchila and a case of
bedi'eved. In other words, we can understand that the dispute between Rav
and Rav Asi relates to a bedi'eved situation, namely, that Rav Asi is
stringent about the requirement of a minyan even bedi'eved.
According to this understanding, lekhatchila all agree that the
megilla reading should be conducted in the presence of ten.
Alternatively, it may be suggested that the dispute between Rav and Rav Asi
relates to a lekhatchila situation, but bedi'eved even Rav Asi
concedes that the megilla may be read even in the absence of a minyan.
If we understand the disagreement in this fashion, then it is Rav who
maintains the extreme position, that when the megilla is read at its
proper time, there is no need for a quorum of ten, even
lekhatchila.
The different opinions regarding the final halakha are influenced, of
course, by the more fundamental issue, namely, the basis of the dispute between
Rav and Rav Asi. This is connected to the Mishna in Megilla 23b
and the Gemara thereon: When
there are less than ten, the blessings of the Shema are not read aloud,
[the prayer leader] does not pass before the Ark, [the priests] do not lift up
their hands [for the priestly blessing], the Torah is not read, the
haftara from the Prophets is not read, there is no ma'amad
and moshav [at a burial], there is no recitation of the mourner's
blessing, the mourner's consolation, or the groom's blessing, and there is no
zimmun; and [when redeeming] landed property [from hekdesh] nine
and a priest, and the same [when redeeming] a man. Gemara:
From whence do we derive these laws? Rabbi Chiyya bar Abba said in the name of
Rabbi Yochanan: As the verse states: "And I shall be sanctified in the midst of
the children of
The Mishna lists a series of scenarios, which we designate as "devarim
she-bi-kedusha."[1]
It is the sanctity in each of these cases that demands the presence of ten adult
male Jews, upon whom the Shekhina can rest.
It seems possible to say that the requirement of ten for the
megilla reading indicates that we are dealing here with a davar
she-bi-kedusha. The striking difficulty of this assertion is that the
aforementioned Mishna does not include megilla reading in its list of
devarim she-bi-kedusha. The Ramban noted this difficulty in his
Milchamot (3a in Alfasi), writing: The
things taught in our Mishna are all communal obligations, applying only to those
who are obligated in the matter. But megilla – just as the community is
obligated, so is each and every individual obligated, and an individual who has
not [yet] read requires ten in order to publicize the miracle. And whether they
already discharged their obligation, or they did not yet discharge their
obligation, [the megilla] is read in the presence of ten in order to
discharge the obligation of the individual, which is not the case in all the
other mitzvot.
The Ramban explains that the megilla is not an obligation upon the
community, but rather an obligation upon the individual. Megilla reading
requires a quorum of ten for the purpose of pirsumei nisa, in order to
publicize the miracle.
Thus, there are two possible approaches to understanding the requirement
of ten for megilla reading: 1)
davar she-bi-kedusha; 2)
pirsumei nisa. There
are several practical differences between these two explanations, which we shall
discuss below. WHO
ARE THE TEN?
The Ramban himself relates to the identity of those comprising the quorum
of ten, and writes that there is no need for "those who are obligated in the
matter." This expression has three possible meanings, and it is unclear to which
of the three the Ramban is referring: 1)
men who have already discharged their obligation; 2)
women; 3)
minors. According
to the plain sense of the Ramban's words, he refers to all three sets of people,
but the Rishonim and Acharonim discuss each set independently.[2] ONE
WHO PASSES BEHIND A SYNAGOGUE
A
second
practical difference between the two understandings relates to a law recorded in
the Mishna in Rosh ha-Shana 27b: And
similarly, one who was passing behind a synagogue or whose house was close to a
synagogue, and he heard the sounding of a shofar or the reading of the
megilla – if he directs his intention, he fulfills [his obligation], and
if not, not.
The Mishna's ruling regarding a shofar is understandable – a
person is required to direct his intention to hearing the sounding of the
shofar, and if he does so, he fulfills his obligation. Regarding
megilla reading, however, a problem arises according to the first
understanding proposed above. Several posekim have ruled that a person
who passes behind a synagogue does not join them with respect to devarim
she-bi-kedusha. If megilla reading is included among devarim
she-bi-kedusha, then intention to fulfill the mitzva should not
suffice here. The Ritva notes this point, and therefore explains that in light
of this Mishna we are forced to say that a quorum of ten is required for
megilla reading not because it is a davar she-bi-kedusha, but
rather to publicize the miracle: We
learned in Rosh Ha-shana (27b): "One who was passing behind a synagogue
and heard the sounding of a shofar or the reading of the megilla –
if he directs his intention, he fulfills [his obligation]." And the Gemara
says about this (ibid. 28b): "Is it not that he directed his intention to
fulfill [the mitzva]." And this is despite the fact that he is standing
outside the synagogue, so that he does not join the congregation, for joining
only applies to those standing in the same domain, as is stated in chapter
Kol Gagot (Eruvin 92b). Surely we maintain here that a quorum of
ten is not required bedi'eved, and that Mishna is a case of bedi'eved.
And even according to the view of Rabbenu Alfasi, z"l, that according
to Rav Ashi, ten are required even bedi'eved, even so, it can be argued
that regarding megilla, since there is no difference in the reading or in
the blessings between an individual and the community, and we do not require
real joining because of davar she-bi-kedusha, but rather we want ten in
order to publicize the miracle – even though he is standing outside the
synagogue, and in such a case it is generally not regarded as joining, here it
suffices, since he heard it from ten who do publicize the miracle. Thus it seems
to me.
Those who disagree with the Ritva are forced to say that one who passes
behind a synagogue can join the quorum inside the synagogue even for devarim
she-bi-kedusha, and not just to publicize the miracle. DOES
MEGILLA
A third practical difference between the two understandings brings us
back to the dispute between Rav and Rav Asi. If we understand megilla
reading as a davar she-bi-kedusha, which requires ten, it is
difficult to understand why bedi'eved the megilla can be read even
without ten, for we do not find such a distinction in the parallel laws (e.g.,
the Torah cannot be read nor can Kedusha be recited without ten – even
bedi'eved).
According
to the Ramban, however, who believes that ten is required in order to publicize
the miracle, there is room to distinguish between lekhatchila and
bedi'eved. It is possible to say that even in the framework of
pirsumei nisa, a quorum of ten is a critical requirement, and in the
absence of a minyan, there is no reason to read the megilla. In
other halakhic realms, however, we do find a tendency toward leniency with
respect to pirsumei nisa. Thus, for example, in times of danger, Chanuka
candles may be lit on the table inside the house, even though this involves less
pirsumei nisa. So too, then, regarding megilla reading, there is
room to be lenient bedi'eved, and to permit it even in the absence of a
quorum, and publicize the miracle only when time and place make that possible.
Moreover, there is room to say that ideal pirsumei nisa is in the
presence of ten, but even with less than ten there is a certain element of
pirsumei nisa, and that element allows for the megilla to be
read.
This argument, that even a reading of less than ten involves a certain
element of pirsumei nisa, follows from what Rashi says in our
passage: At
its time – on the fourteenth, since it is obligatory on each and every
individual, it may be read even by an individual, for everybody is reading it,
and there is pirsumei nisa.
Rashi explains that, according to Rav, the fact that every individual is
reading the megilla leads to pirsumei nisa. This assertion is
based on two assumptions: 1)
megilla reading requires pirsumei
nisa; 2)
pirsumei nisa is achieved even by individuals reading the
megilla. Rav
Asi can, of course, disagree with either one of these two assumptions. He might
argue that there can be pirsumei nisa even with less than ten people, but
megilla reading is a davar she-bi-kedusha, and therefore it
requires ten in all cases. Alternatively, he might argue that megilla
reading does in fact require pirsumei nisa, and it is not a davar
she-bi-kedusha, but pirsumei nisa is achieved only through communal
reading and not through the reading of individuals. THE
POSITION OF RAV
Earlier, we raised two possibilities as to the case about which Rav and
Rav Asi disagree. 1)
Rav adopts the extreme position, according to which there is no need for
ten even lekhatchila, and Rav Asi maintains an intermediate position,
requiring ten lekhatchila, but not
bedi'eved. 2)
It is Rav Asi who takes the extreme course, requiring ten in all cases,
even bedi'eved, whereas Rav insists on ten only lekhatchila, but
not bedi'eved. These
two possibilities may be based on different understandings of the requirement of
ten. The Gemara implies that Rav Asi sees the need for ten as a fundamental
requirement. Therefore, even if bedi'eved he allows for megilla
reading without ten, we must try to find a way for there to be pirsumei
nisa – even if only partial – in such a reading. According to Rav, on the
other hand, the requirement of ten does not appear to be essential whether in
the framework of pirsumei nisa or in the framework of devarim
she-bi-kedusha. Why then does Rav require ten lekhatchila? The answer
to this question may perhaps be connected to a more general law: "Be-rov am
hadrat melekh" - "In the multitude of people is the king's glory"
(Mishlei 14:28). The Ritva on our passage mentions this idea, saying as
follows: This
is the plain sense of the text that Rav and Rav Asi disagree about the
lekhatchila situation. Even though we have learned that priests in their
service, Levites in their singing, and Israelites in their post must all
interrupt their service and come to hear megilla reading, that is, to
participate in the community reading – even so there is no difficulty for Rav,
for Rav agrees that the best way to fulfill the mitzva is to read it
in the presence of the community, in a multitude of people, to the extent
possible, because of pirsumei nisa and because of "be-rov am hadrat
melekh." However, he says that at its time a person is not required to
exert himself and collect ten people from the marketplace, whereas Rav Asi
maintains that he is required to search for ten people, even at its
time.
The Ritva deals in one breath with the requirement to read the megilla
in the presence of ten in order to publicize the miracle, and with the
requirement of "be-rov am hadrat melekh." Naturally, the general
requirement of "be-rov am" should be less extreme than the requirement of
ten in the framework of the laws of megilla, and in that framework it is
clear why Rav is lenient bedi'eved. Indeed this is the ruling of the
Mishna Berura (690:25), who writes: Lekhatchila
[one may read the megilla] as an individual – for on account of
"be-rov am" we do not make him exert himself to gather ten. As for
putting aside all the mitzvot in order to read the megilla in a
community framework, that is in order to fulfill the mitzva in the best
possible manner.
The Mishna Berura is aware of the possibility according to which
the requirement of ten is merely on account of "be-rov am," and he
understands that in such a framework there is room for
leniency. MEGILLA
READING AT ITS TIME AND NOT AT ITS TIME
We saw earlier that Rav and Rav Asi agree that megilla reading not
at its time requires a quorum of ten, and that their disagreement is limited to
the case of megilla reading at its time. Why did the Amoraim distinguish
between megilla reading at its time and not at its
time?
It seems that there is room to distinguish between reading at its time
and reading not at its time, according to both of the explanations presented
earlier. If megilla reading "at its time" is meant to publicize the
miracle, this is also the role of the ten people – to allow for pirsumei
nisa. This can lead us to the conclusion that regarding megilla
reading at its time, women can read for themselves, minors can read for
themselves, and the like. Megilla reading not at its time, on the other
hand, is not directly related to pirsumei nisa, but rather it constitutes
an independent enactment instituted by the Sages for those who are unable to
read the megilla at the proper time. It may be argued that this
independent enactment turns the megilla reading into a devar
she-bi-kedusha, and this requires a quorum of ten adult
men.
This last distinction could have practical ramifications in the following
instances: 1)
one who knows that he will not have access to a kosher
megilla on the fourteenth of Adar, and therefore advances his reading to
an earlier date; 2)
"Purim Meshulash" in walled cities, when the megilla
is read on the fourteenth of Adar instead of the fifteenth (since the
fifteenth falls on Shabbat). Regarding
the first case, it is very clear that such a reading is governed by the laws of
megilla reading not at its time. If we understand that such a reading is
regarded as a davar she-bi-kedusha, it would require a quorum of ten,
like any other davar she-bi-kedusha. The
second case is more complicated, for we find a disagreement among the
Rishonim about the nature of this reading – is the megilla reading
in the walled cities on the fourteenth of Adar a reading at its time or not at
its time? Some Rishonim understand that reading the megilla on the
fourteenth in the walled cities is part of the basic enactment of megilla
reading, and thus we are dealing with reading at its time. Others, however,
understand that this reading on the fourteenth is reading not at its time. If we
accept the second approach – the dominant one among the posekim – then
the megilla reading on the fourteenth in walled cities in a case of
"Purim Meshulash" will be governed by all the stringencies discussed
above.[3] [1] This is a general definition that does not necessarily apply to all the
cases in the Mishna. The assessment of land, the mourner's blessing, and perhaps
perisa al Shema as well, are not devarim she-bi-kedusha.
[2] See Shulchan Arukh and Rema 690:18. The Rema implies that it is
possible to distinguish between the various factors. On the one hand, the Rema
is in doubt about women, which seems to indicate that he thought that it is
possible to regard megilla reading as a davar she-bi-kedusha. On
the other hand, the Rema writes that a person may read for himself if in his
city there is a megilla reading in the presence of ten which fulfills the
requirement of pirsumei nisa. This implies that megilla reading is
not a davar she-bi-kedusha. |