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    Siman 55 Seif 10-13

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    Василий Ткачев
    The document discusses when someone who has been shunned or sinned can still be counted for a minyan. It describes a case where a chazzan was publicly shunned for cursing a rabbi, and argues that he should still be allowed to lead prayers since the Mishnah Berurah allows sinners to be counted for a minyan. The Beis Dovid rules that while the chazzan was wrong to curse the rabbi, he can still lead prayers as contemporary shunning has less severity than in the time of Chazal.

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    Siman 55 Seif 10-13

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    Василий Ткачев
    22 views1 page
    The document discusses when someone who has been shunned or sinned can still be counted for a minyan. It describes a case where a chazzan was publicly shunned for cursing a rabbi, and argues that he should still be allowed to lead prayers since the Mishnah Berurah allows sinners to be counted for a minyan. The Beis Dovid rules that while the chazzan was wrong to curse the rabbi, he can still lead prayers as contemporary shunning has less severity than in the time of Chazal.

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    The document discusses when someone who has been shunned or sinned can still be counted for a minyan. It describes a case where a chazzan was publicly shunned for cursing a rabbi, and argues that he should still be allowed to lead prayers since the Mishnah Berurah allows sinners to be counted for a minyan. The Beis Dovid rules that while the chazzan was wrong to curse the rabbi, he can still lead prayers as contemporary shunning has less severity than in the time of Chazal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    22 views1 page

    Siman 55 Seif 10-13

    Uploaded by

    Василий Ткачев
    The document discusses when someone who has been shunned or sinned can still be counted for a minyan. It describes a case where a chazzan was publicly shunned for cursing a rabbi, and argues that he should still be allowed to lead prayers since the Mishnah Berurah allows sinners to be counted for a minyan. The Beis Dovid rules that while the chazzan was wrong to curse the rabbi, he can still lead prayers as contemporary shunning has less severity than in the time of Chazal.

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    Tues, May 4, 2021  ‫ תשפ“א‬,‫כ“ב אייר‬ ‫י“ג‬-‘‫“ה סעיף י‬ ‫סימן‬

    Halacha Highlight Overview


    Siman 55 Seif 10:
    Including desecrators of Shabbos in a If one boy was born on the 29th of Adar Rishon and another boy was born
    minyan on the 1st of Adar Sheni and the year of their bar bar--mitzvah is not a leap
    year, the one who was born on the 29th of Adar Rishon must wait until the
    Shulchan Aruch Siman 55 Seif 11 29th of Adar for his bar
    bar--mitzvah whereas the boy who was born later on
    '‫עברין שעבר על גזרת הצבור וכו‬ the 1st of Adar Sheni will become a bar bar--mitzvah on the 1st of Adar.
    A sinner who violated a decree of the community etc. Someone born in Adar and his bar-mitzvah is in a leap year does not
    Shulchan Aruch (‫ )סע' י"א‬writes that someone who sinned may be counted become a bar-mitzvah until Adar Sheni.
    in the minyan as long as he was not banned as a consequence of his sin.  If their 13th year is also a leap year the one born in Adar Rishon will
    The basis of this ruling is the Gemara in Sanhedrin (44a) that declares become a bar-mitzvah in Adar Rishon and the one born in Adar
    that even if a person sins he remains a Jew and as such is counted for the Sheni will become a bar-mitzvah in Adar Sheni. (M.B. 43)
    Minyan (‫)ע' מ"ב ס"ק מ"ז‬. Poskim note that even someone who intentionally  In a leap year Adar Rishon is not considered Adar. (M.B. 45)
    violates a Biblical prohibition could be counted in a minyan since he has  Someone born the 1st day of Rosh Chodesh Kislev in a year in which
    not lost his status as a Jew (‫)הלכה ברורה אות ל"ג‬. Mishnah Berurah (‫)ס"ק מ"ו‬ Rosh Chodesh was two days and when he becomes a bar-mitzvah
    writes that someone who sins with the intent to anger Hashem, worships Rosh Chodesh is only one day he becomes a bar-mitzvah on Rosh
    idolatry or publicly desecrates Shabbos does not count in the minyan. Chodesh. (M.B. 45)
    Additionally, he rules that someone who does not believe in Torah  If someone was born on Rosh Chodesh Kislev when it was one day
    She’b’al Peh is not counted in a minyan (‫)ס"ק מ"ז‬. and the year of his bar-mitzvah Rosh Chodesh is two days he
    Poskim discuss the application of this halacha to those who are not reli- becomes a bar-mitzvah on the first day of Rosh Chodesh. (M.B. 45)
    gious. Sefer Chaye Moshe cites authorities who adopt a stringent position Siman 55 Seif 11:
    and maintain that those who are not Shabbos observant may not be A sinner who violated a communal decree or transgressed a prohibition is
    counted towards the minyan. Many others, however, adopt a more counted in the minyan as long as he has not been banned.
    lenient position and offer numerous reasons why the halacha recorded in  Someone who sins to anger Hashem or worships idolatry or publicly
    Mishnah Berurah does not apply to people nowadays who are not desecrates Shabbos is not counted in a minyan. (M.B. 46)
    Shabbos observant. Chazon Ish maintains that since most people who  Karaim are not counted in a minyan since they do not believe in
    are not Shabbos observant do not know the meaning of Shabbos they are Torah sheb’al peh. (M.B. 47)
    categorized as a tinok she’nishba – lit. a child taken into captivity- who is Siman 55 Seif 12:
    not liable for his ignorance of Torah since he was not exposed to Jews A banned person is not counted for anything that requires a minyan but
    and Judaism. Another reason this halacha may not apply is that he is permitted to daven in shul unless they specified a stringent ruling
    to be disqualified one must desecrate Shabbos in the physical presence of about this matter.
    ten Jews and knowledge that someone desecrates Shabbos is not suffi- Siman 55 Seif 13:
    cient (‫)ע' ספר חיי משה לסע' י"א שהאריךבזה‬. Rav Moshe Feinstein All ten people must be in a single location and the shaliach tzibbur must
    (‫ )שו"ת אג"מ או"ח ח"א סי' כ"ג‬writes that they may be counted in the minyan be together with them. If someone stands in the doorway but outside of
    in order to be able to recite kaddish, kedusha, ‫ ברכו‬and chazaras hashatz the threshold, meaning he would be outside when the door is closed, he
    but it is not considered tefila b’tzibbur. is considered to be outside.
     If they are in the same room they merge together even if they cannot
    see each other but if they are in separate rooms they do not merge

    Stories to Share together even though the door between the two rooms is open. If the
    two groups are in separate domains they do not merge if they cannot
    see each other and there is a stringent position that maintains that
    The Shunned Chazzan even if they could see each other they do not merge. (M.B. 48)
    "...‫ודה אין מצטרפין אותו לכל דבר שצריך עשרה‬‫ "מ‬:‫ י"ב‬,‫"ה‬ '‫ש"ע ס‬  If nine people are together and the tenth is behind a curtain that was
    A certain chazzan had an altercation with a business partner and went to erected for tznius they constitute a minyan. (M.B. 49)
    the local rabbi for adjudication. The rabbi ruled in favor of the partner.  If he would be outside when the door closes he is considered outside
    The chazzan got so upset that he began yelling at the rabbi. Although the even if the door is open. Magen Avrohom references opinions that
    rabbi bore this abuse for a short while since he understood that losing are lenient about this matter and he subscribes to that position. (M.B.
    money was disappointing for this man, at a certain point it became abso- 50)
    lutely unbearable. At this point the rabbi proclaimed that this man was to  The part inside the door is considered inside according to all
    be publicly shunned for shaming and cursing a Torah scholar. opinions. (M.B. 51)
    That night, when this man stepped up to daven maariv for the communi-
    ty in his synagogue, someone objected. “This man was just officially zan was correct, but for a different reason. “Although one could claim
    shunned; how can we allow him to represent us in tefillah? Surely this is that this his situation is more serious than shunning for monetary reasons
    forbidden!” it is clear from Kiddushin 32 that this is not the case. There we find that a
    The chazzan objected. “It is true that I acted inappropriately and must Rav may forgo his honor since the Torah he teaches is considered his
    eventually make amends to the rabbi, but I believe he erred in my case. Torah. Since the Torah scholar can forgo his honor anytime, this is com-
    Presumably this is no worse than shunning for monetary matters which parable to shunning over a monetary dispute and the chazzan may lead
    allows one to join a minyan. If I can join the minyan, why can’t I lead the prayers. This is especially clear since in Yoreh Dei’ah 348 we find
    it?” that contemporary shunning is comparable to the nezifah of chazal,
    When this question was brought to the Beis Dovid he ruled that the chaz- much less potent than their actual nidui.”
    ‫ ס' ל"ה‬,‫בית דוד‬

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