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55 [1] The say Kaddish, and it is not said with less than ten males, who are free and have grown two [pubic] hairs, and this is the rule for Kedushah and Barchu that are not said with less than ten. [2] If the chazzan started kaddish or kedusha with 10 people and a few left he can finish the kaddish and kedusha that he started as long as the majority of them remain. Rem"a: Nevertheless, it is a sin to leave. And regarding that, the verse says: "...and those who forsake the Lord shall perish" (Isaiah 1:28) [Yerushalmi]. But if there are 10 people remaining it is allowed [Mordechi in the last chapter of Tractate Megillah]. [3] If [the chazzan] started with [the blessing of] Avot [in the Amidah] and a few people left, he can finish even Kedusha. Rem"a: If a few of them left after they began to pray "Yotzer Ohr", the prayer-leader should not begin to pray the audible [Amidah repetition] prayer because he already completed the prayer of Yotzer. And if they left after he began the audible [Amidah repetition] and Kedusha, they can complete the entire order of Kedusha and say the full Kaddish that comes after it because it belongs to the [Amidah] Prayer, in that behold it says "may their prayer be accepted..." [in the Kaddish]. But they may not read from the Torah (ie. when some left and you are now left with less than 10 men) because this is a different matter. And the evening [Amidah] Prayer and the Kaddish that comes after it - they do not belong to the recitation of the Sh'ma and its blessings. [Ran on the chapter "the one who reads the Megillah"; Shibolei Ha-Leket ... chapter 15] [4] There are those who permit saying a spoken part [of the service] in which [God's] holiness [is proclaimed] (ie. Kaddish, Kedusha, etc.) with 9 men joined by a child that is older than 6 and knows to whom we pray. And their "words were not seen" (ie. not accepted) by the great halachic decisors. And the same law applies: that a slave or a woman is not joined [to the 9]. Rem"a: And even if he has a Chumash [printed Torah] in his hand, we do not join him [to the 9]. However, there are those who are lenient [regarding this] in an extenuating circumstance. [The Rosh and Mordechai and Hagahot Maimoni Chapter 9 of the Laws of Prayer] [5] If he does not have 2 [pubic] hairs, even if he is old enough in years, his status is like a minor, until the majority of his years have gone by (ie. he becomes much older (35 and one day-M.B))... for then it is apparent that he is a saris (ie. a male with no signs of puberty). If there are signs that he is a saris before this, he is treated as an adult. Rem"a: However, we are not particular regarding hairs; rather, all who have arrived at the required number of years, we presume that he is like an adult and we say regarding this matter, that it is probable that he has brought out two hairs [Maharik Shoresh 49]. [6] If one of the 10 started to pray by himself and [was in a part of the prayers where he] could not answer with them or he was sleeping, even here (ie. in this scenario), he is included with them. [7] When there is one is praying [the Amidah] to himself, it is correct that the others wait on saying Kaddish until he finishes so that he will also gain merit from it. [8] A deaf person that can speak but not hear, or hear but not speak, they are like hearing/speaking people and can be included. But if he is deaf and mute, he is treated like a mentally incompetent person or a minor. [9] In reality, he is a minor until he develops two pubic hairs after he reaches the age of 13 and one day, and the leap year lasts 13 months. [10] If one youth was born on the 29 of the 1st Adar in a leap year and another youth was born in the 2nd Adar, on its first day, then if the 13th year is not a leap year the one who was born on the 29 of the 1st Adar needs to wait until the 29th of Adar in the 13th year, to be 13 years old. And the one the one who was born after him on the first of the 2nd Adar will be 13 years old since the first of Adar of the 13th year has arrived [already]. Rem"a: And someone who was born in Adar and is made a bar mitzvah in a leap year is not made a bar mitzvah until the second Adar. [Responsum of the Mahari Mintz #9] [11] A transgressor who transgressed the public decrees or transgressed a transgression: if they do not excommunicate him, then he is counted in the minyan of 10. [12] One who is excommunicated, we do not join him to anything that requires 10 [people], but he is permitted to pray in a synagogue in which he is present, unless they specified to be stringent with him regarding this. [13] All of the 10 need to be in one place and the prayer leader with them. And one who stands inside the doorway, [in the area of the doorway that is] from the door-stop and outward... meaning [the area] that when you close the door at the place of the inner [lip] of the thickness of the door and outwards - it is like [he is] outside. [14] One who stands behind the synagogue and in-between them is a window - even if it is several stories high [and] even if it's not 4 [tefachim] wide - and his face is seen by them from there, he joins with them for the 10. Rem"a: Roofs and upper stories (ie. attics) are not in the category of "a house" and the one who stands on them is not joined [to the 10]. [Ri ??] [15] If a few of them are inside and a few of them are outside, and the prayer-leader is in the middle of the doorway, he joins them [together for a minyan]. [16] [Regarding] a small courtyard that breaks out completely to a large one... meaning, that the small one is opened up in the place that is joined to the large one, and that entire wall that was dividing between them fell... and in the large courtyard there remained from the rest of the wall that fell, strips [meaning a bit of wall that is straight and uniform] on this side and that side. The large one is considered separate from the smaller, but the small one is not considered separate from the greater, rather it is like a corner of it (the greater one). Therefore, if there are nine [men] in the larger and one in the smaller, they join together because the smaller is "dragged" after the larger, and it is as if it is within the big one since the majority [of the men] are in the big one. But if there were nine [men] in the small and one in the large or five [men] in this one and five in that one, they do not join. [17] If the prayer-leader was in the small [space] and the congregation in the large space, he fulfills their obligation [through his prayer], in that he is "dragged" after them. But if the prayer-leader was in the large and the congregation in the small, he doesn't fulfill their obligation since the majority isn't dragged after the individual. [18] If some of the ten [men] are in the synagogue and some of them are in the courtyard, they do not join with each other. [19] A prayer-leader at the Ark (ie. the area where he leads the prayers) and 9 in the synagogue join with each other [to make a minyan], even though it (the Ark area) is 10 [tefachim/handbreadths] high and 4 [amot/cubits] wide and it has walls that are 10 [tefachim/handbreadths] high... because it is nullified with regard to the synagogue. And there is one who wrote that this is so when the walls [of the elevated Ark] do not reach the roof joists (ie. the ceiling). [20] If there were 10 in one place and they say Kaddish or Kedushah, even one who is not with them can answer. And there are some who say that it's required that there not be any interposition of excrement or something idolatrous [in between]. [21] A city that doesn't have more than 10 [Jewish men] in it, and one of them wants to leave on the High Holydays... they may compel him to remain or to pay another to take his place. And if there are 11 and two want to leave, the two of them jointly pay one in their place and the two of them split it equally. And if one is poor and one rich, they split [the total cost]: half according to [how much] money [each one is able to pay] and half [divided] according to [the number of] individuals. And the pay of the Cantor is on those who leave just as on those who remain. Rem"a: And there is no difference between one who wants to leave a long time before Yom Tov or not; [this applies] as long as will not return on Yom Tov [Maharil Siman 427]. [22] We do not compel [anyone] to pay to complete a minyan except for on the High Holydays and when they are only short one or two [men] - unless there is an established and known custom in the city to compel to pay even with a shortfall of 3 or 4 [men]. If there is a minyan among those who dwell in the the city, we compel [them] to pay a Cantor. Rem"a: And similarly in a place where there is not always a minyan in synagogue - they may compel each other with fines so that a minyan will always come to synagogue so that the regular service will not be eliminated. [Responsum of the Rivash Siman 518] and see later at the beginning of Siman 150 [regarding] if they may compel each other to build a synagogue.
Version: Sefaria Community Translation
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