Monday, March 31, 2008

11 For a Minyan??

Update: Chaptzem reports on a possible new takkanah in Lakewood requiring 11 for a minyan. I fell for it. I wasn't expecting April Fools jokes until tomorrow.

Heh.

At least I really hope so.

Older post:
Chaptzem reports that Lakewood may implement a takana requiring 11 people for a minyan. I hope this rumor is belated Purim Torah, or a joke in honor of April 1st, tomorrow, or just a nonsense rumor. There is an unfortunate recent trend of taking one or two high-profile anecdotal incidents and making major changes in halacha on their basis, in the direction of chumra. What comes to mind are the new kashrus takkanos on the basis of one or two incidents, never mind the idea of a chezkas kashrus, which is a chazaka which we are allowed to rely upon, not a guarantee of metzius. I am sure that this fellow is not the first person to claim to be Jewish when he is not. Even the gemara records the case of the gentile who pretended to be Jewish, who was trapped by Rabbi Yehuda ben Beseira into asking for the fat-tail, the choicest piece of meat. Yet after this incident, the Talmud does not institute a requirement for 11 people for a minyan.

Even if there is one such individual who does this, this does not mean it is a widespread phenomenon. We can surely still rely on a chazaka that a person is who he says he is. (I have heard of other cases where two gentile shnorrers were taught by other shnorrers to act Jewish, so as to collect money in shuls, and who participated in a minyan.)

Perhaps some additional reason not to worry: The rule is that 9 which looks like 10 is really halachically acceptable, IIRC. But we are not sure if this means scattered, or grouped together, so practically, we never act on it. Perhaps we can say that ten people, and one is not-really Jewish, but everyone thinks he is, is also a case of nine that looks like ten... But I can't even track down the gemara that says this at the moment.

Another problem: We (or rather, they in Lakewood) would no longer be able to use the pasuk "Hoshia es amecha..." to count a minyan. What nice pesukim have eleven words in them?

2 comments:

Anonymous said...

"Perhaps some additional reason not to worry: The rule is that 9 which looks like 10 is really halachically acceptable, IIRC.... But I can't even track down the gemara that says this at the moment."

it's near the end of shlosha sheachlu;
but i am far from convinced that it is normative halacha EVEN if we resolve the problem of close or loose grouping

joshwaxman said...

thanks. I'll check it out.

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