Podcasts about halacha

A person who has lost an immediate family member, Heaven forbid, has the status of "Onen" from the time of the death until the burial, a status which exempts him from Misva obligation, including the requirement to pray. As such, an Onen cannot be counted toward a Minyan. If nine men wish to make a Minyan, and the only person they can find to complete the Minyan is an Onen, he cannot be counted. Importantly, however, this applies only until the point that the Hebra Kadisha has taken responsibility for the burial arrangements. Once the Hebra Kadisha assumes responsibility, the deceased family members may be counted toward a Minyan. Moreover, on Shabbat, when burial arrangements cannot be made, the family members do not have the status of Onen, and so they may be counted toward a Minyan. Years ago, people would be put into formal excommunication – "Nidui" – for certain transgressions. The Poskim write that the status of a Menudeh (person in excommunication) vis-à-vis Minyan depends on the circumstances of his Nidui. If he was excommunicated for a grave transgression that he had committed, then he cannot be counted toward a Minyan. If, however, he was placed into Nidui for improperly handling a financial dispute, then he may be counted. Likewise, if he treated a Torah sage disrespectfully, and the sage placed him in Nidui, then he may nevertheless be counted toward a Minyan. Even in situations where a Menudeh may not be counted toward a Minyan, the congregation may pray in his presence; they do not need to send him out of the synagogue. The status of Nidui requires people to keep a distance from the individual (approximately two meters), but they may pray even though he is in the room. However, if the Bet Din that declared the excommunication included in their declaration a provision barring the individual's participation in a Minyan, then the congregation may not pray in his presence. The Bet Yosef cites the Ribash (Rav Yishak Bar Sheshet, Algiers, 1326-1408) as addressing the case of a congregation that refused to pray because a Menudeh was present. The Ribash ruled that the congregants acted with unnecessary zealotry, as there is no prohibition against praying in the presence of a Menudeh unless this provision was included in the Nidui decree. The Peri Megadim (Rav Yosef Teomim, 1727-1892), cited by the Mishna Berura, raises the possibility that even a Menudeh who may not be counted toward a Minyan for prayer may nevertheless be counted toward a Minyan for Megilla reading on Purim. The reading of the Megilla does not, strictly speaking, require a Minyan, but it is nevertheless a Misva to conduct the reading in a Minyan for the purpose of "Pirsumeh Nisa" – publicizing the miracle. Since the objective is Pirsum – publicity, it is likely that a person's status of Menudeh is irrelevant. When it comes to Tefila, the concept of a Minyan is that ten people assemble to form a group for prayer, and so a person who has been excommunicated cannot join together with other people for this purpose. For Megilla reading, however, it is necessary only for ten people to be present, not for them to join together and form a single unit. Therefore, it would stand to reason that even a Menudeh can be counted for this purpose.

Months in the Jewish calendar consist of either 29 or 30 days. When a month continues for 30 days, two days of Rosh Hodesh are observed – on the 30 th day of the month, and on the first day of the next month. Most months are consistent, having the same number of days each year. There are, however, a small number of months that fluctuate, as they sometimes have 29 days and sometimes 30. One such month is Heshvan. If a boy was born on the 30 th of Heshvan in a year when it had 30 days, and Heshvan in the year of his Bar-Misva has only 29 days, then he becomes a Bar-Misva on the first day of Kislev. One might have thought that we define this boy's birthday as the day prior to the first of Kislev, such that he becomes a Bar-Misva on the 29 th of Heshvan. But this is not the case. We instead view him as having been born on Rosh Hodesh Kislev, and so he becomes Bar-Misva on the only day of Rosh Hodesh Kislev in the year of his Bar-Misva – namely, the first of Kislev. The Poskim dispute the Halacha in the reverse case, when a boy was born on Rosh Hodesh Kislev in a year when Heshvan had only 29 days, and there are two days of Rosh Hodesh Kislev in the year of his Bar-Misva. The Misha Berura and the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Israel, 1870-1939) approvingly cite the view of the Bayit Hadash (Rav Yoel Sirkis, Poland, 1561-1640) that the boy in this case becomes a Bar-Misva on 30 Heshvan, the first day of Rosh Hodesh. According to this opinion, we view the boy as having been born on the day after the 29 th of Heshvan, and thus in a year when Heshvan extends for 30 days, his birthday is the 30 th of Heshvan. Rav Meir Mazuz (1945-2025), however, disagreed. In his view, since the boy was born on the first of Kislev, this date is his birthday, and so he becomes Bar-Misva on this date irrespective of how many days the previous month had. Even if there are two days of Rosh Hodesh in the year of his Bar-Misva, he does not become a Bar-Misva until the date of his birth – the first of Kislev. Hacham David Yosef, in Halacha Berura, ruled that the boy in this case should observe the stringencies of both opinions – meaning, he should ensure to observe all the Misvot already on the 30 th of Heshvan, but should not be counted toward a Minyan until the first of Kislev. Summary: If a boy was born on the 30 th of Heshvan in a year when Heshvan had 30 days, and Heshvan in the year of his Bar-Misva has only 29 days, he becomes a Bar-Misva on the first of Kislev. If he was born on Rosh Hodesh Kislev in a year when Heshvan had only 29 days, and there was thus only one day of Rosh Hodesh, but Heshvan in the year of his Bar-Misva has 30 days, it is unclear when he becomes a Bar-Misva. Therefore, he should ensure to observe all the Misvot already on the 30 th of Heshvan, but should not be counted toward a Minyan until the first of Kislev.

Months in the Jewish calendar consist of either 29 or 30 days. When a month continues for 30 days, two days of Rosh Hodesh are observed – on the 30 th day of the month, and on the first day of the next month. Most months are consistent, having the same number of days each year. There are, however, a small number of months that fluctuate, as they sometimes have 29 days and sometimes 30. One such month is Heshvan. If a boy was born on the 30 th of Heshvan in a year when it had 30 days, and Heshvan in the year of his Bar-Misva has only 29 days, then he becomes a Bar-Misva on the first day of Kislev. One might have thought that we define this boy's birthday as the day prior to the first of Kislev, such that he becomes a Bar-Misva on the 29 th of Heshvan. But this is not the case. We instead view him as having been born on Rosh Hodesh Kislev, and so he becomes Bar-Misva on the only day of Rosh Hodesh Kislev in the year of his Bar-Misva – namely, the first of Kislev. The Poskim dispute the Halacha in the reverse case, when a boy was born on Rosh Hodesh Kislev in a year when Heshvan had only 29 days, and there are two days of Rosh Hodesh Kislev in the year of his Bar-Misva. The Misha Berura and the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Israel, 1870-1939) approvingly cite the view of the Bayit Hadash (Rav Yoel Sirkis, Poland, 1561-1640) that the boy in this case becomes a Bar-Misva on 30 Heshvan, the first day of Rosh Hodesh. According to this opinion, we view the boy as having been born on the day after the 29 th of Heshvan, and thus in a year when Heshvan extends for 30 days, his birthday is the 30 th of Heshvan. Rav Meir Mazuz (1945-2025), however, disagreed. In his view, since the boy was born on the first of Kislev, this date is his birthday, and so he becomes Bar-Misva on this date irrespective of how many days the previous month had. Even if there are two days of Rosh Hodesh in the year of his Bar-Misva, he does not become a Bar-Misva until the date of his birth – the first of Kislev. Hacham David Yosef, in Halacha Berura, ruled that the boy in this case should observe the stringencies of both opinions – meaning, he should ensure to observe all the Misvot already on the 30 th of Heshvan, but should not be counted toward a Minyan until the first of Kislev. Summary: If a boy was born on the 30 th of Heshvan in a year when Heshvan had 30 days, and Heshvan in the year of his Bar-Misva has only 29 days, he becomes a Bar-Misva on the first of Kislev. If he was born on Rosh Hodesh Kislev in a year when Heshvan had only 29 days, and there was thus only one day of Rosh Hodesh, but Heshvan in the year of his Bar-Misva has 30 days, it is unclear when he becomes a Bar-Misva. Therefore, he should ensure to observe all the Misvot already on the 30 th of Heshvan, but should not be counted toward a Minyan until the first of Kislev.

Sustenance From the Source

A fascinating question arises in the case of a boy whose family travels across the International Date Line to celebrate his Bar-Misva. If, for example, the boy was born and raised in the U.S., and the family travels to Australia via the Pacific Ocean, they cross the Date Line during the trip, thus jumping one day ahead. The question becomes whether the boy becomes Bar-Misva on his birthday in Australia, or if he must wait another day, until it is his birthday back in the United States where he was born. Some Poskim maintain that in such a case, he indeed does not become a Bar-Misva until the next day. Since he moved ahead one day during his flight, the date in his current location does not determine his halachic status as a Bar-Misva. If, however, the family traveled to Australia eastward, such that they did not cross the International Date Line, then he becomes Bar-Misva once the date of his birthday arrives in Australia. In this case, he follows the date of his current location, even though his birthday has yet to arrive back home which is in a later time zone. This ruling would apply in the reverse case, as well, if an Australian boy travels to the U.S. for his Bar-Misva. If the family travels eastward, arriving in the U.S. via the Pacific Ocean, and thus having crossed the International Date Line and moving back one day, the boy becomes a Bar-Misva a day before the date of his birthday in the U.S., since this is the day of his Bar-Misva in Australia. If, however, the family traveled westward, reaching the U.S. via the Atlantic Ocean, then since he did not cross the Date Line, he does not become a Bar-Misva until the date of his birthday in the U.S. Rav Yosef Shalom Elyashiv (Jerusalem, 1910-2012) disagreed. He maintained that the boy becomes a Bar-Misva on the date of his birthday in his current location, and crossing the International Date Line has no effect on the timing of his becoming a halachic adult. This is the accepted Halacha. Another intriguing case, is that of a boy who crosses the Date Line on the day of his Bar-Misva, moving him back one day. In such a case, after becoming a Bar-Misva, the boy enters a region where his thirteenth birthday had not yet arrived. A number of Poskim, including Rav Haim Kanievsky, ruled that once a child becomes a Bar-Misva, there is no possibility of him losing this status and reverting to being a minor, and thus crossing the Date Line would not affect the boy's status in this case.

In this Everyday Judaism episode on practical Jewish law (Kitzur Shulchan Aruch, Siman 40), Rabbi Aryeh Wolbe explains the rabbinic obligation of netilat yadayim (ritual hand-washing) before eating bread—a meal's centerpiece. Rooted in Temple-era purity laws (tumah and taharah) to prepare for terumah consumption, this decree persists today to maintain readiness for the future Temple, promote physical hygiene (highlighted during COVID-19), and foster spiritual holiness by countering arrogance.Key rules include using a complete, spoutless vessel (kli) with a flat top; pouring a generous revi'it (about 3–4 oz) of clean water twice per hand (right first), covering up to the wrist in one flow; reciting "al netilat yadayim" after washing while raising hands; and thoroughly drying (not on clothes, to avoid forgetfulness). Alternatives for no vessel: immersing in a river/mikvah/spring, or (in need) snow or faucet with human force.Rabbi Wolbe shares inspiring stories (Chafetz Chaim's sensitivity and humility) and emphasizes washing's deeper purpose: humbling ourselves before bread's 11-step process, recognizing accomplishments as Hashem's gifts rather than our own. The episode transitions to Ask Away #27, urging maximal spiritual use of Zos Chanukah (eighth day) through gazing at menorah lights, prayer, and abundant thanks to Hashem.The episode concludes with a transition to the Ask Away #27._____________The Everyday Judaism Podcast is dedicated to learning, understanding and appreciating the greatness of Jewish heritage and the Torah through the simplified, concise study of Halacha, Jewish Law, thereby enhancing our understanding of how Hashem wants us to live our daily lives in a Jewish way._____________This Podcast Series is Generously Underwritten by Marshall & Doreen LernerDownload & Print the Everyday Judaism Halacha Notes:https://drive.google.com/drive/folders/1RL-PideM42B_LFn6pbrk8MMU5-zqlLG5This episode (Ep. #81) of the Everyday Judaism Podcast by Rabbi Aryeh Wolbe of TORCH is dedicated to my dearest friends, Marshall & Doreen Lerner! May Hashem bless you and always lovingly accept your prayer for good health, success and true happiness!!!Recorded in the TORCH Centre - Levin Family Studio (B) to a live audience on December 21, 2025, in Houston, Texas.Released as Podcast on January 5, 2025_____________DONATE to TORCH: Please consider supporting the podcasts by making a donation to help fund our Jewish outreach and educational efforts at https://www.torchweb.org/support.php. Thank you!_____________SUBSCRIBE and LISTEN to other podcasts by Rabbi Aryeh Wolbe: NEW!! Prayer Podcast: https://prayerpodcast.transistor.fm/episodesJewish Inspiration Podcast: https://inspiration.transistor.fm/episodesParsha Review Podcast: https://parsha.transistor.fm/episodesLiving Jewishly Podcast: https://jewishly.transistor.fm/episodesThinking Talmudist Podcast: https://talmud.transistor.fm/episodesUnboxing Judaism Podcast: https://unboxing.transistor.fm/episodesRabbi Aryeh Wolbe Podcast Collection: https://collection.transistor.fm/episodesFor a full listing of podcasts available by TORCH at https://www.TORCHpodcasts.com_____________EMAIL your questions, comments, and feedback: awolbe@torchweb.org_____________Please visit www.torchweb.org to see a full listing of our outreach and educational resources available in the Greater Houston area!_____________#Halacha, #Jewishlaw, #blessings, #Kitzur, #NetilatYadayim, #HandWashing, #Halacha, #SpiritualHumility, #EverydayJudaism ★ Support this podcast ★

In this Everyday Judaism episode on practical Jewish law (Kitzur Shulchan Aruch, Siman 40), Rabbi Aryeh Wolbe explains the rabbinic obligation of netilat yadayim (ritual hand-washing) before eating bread—a meal's centerpiece. Rooted in Temple-era purity laws (tumah and taharah) to prepare for terumah consumption, this decree persists today to maintain readiness for the future Temple, promote physical hygiene (highlighted during COVID-19), and foster spiritual holiness by countering arrogance.Key rules include using a complete, spoutless vessel (kli) with a flat top; pouring a generous revi'it (about 3–4 oz) of clean water twice per hand (right first), covering up to the wrist in one flow; reciting "al netilat yadayim" after washing while raising hands; and thoroughly drying (not on clothes, to avoid forgetfulness). Alternatives for no vessel: immersing in a river/mikvah/spring, or (in need) snow or faucet with human force.Rabbi Wolbe shares inspiring stories (Chafetz Chaim's sensitivity and humility) and emphasizes washing's deeper purpose: humbling ourselves before bread's 11-step process, recognizing accomplishments as Hashem's gifts rather than our own. The episode transitions to Ask Away #27, urging maximal spiritual use of Zos Chanukah (eighth day) through gazing at menorah lights, prayer, and abundant thanks to Hashem.The episode concludes with a transition to the Ask Away #27._____________The Everyday Judaism Podcast is dedicated to learning, understanding and appreciating the greatness of Jewish heritage and the Torah through the simplified, concise study of Halacha, Jewish Law, thereby enhancing our understanding of how Hashem wants us to live our daily lives in a Jewish way._____________This Podcast Series is Generously Underwritten by Marshall & Doreen LernerDownload & Print the Everyday Judaism Halacha Notes:https://drive.google.com/drive/folders/1RL-PideM42B_LFn6pbrk8MMU5-zqlLG5This episode (Ep. #81) of the Everyday Judaism Podcast by Rabbi Aryeh Wolbe of TORCH is dedicated to my dearest friends, Marshall & Doreen Lerner! May Hashem bless you and always lovingly accept your prayer for good health, success and true happiness!!!Recorded in the TORCH Centre - Levin Family Studio (B) to a live audience on December 21, 2025, in Houston, Texas.Released as Podcast on January 5, 2025_____________DONATE to TORCH: Please consider supporting the podcasts by making a donation to help fund our Jewish outreach and educational efforts at https://www.torchweb.org/support.php. Thank you!_____________SUBSCRIBE and LISTEN to other podcasts by Rabbi Aryeh Wolbe: NEW!! Prayer Podcast: https://prayerpodcast.transistor.fm/episodesJewish Inspiration Podcast: https://inspiration.transistor.fm/episodesParsha Review Podcast: https://parsha.transistor.fm/episodesLiving Jewishly Podcast: https://jewishly.transistor.fm/episodesThinking Talmudist Podcast: https://talmud.transistor.fm/episodesUnboxing Judaism Podcast: https://unboxing.transistor.fm/episodesRabbi Aryeh Wolbe Podcast Collection: https://collection.transistor.fm/episodesFor a full listing of podcasts available by TORCH at https://www.TORCHpodcasts.com_____________EMAIL your questions, comments, and feedback: awolbe@torchweb.org_____________Please visit www.torchweb.org to see a full listing of our outreach and educational resources available in the Greater Houston area!_____________#Halacha, #Jewishlaw, #blessings, #Kitzur, #NetilatYadayim, #HandWashing, #Halacha, #SpiritualHumility, #EverydayJudaism ★ Support this podcast ★

An interesting question arises in the case of a boy who was born during a leap year, on the 30 th day of Adar Rishon (the first Adar), and the year of his Bar-Misva is a regular, twelve-month year, when there is only one month of Adar. Since there is no 30 th day of Adar in a regular year, it is unclear which day is considered his birthday when he becomes a Bar-Misva. According to some Poskim, he becomes a Bar-Misva on the 30 th of Shevat. Since the boy was born on the day preceding the first of Adar Sheni – the second Adar, which is considered the real month of Adar during a leap year – he turns thirteen on the day preceding the first of Adar – namely, the 30 th of Shevat. This is the view of the Binyan Sion (Rav Yaakob Ettlinger, Germany, 1798-1871), the Minhat Yishak (Rav Yishak Weiss, 1902-1989), and Hacham David Yosef, in Halacha Berura. However, Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) maintained that it cannot be determined conclusively whether this child becomes a Bar-Misva on 30 Shevat or on the first of Nissan – the equivalent of 30 Adar, since Adar has only 29 days. Therefore, the boy must take into account both possibilities, meaning, he must strictly observe all Misvot already from 30 Shevat, but he cannot be counted toward a Minyan until the first of Nissan. A somewhat similar question arises in the case of a boy born on 30 Shevat in a regular year, and his Bar-Misva year is a leap year. The Binyan Sion ruled that since he was born on the day before the first of Adar, he becomes a Bar-Misva on 30 Adar Rishon – the day before the first of the real month of Adar, Adar Sheni. Others, however, maintain that since he was born during the month of Shevat, his Bar-Misva date is not affected at all by the extra Adar added in the year of his Bar-Misva, and thus he becomes Bar-Misva on 30 Shevat. Here, too, Rav Shlomo Zalman ruled that the boy must follow the stringencies of both opinions. He must strictly observe all the Misvot already from 30 Shevat, but he may not be counted toward a Minyan until 30 Adar Rishon.

An interesting question arises in the case of a boy who was born during a leap year, on the 30 th day of Adar Rishon (the first Adar), and the year of his Bar-Misva is a regular, twelve-month year, when there is only one month of Adar. Since there is no 30 th day of Adar in a regular year, it is unclear which day is considered his birthday when he becomes a Bar-Misva. According to some Poskim, he becomes a Bar-Misva on the 30 th of Shevat. Since the boy was born on the day preceding the first of Adar Sheni – the second Adar, which is considered the real month of Adar during a leap year – he turns thirteen on the day preceding the first of Adar – namely, the 30 th of Shevat. This is the view of the Binyan Sion (Rav Yaakob Ettlinger, Germany, 1798-1871), the Minhat Yishak (Rav Yishak Weiss, 1902-1989), and Hacham David Yosef, in Halacha Berura. However, Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) maintained that it cannot be determined conclusively whether this child becomes a Bar-Misva on 30 Shevat or on the first of Nissan – the equivalent of 30 Adar, since Adar has only 29 days. Therefore, the boy must take into account both possibilities, meaning, he must strictly observe all Misvot already from 30 Shevat, but he cannot be counted toward a Minyan until the first of Nissan. A somewhat similar question arises in the case of a boy born on 30 Shevat in a regular year, and his Bar-Misva year is a leap year. The Binyan Sion ruled that since he was born on the day before the first of Adar, he becomes a Bar-Misva on 30 Adar Rishon – the day before the first of the real month of Adar, Adar Sheni. Others, however, maintain that since he was born during the month of Shevat, his Bar-Misva date is not affected at all by the extra Adar added in the year of his Bar-Misva, and thus he becomes Bar-Misva on 30 Shevat. Here, too, Rav Shlomo Zalman ruled that the boy must follow the stringencies of both opinions. He must strictly observe all the Misvot already from 30 Shevat, but he may not be counted toward a Minyan until 30 Adar Rishon.

In certain years, an extra month of Adar is added to the Jewish calendar. The reason for this occasional extension of the year is to synchronize the Jewish calendar with the solar calendar. The solar calendar, which is used by the Christian world, is based upon the earth's revolution around the sun, which occurs over the course of 365 days. The Jewish calendar, by contrast, is arranged on the basis of the moon's revolution around the earth, which occurs approximately every 28-29 days. The Jewish year is determined by twelve revolutions of the moon, which spans 354 days. Hence, the Jewish calendar is eleven days shorter than the solar calendar. If we would follow only the lunar system, all our holidays would fall each year eleven days earlier than the previous year, and they could thus fall during any season. (In fact, the Moslems' calendar follows exclusively the lunar system, and so their holidays can fall at any time during the year.) The Torah requires that Pesach always be observed during the spring season, and it is therefore necessary to adjust the lunar calendar so it is synchronized with the solar calendar, assuring that each Jewish holiday falls in its appropriate season. We do this by adding a month every several years. The month that is added is a second month of Adar. (Interestingly enough, the zodiacal sign of the month of Adar is Pisces, which has two distinct images, corresponding to the two months of Adar. The sign of every other month has only one image.) During a leap year, when an extra Adar is added, the second Adar is considered the actual month of Adar, and the first Adar is regarded as the additional month. Therefore, we celebrate Purim during the second Adar, and we likewise observe Shabbat Shekalim and Shabbat Zachor during that month. If a child was born in Adar Sheni (the second Adar) during a leap year, and the year of his Bar-Misva is also a leap year, then, quite obviously, he becomes a Bar-Misva on his birthday in Adar Sheni. And a boy born during Adar Rishon (the first Adar) during a leap year becomes Bar-Misva in Adar Rishon if that year is a leap year. If a child was born in Adar Rishon during a leap year, and the year of his Bar-Misva is a regular year, then he becomes Bar-Misva on his birthday during the month of Adar. One might have thought that we should consider Adar Rishon the equivalent of Shevat – the month before Adar – such that his Bar-Misva should occur in Shevat. This is not the case, as Halacha considers this boy to have been born during Adar, and so be becomes a Bar-Misva in Adar. Conversely, if a boy was born in Nissan during a regular year, and the year of his Bar-Misva is a leap year, he becomes a Bar-Misva during Nissan. We do not consider his birthday to be in Adar Sheni – the month after the first Adar – but rather in Nissan. These Halachot result in an intriguing anomaly – that a boy can become Bar-Misva before a boy who is older than him. If a boy was born toward the end of Adar Rishon in a leap year, and another boy was born several days later, toward the beginning of Adar Sheni, then if the year of their Bar-Misva is a regular year, the younger boy will celebrate his Bar-Misva first. Since he was born in the beginning of Adar Sheni, he will become Bar-Misva on that date in Adar, whereas the older boy – who was born at the end of Adar Rishon – will not become Bar-Misva until that date arrives toward the end of Adar.

halacha

Learn a halacha of Rambam in-depth from a variety of noted Torah scholars, who delve deeper into words of the Rambam to understand them in the context of the other sources and commentaries.

Learn a halacha of Rambam in-depth from a variety of noted Torah scholars, who delve deeper into words of the Rambam to understand them in the context of the other sources and commentaries.

If a boy in the synagogue claims that he has reached the age of Bar-Misva, the others should not rely on this claim to count him toward a Minyan, or to allow him to serve as Hazzan. He can be counted only if his father testifies that he reached the age of thirteen, or if somebody testifies that this boy's father said this about the boy. The boy's testimony about his age should not be accepted. Even if he is wearing Tefillin, this does not prove that he is already a Bar-Misva, for many communities have the custom that boys begin wearing Tefillin at some point before becoming Bar-Misva. If, however, this boy is needed for the Minyan, and without him the Minyan will be lost, then his claim may be trusted with respect to his inclusion in a Minyan. Even in such a case, however, he should not be allowed to serve as Hazzan. This is the ruling of Hacham Ovadia Yosef, though others disagreed. Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) contended that the child may be trusted because he is unlikely to lie, given the possibility of verifying his claim. A person can be assumed to tell the truth about something which is easily verifiable, as he fears being viewed as a dishonest person. Hence, in Rav Shlomo Zalman's view, the boy can be assumed to be telling the truth. In any event, we follow Hacham Ovadia's position, and thus a boy cannot be assumed to be a Bar-Misva based solely on his claim, unless there is no Minyan without him.

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The period of Ben Ha'shemashot, which extends for a short while (approximately 10-13 minutes) after sunset, is regarded by Halacha as a time of "Safek" – uncertainty, as it is questionable whether this period is to be considered daytime or nighttime. This uncertainty affects many different areas of Halacha, including the date of a youngster's Bar-Misva, the day when he becomes obligated in Misvot. If a child was born during Ben Ha'shemashot, it is uncertain whether he is considered to have been born during the day, or born during the night. As the Halachic day begins in the nighttime, his birthday is uncertain. Thirteen years later, then, we are unsure which day is the day when he becomes a Bar-Misva and is obligated in Misva observance. Due to this uncertainty, he must begin strictly observing the Misvot on the first of these two days. Less obvious, however, is whether he may serve as a Hazzan in the synagogue on the first day. We would intuitively assume that since he might not be a Bar-Misva until the second day, he should not serve as Hazzan on the first day. However, Hacham David Yosef, in Oserot Yosef, asserts that the boy may serve as Hazzan for Arbit on the night of the first of these two days. He notes that there is a view in the Gemara that conclusively regards Ben Ha'shemashot as daytime, and, additionally, Rabbenu Tam (France, 1100-1171) maintained that halachic sunset occurs 72 minutes after the moment that we consider sunset. According to both these opinions, this boy becomes a Bar-Misva on the first day, thus giving us room for leniency at least during Arbit, when there is no repetition of the Amida, and thus the Hazzan is not fulfilling any sort of obligation on behalf of the congregation. Hacham David goes even further and posits that there is a basis for leniency even during Shaharit and Minha on the first day. In conclusion, then, if a boy was born during Ben Ha'shemashot, and thus the precise date of his birthday is uncertain, he becomes obligated in Misvot on the first day, and may serve as Hazzan for Arbit on the night of the first day. If he wishes to serve as Hazzan also at Shaharit and Minha on the first day, there is a basis for allowing him to do so.

In this engaging Ask Away episode, Rabbi Aryeh Wolbe fields practical and profound questions from participants:Swearing on a non-Jewish Bible in court: In the U.S., one can "affirm" (not swear) under penalty of perjury, avoiding oaths prohibited by Torah; bringing a Chumash is ideal but not required.Cohen status: Transmitted only patrilineally; a Cohen father's daughter does not pass Cohen status to her son.Yom Kippur and Rosh Chodesh coinciding: Impossible, as Yom Kippur is fixed on 10 Tishrei while Rosh Hashanah (1 Tishrei) is always Rosh Chodesh (but overrides it as a greater celebration).Asking Hashem for specific signs: Perfectly permissible and powerful—Hashem responds to sincere, simple requests.Eating in a kosher-keeping but non-Shabbat-observant home: Delicate; Shabbat observance generally indicates reliability in other areas, but during growth transitions, caution is advised to avoid offense.Visualizing during prayer: Avoid images (risking idolatry roots); focus on standing alone under the heavens before Hashem's throne, or the personal intensity of addressing the King of Kings directly.The episode blends halachic precision with inspirational stories, emphasizing prayer as intimate conversation with Hashem, sensitivity in relationships, and viewing challenges as opportunities for growth.Please submit your questions at askaway@torchweb.org_____________The Everyday Judaism Podcast is dedicated to learning, understanding and appreciating the greatness of Jewish heritage and the Torah through the simplified, concise study of Halacha, Jewish Law, thereby enhancing our understanding of how Hashem wants us to live our daily lives in a Jewish way._____________This Podcast Series is Generously Underwritten by Marshall & Doreen LernerDownload & Print the Everyday Judaism Halacha Notes:https://drive.google.com/drive/folders/1RL-PideM42B_LFn6pbrk8MMU5-zqlLG5This episode (Ep. #80) of the Everyday Judaism Podcast by Rabbi Aryeh Wolbe of TORCH is dedicated to my dearest friends, Marshall & Doreen Lerner! May Hashem bless you and always lovingly accept your prayer for good health, success and true happiness!!!Recorded in the TORCH Centre - Levin Family Studio (B) to a live audience on December 7, 2025, in Houston, Texas.Released as Podcast on December 22, 2025_____________Connect with Us:Subscribe to the Everyday Judaism PodcastApple Podcasts: https://podcasts.apple.com/us/podcast/everyday-judaism-rabbi-aryeh-wolbe/id1600622789Spotify: https://open.spotify.com/show/3AXCNcyKSVsaOLsLQsCN1CShare your questions at askaway@torchweb.org or visit torchweb.org for more Torah content.  _____________About the Host:Rabbi Aryeh Wolbe, Director of TORCH in Houston, brings decades of Torah scholarship to guide listeners in applying Jewish wisdom to daily life.  To directly send your questions, comments, and feedback: awolbe@torchweb.org_____________Support Our Mission:Help us share Jewish wisdom globally by sponsoring an episode at torchweb.org. Your support makes a difference!_____________Subscribe and Listen to other podcasts by Rabbi Aryeh Wolbe: NEW!! Prayer Podcast: https://prayerpodcast.transistor.fm/episodesJewish Inspiration Podcast: https://inspiration.transistor.fm/episodesParsha Review Podcast: https://parsha.transistor.fm/episodesLiving Jewishly Podcast: https://jewishly.transistor.fm/episodesThinking Talmudist Podcast: https://talmud.transistor.fm/episodesUnboxing Judaism Podcast: https://unboxing.transistor.fm/episodesRabbi Aryeh Wolbe Podcast Collection: https://collection.transistor.fm/episodesFor a full listing of podcasts available by TORCH at http://podcast.torchweb.org_____________Keywords:#AskAway, #Torah, #Halacha, #Q&A, #Jewish, #Halacha, #Oath, #Kohen, #Prayer, #AskingForSigns #KosherKitchen #Shabbos, #JewishLaw ★ Support this podcast ★

In this engaging Ask Away episode, Rabbi Aryeh Wolbe fields practical and profound questions from participants:Swearing on a non-Jewish Bible in court: In the U.S., one can "affirm" (not swear) under penalty of perjury, avoiding oaths prohibited by Torah; bringing a Chumash is ideal but not required.Cohen status: Transmitted only patrilineally; a Cohen father's daughter does not pass Cohen status to her son.Yom Kippur and Rosh Chodesh coinciding: Impossible, as Yom Kippur is fixed on 10 Tishrei while Rosh Hashanah (1 Tishrei) is always Rosh Chodesh (but overrides it as a greater celebration).Asking Hashem for specific signs: Perfectly permissible and powerful—Hashem responds to sincere, simple requests.Eating in a kosher-keeping but non-Shabbat-observant home: Delicate; Shabbat observance generally indicates reliability in other areas, but during growth transitions, caution is advised to avoid offense.Visualizing during prayer: Avoid images (risking idolatry roots); focus on standing alone under the heavens before Hashem's throne, or the personal intensity of addressing the King of Kings directly.The episode blends halachic precision with inspirational stories, emphasizing prayer as intimate conversation with Hashem, sensitivity in relationships, and viewing challenges as opportunities for growth.Please submit your questions at askaway@torchweb.org_____________The Everyday Judaism Podcast is dedicated to learning, understanding and appreciating the greatness of Jewish heritage and the Torah through the simplified, concise study of Halacha, Jewish Law, thereby enhancing our understanding of how Hashem wants us to live our daily lives in a Jewish way._____________This Podcast Series is Generously Underwritten by Marshall & Doreen LernerDownload & Print the Everyday Judaism Halacha Notes:https://drive.google.com/drive/folders/1RL-PideM42B_LFn6pbrk8MMU5-zqlLG5This episode (Ep. #80) of the Everyday Judaism Podcast by Rabbi Aryeh Wolbe of TORCH is dedicated to my dearest friends, Marshall & Doreen Lerner! May Hashem bless you and always lovingly accept your prayer for good health, success and true happiness!!!Recorded in the TORCH Centre - Levin Family Studio (B) to a live audience on December 7, 2025, in Houston, Texas.Released as Podcast on December 22, 2025_____________Connect with Us:Subscribe to the Everyday Judaism PodcastApple Podcasts: https://podcasts.apple.com/us/podcast/everyday-judaism-rabbi-aryeh-wolbe/id1600622789Spotify: https://open.spotify.com/show/3AXCNcyKSVsaOLsLQsCN1CShare your questions at askaway@torchweb.org or visit torchweb.org for more Torah content.  _____________About the Host:Rabbi Aryeh Wolbe, Director of TORCH in Houston, brings decades of Torah scholarship to guide listeners in applying Jewish wisdom to daily life.  To directly send your questions, comments, and feedback: awolbe@torchweb.org_____________Support Our Mission:Help us share Jewish wisdom globally by sponsoring an episode at torchweb.org. Your support makes a difference!_____________Subscribe and Listen to other podcasts by Rabbi Aryeh Wolbe: NEW!! Prayer Podcast: https://prayerpodcast.transistor.fm/episodesJewish Inspiration Podcast: https://inspiration.transistor.fm/episodesParsha Review Podcast: https://parsha.transistor.fm/episodesLiving Jewishly Podcast: https://jewishly.transistor.fm/episodesThinking Talmudist Podcast: https://talmud.transistor.fm/episodesUnboxing Judaism Podcast: https://unboxing.transistor.fm/episodesRabbi Aryeh Wolbe Podcast Collection: https://collection.transistor.fm/episodesFor a full listing of podcasts available by TORCH at http://podcast.torchweb.org_____________Keywords:#AskAway, #Torah, #Halacha, #Q&A, #Jewish, #Halacha, #Oath, #Kohen, #Prayer, #AskingForSigns #KosherKitchen #Shabbos, #JewishLaw ★ Support this podcast ★

The Mishna in Pirkeh Abot (5:25) teaches, "Ben Shelosh Esreh Le'misvot" – a youngster becomes obligated in Misvot upon reaching the age of thirteen. At this point, he may be counted toward a Minyan and may serve as Hazzan. The source for this rule is "Halacha Le'Moshe Mi'Sinai" – an oral tradition taught to Moshe at Mount Sinai. The Gemara in Masechet Sukka (5b) teaches that all Shiurim – halachic measurements – were taught as a "Halacha Le'Moshe Mi'Sinai," and this includes the "measurement" of adulthood, when a boy becomes obligated in Misvot. Rashi, however, in his commentary to Abot, finds a Biblical source for this rule. The Torah uses the word "Ish" ("man") in reference to Shimon and Levi when they waged war on the city of Shechem ("Ish Harbo" – Bereshit 34:25), and, as Rashi shows, Levi – the younger of these two brothers – was thirteen years old at this time. This establishes that a boy attains the status of "Ish" – a man – at the age of thirteen. The Maharil (Rav Yaakov Moelin, Germany, d. 1427) refutes this proof, noting that the use of the word "Ish" in this context does not necessarily mean that this word would not be used if Levi was younger. Therefore, the Maharil concludes that there is no textual basis for this rule, and it was transmitted through oral tradition. Some suggested an allusion to this Halacha in a verse in the Book of Yeshayahu (43:21) in which Hashem pronounces, "Am Zu Yasarti Li, Tehilati Yesaperu" – "I have created this nation for Me, that they tell My praise." The word "Zu" in Gematria equals 13 (7+6), thus hinting to the fact that it is at this age when Hashem wants us to praise Him and perform Misvot. There is a debate among the early authorities as to when precisely a boy is considered a Bar-Misva. The She'iltot (Rav Ahai Gaon, d. 752) writes that a boy becomes a Bar-Misva the moment he fully completes his thirteenth year – meaning, at the time of day when he was born thirteen years earlier. Thus, for example, according to this opinion, a boy who was born at 2pm cannot be counted for a Minyan or serve as Hazan on his thirteenth birthday until 2pm, the point at which he has completed thirteen full years. The consensus among the Poskim, however, is that a boy becomes Bar-Misva once the date of his thirteenth birthday arrives, in the evening. This is, indeed, the Halacha. Therefore, regardless of the time of day of a child's birth, he may serve as Hazan already at Arbit on the night of his thirteenth birthday. The Yalkut Yosef writes that the thirteen years are counted from the child's birth even if he was born prematurely and needed to spend a significant amount of time in an incubator. In addition to the requirement of completing thirteen years, a boy must also have reached a certain point of physical maturity to be considered a Halachic adult. Specifically, he must have grown two pubic hairs. The Rama (Rav Moshe Isserles, Cracow, 1530-1572), based on a ruling of Rav Yosef Kolon (1426-1490), writes that a child who has turned thirteen may be allowed to serve as Hazzan on the assumption that he has reached the point of physical maturity. This assumption may be relied upon with respect to matters instituted by the Sages (as opposed to Torah obligations), and thus, since praying with a Minyan is a Misva ordained by Sages, a child who reached Bar Misva age may lead the service. The Ribash (Rav Yishak Bar Sheshet, Algiers, 1326-1408) went even further, allowing relying on this assumption even with respect to Torah obligations. According to his view, a full-fledged adult may fulfill his Torah obligation of Kiddush on Friday night by listening to Kiddush recited by a boy who has just turned thirteen, on the assumption that he has reached physical maturity. Hacham Ovadia Yosef ruled that those who wish to rely on this position may be allowed to do so. However, Hacham Ovadia's son, Hacham David Yosef, writes in Halacha Berura that one must not assume a boy's physical maturity with respect to Torah obligations such as the Friday night Kiddush, and this assumption may be made only with respect to Rabbinic obligations. All opinions agree that a thirteen-year-old boy may read the Megilla in the synagogue on Purim, since the obligation of Megilla reading was instituted by the Rabbis. If it is known that a young man has not yet reached this stage of physical development, then he is not considered a Bar-Misva even though his thirteenth birthday has passed. In fact, even if he is older than thirteen, he is not considered a Bar-Misva if it has been determined that he does not have the physical properties required to establish halachic adulthood. If, Heaven forbid, a man does not physically develop until the age of 35, at that point he is considered a "Saris" – an adult man who will never experience physical maturity, and he may thus be counted toward a Minyan. Until then, however, he cannot be considered an adult and may thus not be counted toward a Minyan.

The Mishna in Pirkeh Abot (5:25) teaches, "Ben Shelosh Esreh Le'misvot" – a youngster becomes obligated in Misvot upon reaching the age of thirteen. At this point, he may be counted toward a Minyan and may serve as Hazzan. The source for this rule is "Halacha Le'Moshe Mi'Sinai" – an oral tradition taught to Moshe at Mount Sinai. The Gemara in Masechet Sukka (5b) teaches that all Shiurim – halachic measurements – were taught as a "Halacha Le'Moshe Mi'Sinai," and this includes the "measurement" of adulthood, when a boy becomes obligated in Misvot. Rashi, however, in his commentary to Abot, finds a Biblical source for this rule. The Torah uses the word "Ish" ("man") in reference to Shimon and Levi when they waged war on the city of Shechem ("Ish Harbo" – Bereshit 34:25), and, as Rashi shows, Levi – the younger of these two brothers – was thirteen years old at this time. This establishes that a boy attains the status of "Ish" – a man – at the age of thirteen. The Maharil (Rav Yaakov Moelin, Germany, d. 1427) refutes this proof, noting that the use of the word "Ish" in this context does not necessarily mean that this word would not be used if Levi was younger. Therefore, the Maharil concludes that there is no textual basis for this rule, and it was transmitted through oral tradition. Some suggested an allusion to this Halacha in a verse in the Book of Yeshayahu (43:21) in which Hashem pronounces, "Am Zu Yasarti Li, Tehilati Yesaperu" – "I have created this nation for Me, that they tell My praise." The word "Zu" in Gematria equals 13 (7+6), thus hinting to the fact that it is at this age when Hashem wants us to praise Him and perform Misvot. There is a debate among the early authorities as to when precisely a boy is considered a Bar-Misva. The She'iltot (Rav Ahai Gaon, d. 752) writes that a boy becomes a Bar-Misva the moment he fully completes his thirteenth year – meaning, at the time of day when he was born thirteen years earlier. Thus, for example, according to this opinion, a boy who was born at 2pm cannot be counted for a Minyan or serve as Hazan on his thirteenth birthday until 2pm, the point at which he has completed thirteen full years. The consensus among the Poskim, however, is that a boy becomes Bar-Misva once the date of his thirteenth birthday arrives, in the evening. This is, indeed, the Halacha. Therefore, regardless of the time of day of a child's birth, he may serve as Hazan already at Arbit on the night of his thirteenth birthday. The Yalkut Yosef writes that the thirteen years are counted from the child's birth even if he was born prematurely and needed to spend a significant amount of time in an incubator. In addition to the requirement of completing thirteen years, a boy must also have reached a certain point of physical maturity to be considered a Halachic adult. Specifically, he must have grown two pubic hairs. The Rama (Rav Moshe Isserles, Cracow, 1530-1572), based on a ruling of Rav Yosef Kolon (1426-1490), writes that a child who has turned thirteen may be allowed to serve as Hazzan on the assumption that he has reached the point of physical maturity. This assumption may be relied upon with respect to matters instituted by the Sages (as opposed to Torah obligations), and thus, since praying with a Minyan is a Misva ordained by Sages, a child who reached Bar Misva age may lead the service. The Ribash (Rav Yishak Bar Sheshet, Algiers, 1326-1408) went even further, allowing relying on this assumption even with respect to Torah obligations. According to his view, a full-fledged adult may fulfill his Torah obligation of Kiddush on Friday night by listening to Kiddush recited by a boy who has just turned thirteen, on the assumption that he has reached physical maturity. Hacham Ovadia Yosef ruled that those who wish to rely on this position may be allowed to do so. However, Hacham Ovadia's son, Hacham David Yosef, writes in Halacha Berura that one must not assume a boy's physical maturity with respect to Torah obligations such as the Friday night Kiddush, and this assumption may be made only with respect to Rabbinic obligations. All opinions agree that a thirteen-year-old boy may read the Megilla in the synagogue on Purim, since the obligation of Megilla reading was instituted by the Rabbis.

Finding True Quiet

Finding True Quiet

Halacha, especially laws of Tum'ah and Taharah, define very subtle dimensions of relationship between ourselves and the world around us.Source Sheet

The Gemara (Berachot 48a) brings the view of Rabbi Yehoshua Ben Levi that an Ebed – a non-Jewish servant, who is obligated in some Misvot – may be counted as the tenth men for a Minyan. The Mordechi (Rav Mordechai Ben Hillel, Germany, 13 th century) cites Rabbenu Simha as concluding on the basis of Rabbi Yehoshua Ben Levi's ruling that a woman may be counted toward a Minyan. Since non-Jewish servants are obligated in the same Misvot that women are, it follows that if a servant can be counted, then a woman may be counted, as well. The Bet Yosef observes that this also seems to have been the position of Rabbenu Tam (France, 1100-1171). However, Rabbenu Tam did not act upon this position, and this practice never became accepted. At first glance, we might have assumed that this position would affect the status of an Androginus (hermaphrodite, somebody with both male and female biological features) with respect to a Minyan. In general, the Halachic status of such a person is a Safek – one of uncertainty, and it is unknown whether to treat this individual as a male or female. Seemingly, when an Androginus is needed for a Minyan, we should apply the rule of "Sefek Sefeka," which allows acting leniently when two uncertainties are at stake. There is one question whether this person should be treated as a man or a woman, and even if an Androginus is regarded as a woman, perhaps Halacha follows the view of Rabbenu Tam that a woman may be counted as a Minyan. However, Hacham Ovadia Yosef ruled that Rabbenu Tam's position does not even come under consideration, and therefore we cannot apply the rule of "Sefek Sefeka" in this case. Hence, an Androginus is not counted toward a Minyan. Rabbi Yehoshua Ben Levi is cited also as allowing counting a minor – a boy under the age of Bar-Misva – toward a Minyan. The Gemara (Berachot 47b) brings Rabbi Yehoshua Ben Levi's ruling that an infant cannot be counted as the third person for a Zimun, but he can be counted as the tenth person for a Minyan. Tosafot cite Rabbenu Tam as accepting this position, and ruling that a child – even an infant – can count as the tenth person for a Minyan. (This is the basis for the Bet Yosef's aforementioned theory that Rabbenu Tam likely allowed counting a woman for a Minyan, as well, as he accepted Rabbi Yehoshua Ben Levi's ruling.) Later Rishonim explain Rabbenu Tam's surprising ruling based on the verse from which the Sages derived the concept of a Minyan: "Ve'nikdashti Be'toch Beneh Yisrael" – "I shall be sanctified in the midst of the Children of Israel" (Vayikra 22:32). Even infants are considered part of Beneh Yisrael, and thus they qualify to create the conditions in which these special portions of the Tefila may be recited. The Sefer Ha'manhig (Rabbi Abraham Ben Natan, d. 1215) brings Rabbenu Tam's ruling without making any further comments, strongly implying that he accepted this lenient position. By contrast, numerous Rishonim write that Rabbenu Tam never apply this ruling as a practical matter, and never actually permitted counting minors toward a Minyan. (This is why the Bet Yosef, as cited earlier, writes that Rabbenu Tam did not allow counting a woman toward a Minyan.) Nevertheless, there were those who maintained that when necessary, a congregation may rely on Rabbenu Tam's opinion and count a child toward a Minyan. The Orhot Haim tells that Rabbenu Shimshon decreed excommunication upon a village that, in defiance of his strict ruling, counted minors toward a Minyan, but the Orhot Haim adds that this may be done when absolutely necessary, if the town is very small and otherwise will not have a Minyan. In fact, the Orhot Haim writes, the Ra'abad wrote that this was the custom in many communities. By contrast, the Rosh (Rabbenu Asher Ben Yehiel, 1250-1327) cites Rabbenu Yishak as disputing Rabbenu Tam's position, noting that the Gemara brings Mor Zutra as disagreeing with Rabbi Yehoshua Ben Levi, and asserting that Halacha follows the view of Mor Zutra. The Bet Yosef lists numerous Rishonim who concurred with this stringent ruling of Rabbenu Yishak, and indeed, in the Shulhan Aruch, he writes that a minor may not be counted toward a Minyan under any circumstances, even if otherwise there will not be a Minyan. This is the Halacha for Sepharadim. The Rama (Rav Moshe Isserles, Cracow, d. 1572) ruled that since some Rishonim allowed counting minors toward a Minyan, this can be done when necessary. Rav Moshe Feinstein (Russia-New York, 1895-1986) accepted this ruling as normative Ashkenazic practice, and thus writes that if a congregation has no other option for praying with a Minyan, they may count a boy who has yet to reach the age of Bar-Misva. Other Ashkenazic Poskim, however, disagreed. The Mishna Berura brings several Poskim who concurred with the Shulhan Aruch's stringent ruling, and disputed the Rama's leniency. Likewise, Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) ruled that a child may not be counted toward a Minyan under any circumstances, even if this means that the nine adults will stop coming to synagogue because they will assume there will not be a Minyan. The Tur (Rabbenu Yaakob Ben Asher, Germany-Spain, 1269-1343) brings those who claimed that if a child holds a Humash in his hands, then he may be counted toward a Minyan. The Bet Yosef cites Rabbenu Tam as ridiculing this view, noting that holding a Humash makes no difference and has no impact upon a child's status. In any event, Halacha does not follow this opinion. If a Sepharadi finds himself together with eight other Sepharadim who want to include a minor as the tenth person for the Minyan, he should leave in order to prevent them from doing so. Since this is not allowed according to accepted Sephardic custom, it is proper to walk away so that the others do not make this mistake which will result in the recitation of Berachot in vain. If a Sepharadi is with eight other Ashkenazim who, in accordance with the Rama's ruling, wish to count a minor as the tenth person in a Minyan, it is questionable whether he should answer "Amen" to the Berachot. Hacham Ovadia Yosef ruled that one may not answer "Amen" to a Beracha which, according to his custom, is recited in vain, even if the person recites it legitimately, following his community's custom. A common example is a Sepharadi praying in an Ashkenazi Minyan on Rosh Hodesh, when Ashkenazim recite a Beracha over the recitation of Hallel but Sepharadim do not. According to Hacham Ovadia, the Sepharadi may not answer "Amen" to this Beracha. Another example is the Ashkenazic custom to recite a Beracha before placing the Tefillin Shel Rosh ("Al Misvat Tefillin"). Hacham Ovadia ruled that a Sepharadi who hears an Ashkenazi recite this blessing should not answer "Amen." According to this opinion, a Sepharadi praying with Ashkenazim who count a child toward the Minyan may not answer "Amen" to the Berachot of the Hazara (repetition of the Amida). By contrast, Hacham Bension Abba Shaul (Jerusalem, 1924-1998) maintained that if an Ashkenazi recites a Beracha legitimately, following Ashkenazic practice, then a Sepharadi may answer "Amen," even though this Beracha is not recited according to Sephardic custom. Given the different views on this subject, Rav Bitan suggested that a Sepharadi who finds himself in this situation should answer by reciting the verse, "Baruch Hashem Le'olam Amen Ve'amen" (Tehillim 89:53), attempting to conclude the verse just when the others respond "Amen." This way, the Sefaradi answers "Amen" but says this word as part of a verse, which is always acceptable, thus satisfying all opinions. The Hacham Sevi (Rav Tzvi Ashkenazi, 1656-1718) addresses the question as to the status of a human being created with the Sefer Ha'yesira – a mystical book written by Abraham Abinu. This book contains secrets including the way one can create living creatures using certain Names of G-d. (Some explain on this basis how Abraham served his guests meat and butter – suggesting that the animal was created with the Sefer Ha'yesira, such that it wasn't actually an animal, and thus its meat was not Halachically-defined "Basar.") The Hacham Sevi writes that such a creature does not possess a human soul, and thus is not defined by Halacha as a Jewish person who can count toward a Minyan.

The Gemara (Berachot 48a) brings the view of Rabbi Yehoshua Ben Levi that an Ebed – a non-Jewish servant, who is obligated in some Misvot – may be counted as the tenth men for a Minyan. The Mordechi (Rav Mordechai Ben Hillel, Germany, 13 th century) cites Rabbenu Simha as concluding on the basis of Rabbi Yehoshua Ben Levi's ruling that a woman may be counted toward a Minyan. Since non-Jewish servants are obligated in the same Misvot that women are, it follows that if a servant can be counted, then a woman may be counted, as well. The Bet Yosef observes that this also seems to have been the position of Rabbenu Tam (France, 1100-1171). However, Rabbenu Tam did not act upon this position, and this practice never became accepted. At first glance, we might have assumed that this position would affect the status of an Androginus (hermaphrodite, somebody with both male and female biological features) with respect to a Minyan. In general, the Halachic status of such a person is a Safek – one of uncertainty, and it is unknown whether to treat this individual as a male or female. Seemingly, when an Androginus is needed for a Minyan, we should apply the rule of "Sefek Sefeka," which allows acting leniently when two uncertainties are at stake. There is one question whether this person should be treated as a man or a woman, and even if an Androginus is regarded as a woman, perhaps Halacha follows the view of Rabbenu Tam that a woman may be counted as a Minyan. However, Hacham Ovadia Yosef ruled that Rabbenu Tam's position does not even come under consideration, and therefore we cannot apply the rule of "Sefek Sefeka" in this case. Hence, an Androginus is not counted toward a Minyan. Rabbi Yehoshua Ben Levi is cited also as allowing counting a minor – a boy under the age of Bar-Misva – toward a Minyan. The Gemara (Berachot 47b) brings Rabbi Yehoshua Ben Levi's ruling that an infant cannot be counted as the third person for a Zimun, but he can be counted as the tenth person for a Minyan. Tosafot cite Rabbenu Tam as accepting this position, and ruling that a child – even an infant – can count as the tenth person for a Minyan. (This is the basis for the Bet Yosef's aforementioned theory that Rabbenu Tam likely allowed counting a woman for a Minyan, as well, as he accepted Rabbi Yehoshua Ben Levi's ruling.) Later Rishonim explain Rabbenu Tam's surprising ruling based on the verse from which the Sages derived the concept of a Minyan: "Ve'nikdashti Be'toch Beneh Yisrael" – "I shall be sanctified in the midst of the Children of Israel" (Vayikra 22:32). Even infants are considered part of Beneh Yisrael, and thus they qualify to create the conditions in which these special portions of the Tefila may be recited. The Sefer Ha'manhig (Rabbi Abraham Ben Natan, d. 1215) brings Rabbenu Tam's ruling without making any further comments, strongly implying that he accepted this lenient position. By contrast, numerous Rishonim write that Rabbenu Tam never apply this ruling as a practical matter, and never actually permitted counting minors toward a Minyan. (This is why the Bet Yosef, as cited earlier, writes that Rabbenu Tam did not allow counting a woman toward a Minyan.) Nevertheless, there were those who maintained that when necessary, a congregation may rely on Rabbenu Tam's opinion and count a child toward a Minyan. The Orhot Haim tells that Rabbenu Shimshon decreed excommunication upon a village that, in defiance of his strict ruling, counted minors toward a Minyan, but the Orhot Haim adds that this may be done when absolutely necessary, if the town is very small and otherwise will not have a Minyan. In fact, the Orhot Haim writes, the Ra'abad wrote that this was the custom in many communities. By contrast, the Rosh (Rabbenu Asher Ben Yehiel, 1250-1327) cites Rabbenu Yishak as disputing Rabbenu Tam's position, noting that the Gemara brings Mor Zutra as disagreeing with Rabbi Yehoshua Ben Levi, and asserting that Halacha follows the view of Mor Zutra. The Bet Yosef lists numerous Rishonim who concurred with this stringent ruling of Rabbenu Yishak, and indeed, in the Shulhan Aruch, he writes that a minor may not be counted toward a Minyan under any circumstances, even if otherwise there will not be a Minyan. This is the Halacha for Sepharadim. The Rama (Rav Moshe Isserles, Cracow, d. 1572) ruled that since some Rishonim allowed counting minors toward a Minyan, this can be done when necessary. Rav Moshe Feinstein (Russia-New York, 1895-1986) accepted this ruling as normative Ashkenazic practice, and thus writes that if a congregation has no other option for praying with a Minyan, they may count a boy who has yet to reach the age of Bar-Misva. Other Ashkenazic Poskim, however, disagreed. The Mishna Berura brings several Poskim who concurred with the Shulhan Aruch's stringent ruling, and disputed the Rama's leniency. Likewise, Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) ruled that a child may not be counted toward a Minyan under any circumstances, even if this means that the nine adults will stop coming to synagogue because they will assume there will not be a Minyan. The Tur (Rabbenu Yaakob Ben Asher, Germany-Spain, 1269-1343) brings those who claimed that if a child holds a Humash in his hands, then he may be counted toward a Minyan. The Bet Yosef cites Rabbenu Tam as ridiculing this view, noting that holding a Humash makes no difference and has no impact upon a child's status. In any event, Halacha does not follow this opinion. If a Sepharadi finds himself together with eight other Sepharadim who want to include a minor as the tenth person for the Minyan, he should leave in order to prevent them from doing so. Since this is not allowed according to accepted Sephardic custom, it is proper to walk away so that the others do not make this mistake which will result in the recitation of Berachot in vain. If a Sepharadi is with eight other Ashkenazim who, in accordance with the Rama's ruling, wish to count a minor as the tenth person in a Minyan, it is questionable whether he should answer "Amen" to the Berachot. Hacham Ovadia Yosef ruled that one may not answer "Amen" to a Beracha which, according to his custom, is recited in vain, even if the person recites it legitimately, following his community's custom. A common example is a Sepharadi praying in an Ashkenazi Minyan on Rosh Hodesh, when Ashkenazim recite a Beracha over the recitation of Hallel but Sepharadim do not. According to Hacham Ovadia, the Sepharadi may not answer "Amen" to this Beracha. Another example is the Ashkenazic custom to recite a Beracha before placing the Tefillin Shel Rosh ("Al Misvat Tefillin"). Hacham Ovadia ruled that a Sepharadi who hears an Ashkenazi recite this blessing should not answer "Amen." According to this opinion, a Sepharadi praying with Ashkenazim who count a child toward the Minyan may not answer "Amen" to the Berachot of the Hazara (repetition of the Amida). By contrast, Hacham Bension Abba Shaul (Jerusalem, 1924-1998) maintained that if an Ashkenazi recites a Beracha legitimately, following Ashkenazic practice, then a Sepharadi may answer "Amen," even though this Beracha is not recited according to Sephardic custom. The Hacham Sevi (Rav Tzvi Ashkenazi, 1656-1718) addresses the question as to the status of a human being created with the Sefer Ha'yesira – a mystical book written by Abraham Abinu. This book contains secrets including the way one can create living creatures using certain Names of G-d. (Some explain on this basis how Abraham served his guests meat and butter – suggesting that the animal was created with the Sefer Ha'yesira, such that it wasn't actually an animal, and thus its meat was not Halachically-defined "Basar.") The Hacham Sevi writes that such a creature does not possess a human soul, and thus is not defined by Halacha as a Jewish person who can count toward a Minyan.

Why do married women cover their hair? Is a tichel preferable to a sheitel? Why do some women shave their heads after marriage? Host: Ari Wasserman, author of the newly published, revised and expanded book Making it Work, on workplace challenges and Halachic Q & A on the Job with Rabbi Michoel Frank – Mora D'Asra of Kehilas Ohr HaTorah, Silver Spring, MD – 10:36 with Rabbi Dovid Genish – Rav of Kehillat Meam Loez, Ramat Beit Shemesh – 10:36 with Rabbi Tzvi Ortner – Rav of Linas Hatzedek in Boro Park, Director of Halacha and Technology for the OU – 59:43 Summary of the Above Poskim – 1:25:36 with Rebbetzin Shalvie Friedman – senior educator and seminary teacher – 1:29:57 מראי מקומות   

We follow the custom to recite the Mishna of "Rabbi Hananya Ben Akashya" just before the recitation of Kaddish that precedes Baruch She'amar in the morning. The reason for this practice is that sometimes, the prayer service begins before a Minyan has arrived, and the tenth man comes in right after La'menase'ah, before the Kaddish that precedes Baruch She'amar. In order to allow the recitation of Kaddish, a Minyan must have been present for the reading of words of Torah. We therefore recite "Rabbi Hananya Ben Akashya" to allow the recitation of Kaddish if the tenth men arrived right at that point, before Kaddish. If fewer than ten men are present in the synagogue when it is time to begin Minha, the congregation may begin reciting the sections of the Tamid and the Ketoret, but they should not begin Ashreh before the tenth man arrives. According to some opinions, the half-Kaddish following Ashreh can be recited only if a Minyan was present for Ashreh, and so the congregation should wait for a Minyan to arrive before beginning Ashreh. However, if they recited Ashreh without a Minyan, and the tenth man then arrived, then, according to some Poskim, Kaddish may nevertheless be recited, because our custom is for the Hazzan to recite two verses – "Tikon Tefilati Lefanecha" (Tehillim 141:2) and "Hakshiba Le'kol Shav'i" (Tehillim 5:3) – just before the half-Kaddish preceding the Amida at Minha. The Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939) writes that the custom in his time was to recite Ashreh while waiting for the tenth man, and to then rely on the recitation of these two verses before Kaddish once the tenth man arrives. However, the Mishna Berura ruled that at least three verses must be read to allow the recitation of Kaddish. Moreover, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Od Yosef Hai (Parashat Vayakhel), indicates that an entire chapter of Tehillim should be recited with a Minyan before Kaddish. Therefore, it is preferable to wait for a Minyan before reciting Ashreh, though if Ashreh was recited without a Minyan, and the tenth man arrived after Ashreh, the congregation may rely on the two verses of "Tikon Tefilati" and "Hakshiba." If the entire morning Pesukeh De'zimra service was recited without a Minyan, and the tenth man arrived after Yishtabah at the conclusion of Pesukeh De'zimra, the Hazzan may recite at that point the half-Kaddish preceding Barechu. Likewise, if, during Arbit, the tenth man arrived only after the reading of Shema and all its blessings, the Hazzan may recite the half-Kaddish before the Amida.

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It is customary for Kaddish to be recited after a group reads Tehillim or learns Torah. If only verses from Tanach were read, then Kaddish Yeheh Shelama Rabba is recited. If the learning included Torah She'be'al Peh, then Kaddish Al Yisrael – which includes a prayer for the Sages of Israel, who developed the Torah She'be'al Peh – is recited. Of course, the recitation of Kaddish requires the presence of a Minyan. Sometimes, when fewer than ten men were learning, and one wishes to recite Kaddish, they will bring in men to complete the Minyan to allow for the recitation of Kaddish. May Kaddish be recited immediately in such a case, or must another verse be read, or some more material learned, so that the newcomers read or learn something before Kaddish is recited? This issue is subject to a debate among the Poskim. The Taz (Rav David Segal, Poland, d. 1667) maintained that the newcomers do not need to participate in the learning, and so Kaddish may be recited immediately upon their arrival. The Lebush (Rav Mordechai Yoffe, Prague, d. 1612), by contrast, maintained that the men who are brought in must, in fact, learn something before Kaddish may be recited. He reached this conclusion on the basis of the ruling of the Rama (Rav Moshe Isserles, Cracow, d. 1572) that at Minha, the congregation should not recite Ashreh without a Minyan. The Lebush understood that if a Minyan is not present for Ashreh, then even if the tenth man arrives immediately afterward, the half-Kaddish cannot then be recited, since there was no Minyan during the recitation of Ashreh. This indicates that a Minyan must be present not only for Kaddish, but for the learning or reading preceding the Kaddish. The Taz disagrees with this understanding of the Rama's ruling, and explains that Kaddish must be recited immediately after Ashreh, without any interruption, and so the congregation should not recite Ashreh without a Minyan, as they might then need to wait after Ashreh for a Minyan to arrive before saying Kaddish. The Magen Abraham (Rav Abraham Gombiner, Poland, 1633-1682) concurred with the ruling of the Lebush, explaining that Kaddish is recited after Torah learning because public Torah study, in the presence of ten men or more, creates a Kiddush Hashem (a glorification of Hashem's Name). After creating such a Kiddush Hashem, we declare, "Yitgadal Ve'yitkadash Shemeh Rabba" – that G-d's great name shall continue to be honored and glorified. As this is the reason for reciting Kaddish after learning, it follows that Kaddish is recited only if a Minyan was present during the learning. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) concludes that it is proper to abide by the stringent opinion, and thus if a tenth man arrives after the reading of Tehillim or Torah study, another chapter should be read, or another piece of Torah She'ba'al Peh should be learned, before the recitation of Kaddish. It is for this reason that the custom developed to recite the Mishna of "Rabbi Hananya Ben Akashya" before the recitation of Kaddish Al Yisrael following the study of Torah. In principle, this is not necessary, as the learning itself suffices to warrant the recitation of Kaddish. However, since sometimes the tenth man arrives only after the learning, it became customary to always add this brief Mishna just before Kaddish to ensure that a Minyan is present for the learning and not only for Kaddish. There is some discussion in the Poskim as to how many people must read a passage before Kaddish once the tenth man arrives. The general consensus seems to be that it suffices for just one person to read a passage, and this is, indeed, the common practice. Even someone who did not actually learn or read any verses may then recite Kaddish. Summary: If a group consisting of fewer than ten men read Tehillim or learned Torah, and then a Minyan arrived for Kaddish, someone must read another passage in the presence of the Minyan before the recitation of Kaddish. It is for this reason that the custom developed to recite the Mishna of "Rabbi Hananya Ben Akashya" before the recitation of Kaddish Al Yisrael after Torah study.

Generally speaking, one should not leave the synagogue until the end of the Tefila. There is a tradition that if a person routinely leaves in the middle of the service, then in the future, after Mashiah comes, he will be told to leave the Bet Ha'mikdash before the end of the prayers. It is especially grievous for a person to leave if he is the tenth man. As we've seen in previous installments, a person who exits during a part of the service that requires a Minyan, leaving behind less than ten men, is subject to the harsh warning of the prophet Yeshayahu, "Ve'ozebeh Hashem Yichlu" – "Those who abandon G-d shall be annihilated" (Yeshayahu 1: 28). Sometimes, however, a person has a pressing need to leave. It goes without saying that in the case of a dire emergency, a person may leave the synagogue during any part of the service even if this results in breaking the Minyan. Thus, for example, it is obvious that if a Hatzalah member gets a call during the Hazara (repetition of the Amida), he should immediately leave and tend to the emergency. However, there are even matters of lesser urgency that allow leaving during the Hazara (or other parts of the service that require a Minyan) even if one is the tenth man. If a person needs to use the restroom, for example, and he cannot restrain himself, then it is permissible for him to leave, even though fewer than ten men will be remaining in the synagogue. If a significant financial loss is at stake – such as if a person must leave early for a vitally important business meeting, or might otherwise lose his job – then according to Rav Shmuel Wosner (1913-1915), one may be lenient and leave to avoid the financial loss. Others disagree. In practice, Rav Yisrael Bitan writes that one may rely on the lenient position if he wishes, but he should preferably remain in the synagogue and trust that "Kol Ha'shome'a Li Eno Mafsid" – one ultimately gains, and does not lose, by obeying Hashem and doing the right thing, and any money lost as a result of remaining in the synagogue will be repaid. There is some discussion among the Poskim regarding a Kohen's hand-washing in preparation for Birkat Kohanim in a situation where only ten men are present in the synagogue. In most synagogues, the Kohanim must exit the sanctuary to access the sink. Should the Kohen do so if only ten men are present, and he would thus leave behind fewer than ten men for a few moments during the Hazara? Some suggested that in such a situation, it is preferable for the Kohen to wash his hands before the Amida in order to avoid the problem. Others, however, disapprove of this solution, as a Kohen ought to wash his hands as close to Birkat Kohanim as possible. Rav Haim Palachi (Turkey, 1788-1868) writes that in such a case, the Hazzan should pause for those few moments when the Kohen is outside the synagogue and only nine men remain. As for the final Halacha, Rav Yisrael Bitan ruled that preferably, water should be brought to the Kohen inside the sanctuary in this situation so he does not need to leave. If this is not feasible, then the Kohen should leave to wash his hands, and the Hazzan should pause, in accordance with Rav Haim Palachi's ruling. If the sink is visible from inside the sanctuary, then the Kohen may leave to wash his hands and rely on the opinion that he counts toward the Minyan since he can still be seen. Whenever one exits the synagogue, it is proper to do slowly, as leaving hurriedly gives the impression that he is eager to finish the prayers and leave.

Generally speaking, one should not leave the synagogue until the end of the Tefila. There is a tradition that if a person routinely leaves in the middle of the service, then in the future, after Mashiah comes, he will be told to leave the Bet Ha'mikdash before the end of the prayers. It is especially grievous for a person to leave if he is the tenth man. As we've seen in previous installments, a person who exits during a part of the service that requires a Minyan, leaving behind less than ten men, is subject to the harsh warning of the prophet Yeshayahu, "Ve'ozebeh Hashem Yichlu" – "Those who abandon G-d shall be annihilated" (Yeshayahu 1: 28). Sometimes, however, a person has a pressing need to leave. It goes without saying that in the case of a dire emergency, a person may leave the synagogue during any part of the service even if this results in breaking the Minyan. Thus, for example, it is obvious that if a Hatzalah member gets a call during the Hazara (repetition of the Amida), he should immediately leave and tend to the emergency. However, there are even matters of lesser urgency that allow leaving during the Hazara (or other parts of the service that require a Minyan) even if one is the tenth man. If a person needs to use the restroom, for example, and he cannot restrain himself, then it is permissible for him to leave, even though fewer than ten men will be remaining in the synagogue. If a significant financial loss is at stake – such as if a person must leave early for a vitally important business meeting, or might otherwise lose his job – then according to Rav Shmuel Wosner (1913-1915), one may be lenient and leave to avoid the financial loss. Others disagree. In practice, Rav Yisrael Bitan writes that one may rely on the lenient position if he wishes, but he should preferably remain in the synagogue and trust that "Kol Ha'shome'a Li Eno Mafsid" – one ultimately gains, and does not lose, by obeying Hashem and doing the right thing, and any money lost as a result of remaining in the synagogue will be repaid. There is some discussion among the Poskim regarding a Kohen's hand-washing in preparation for Birkat Kohanim in a situation where only ten men are present in the synagogue. In most synagogues, the Kohanim must exit the sanctuary to access the sink. Should the Kohen do so if only ten men are present, and he would thus leave behind fewer than ten men for a few moments during the Hazara? Some suggested that in such a situation, it is preferable for the Kohen to wash his hands before the Amida in order to avoid the problem. Others, however, disapprove of this solution, as a Kohen ought to wash his hands as close to Birkat Kohanim as possible. Rav Haim Palachi (Turkey, 1788-1868) writes that in such a case, the Hazzan should pause for those few moments when the Kohen is outside the synagogue and only nine men remain. As for the final Halacha, Rav Yisrael Bitan ruled that preferably, water should be brought to the Kohen inside the sanctuary in this situation so he does not need to leave. If this is not feasible, then the Kohen should leave to wash his hands, and the Hazzan should pause, in accordance with Rav Haim Palachi's ruling. If the sink is visible from inside the sanctuary, then the Kohen may leave to wash his hands and rely on the opinion that he counts toward the Minyan since he can still be seen. Whenever one exits the synagogue, it is proper to do slowly, as leaving hurriedly gives the impression that he is eager to finish the prayers and leave.

As discussed in previous installments, if a Minyan of precisely ten people is praying, and one of them leaves in the middle of a section that requires a Minyan, those who remain may complete that section despite not having a Minyan. As long as at least six men remain, they may complete the section that began in the presence of a Minyan. Thus, for example, if the Hazzan began the Hazara (repetition of the Amida), and the Minyan was lost in the middle of the repetition, he may continue and complete the Hazara. However, Halacha speaks very harshly of a person who breaks a Minyan by departing in the middle of the service, leaving behind fewer than ten men. The Sages applied to such a person the stern warning of the prophet Yeshayahu (1:28), "Ve'ozebeh Hashem Yichlu" – "Those who abandon G-d shall be annihilated," Heaven forbid. It must be emphasized that this applies only to someone whose departure results in the loss of a Minyan. If there are more than ten men present, then one who leaves the synagogue is not included in this harsh condemnation. Furthermore, the Mishna Berura writes that the Sages speak here only of a person who leaves during a part of the prayer service that requires a Minyan – such as the Hazara (repetition of the Amida), Kaddish and Torah reading. If a person needs to leave, he may do so if the congregation is not currently reciting a part of the prayer service requiring ten men. For example, if the Hazzan is reciting the Kaddish after Yishtabah, and the tenth man wishes to leave, he may wait until after Kaddish and then leave. This is allowed even though he prevents the remaining nine from reciting the later sections of the service that require a Minyan. Similarly, if a person needs to leave during the Hazara, he should do so after the completion of the Hazara. (According to Ashkenazic custom, which views Kaddish Titkabal as part of the Hazara, he must wait until after Kaddish Titkabal.) An exception to this rule is Nakdishach, during which one may never leave the synagogue. Importantly, this entire discussion applies to a person who already prayed. Irrespective of one's responsibility to the other nine men in the synagogue, he has a personal obligation to pray with a Minyan, and so he should not leave without a pressing need that justifies missing a Minyan.

Hashem Provides Strength

I once encountered a fascinating Halachic question while praying in an airport before boarding. A group of nine Ashkenazim approached me and said they needed a tenth man so they could make a Minyan for Minha, and I of course happily agreed. During the Hazara (repetition of the Amida), an announcement was made that it was time to board. Six of us knew we had time to finish Minha before we needed to get on line to board, but four of the men were worried, and left to board. The remaining six were unsure what to do, and I told them that the Hazzan may continue the repetition of the Amida, since there was a Minyan in attendance when it began. If a section of the service requiring a Minyan began when ten or more men were present, it may be completed even if the Minyan was lost, as long as at least six men remain. The problem, however, arose when the time came to recite the Kaddish Titkabal after the Hazara. Ashkenazic custom views the Kaddish Titkabal as integrally connected to the Hazara, and therefore, just as the Hazara may be completed after the Minyan was lost, the Kaddish Titkaba after the Hazara may likewise be recited. Sephardic custom, however, views Kaddish Titkabal as separate from the Hazara, and thus according to Sephardic practice, if the Minyan was lost during the Hazara, then the Kaddish Titkabal may not be recited after the Hazzan completes the Hazara. I was thus unsure what to do in this situation, as a Sepharadi praying with Ashkenazim after four of the ten men left. Their Halachic tradition mandated reciting the Kaddish Titkabal after the repetition of the Amida, but according to my Halachic tradition, this Kaddish should not be recited. I did not know whether I should answer to their recitation of Kaddish. I later sent a message to Rav Yisrael Bitan asking this question, and he promptly replied with a detailed, six-page Teshuba (responsum) on this subject. He noted Hacham Ovadia Yosef's ruling that when a person hears a Beracha which according to his tradition is unwarranted, and thus recited in vain, he may not answer "Amen." One example is a Sefaradi who hears an Ashkenazi recite the Beracha of "Al Misvat Tefillin" over the Tefillin Shel Rosh. Although this Ashkenazi obviously acts correctly by reciting this Beracha, which is required according to Ashkenazic custom, the Sefaradi should not answer "Amen," since according to Sephardic practice, this Beracha constitutes a Beracha Le'batala (blessing recited in vain). This would apply also in the case of a Sefaradi who hears an Ashkenazi recite a Beracha over Hallel on Rosh Hodesh – a Beracha required by Ashkenazi custom but not according to Sephardic custom. Since Sephardic tradition regards this blessing as a "Beracha Le'batala," the Sefaradi should not answer "Amen" to this blessing. Many other Poskim dispute Hacham Ovadia's ruling, and maintain that since the Ashkenazi recites this blessing legitimately, in accordance with Ashkenazic practice, there is no problem for a Sefaradi to answer "Amen." Rabbi Bitan considers the possibility that Hacham Ovadia might agree that in the case of Kaddish, a Sefaradi may respond even if the Kaddish should not be recited according to Sephardic custom. One might distinguish between answering to an unwarranted blessing, which constitutes a "Beracha Le'batala," and answering to Kaddish, which is not a blessing. Rav Bitan concludes, however, that Hacham Ovadia likely applied his ruling even to Kaddish, and thus, in his view, a Sefaradi should not answer "Amen" to Kaddish if the Kaddish is not valid according to Sephardic custom. He may, however, answer "Yeheh Shemeh Rabba" even according to Hacham Ovadia's position, as this is merely an expression of praise, and differs from the response of "Amen." Given the different views on this subject, Rav Bitan suggested avoiding this problem by reciting the verse, "Baruch Hashem Le'olam Amen Ve'amen" (Tehillim 89:53), attempting to conclude the verse just when the others respond "Amen" to the Kaddish. This way, the Sefaradi answers "Amen" but says this word as part of a verse, which is always acceptable, thus satisfying all opinions.

I once encountered a fascinating Halachic question while praying in an airport before boarding. A group of nine Ashkenazim approached me and said they needed a tenth man so they could make a Minyan for Minha, and I of course happily agreed. During the Hazara (repetition of the Amida), an announcement was made that it was time to board. Six of us knew we had time to finish Minha before we needed to get on line to board, but four of the men were worried, and left to board. The remaining six were unsure what to do, and I told them that the Hazzan may continue the repetition of the Amida, since there was a Minyan in attendance when it began. If a section of the service requiring a Minyan began when ten or more men were present, it may be completed even if the Minyan was lost, as long as at least six men remain. The problem, however, arose when the time came to recite the Kaddish Titkabal after the Hazara. Ashkenazic custom views the Kaddish Titkabal as integrally connected to the Hazara, and therefore, just as the Hazara may be completed after the Minyan was lost, the Kaddish Titkaba after the Hazara may likewise be recited. Sephardic custom, however, views Kaddish Titkabal as separate from the Hazara, and thus according to Sephardic practice, if the Minyan was lost during the Hazara, then the Kaddish Titkabal may not be recited after the Hazzan completes the Hazara. I was thus unsure what to do in this situation, as a Sepharadi praying with Ashkenazim after four of the ten men left. Their Halachic tradition mandated reciting the Kaddish Titkabal after the repetition of the Amida, but according to my Halachic tradition, this Kaddish should not be recited. I did not know whether I should answer to their recitation of Kaddish. I later sent a message to Rav Yisrael Bitan asking this question, and he promptly replied with a detailed, six-page Teshuba (responsum) on this subject. He noted Hacham Ovadia Yosef's ruling that when a person hears a Beracha which according to his tradition is unwarranted, and thus recited in vain, he may not answer "Amen." One example is a Sefaradi who hears an Ashkenazi recite the Beracha of "Al Misvat Tefillin" over the Tefillin Shel Rosh. Although this Ashkenazi obviously acts correctly by reciting this Beracha, which is required according to Ashkenazic custom, the Sefaradi should not answer "Amen," since according to Sephardic practice, this Beracha constitutes a Beracha Le'batala (blessing recited in vain). This would apply also in the case of a Sefaradi who hears an Ashkenazi recite a Beracha over Hallel on Rosh Hodesh – a Beracha required by Ashkenazi custom but not according to Sephardic custom. Since Sephardic tradition regards this blessing as a "Beracha Le'batala," the Sefaradi should not answer "Amen" to this blessing. Many other Poskim dispute Hacham Ovadia's ruling, and maintain that since the Ashkenazi recites this blessing legitimately, in accordance with Ashkenazic practice, there is no problem for a Sefaradi to answer "Amen." Rabbi Bitan considers the possibility that Hacham Ovadia might agree that in the case of Kaddish, a Sefaradi may respond even if the Kaddish should not be recited according to Sephardic custom. One might distinguish between answering to an unwarranted blessing, which constitutes a "Beracha Le'batala," and answering to Kaddish, which is not a blessing. Rav Bitan concludes, however, that Hacham Ovadia likely applied his ruling even to Kaddish, and thus, in his view, a Sefaradi should not answer "Amen" to Kaddish if the Kaddish is not valid according to Sephardic custom. He may, however, answer "Yeheh Shemeh Rabba" even according to Hacham Ovadia's position, as this is merely an expression of praise, and differs from the response of "Amen." Given the different views on this subject, Rav Bitan suggested avoiding this problem by reciting the verse, "Baruch Hashem Le'olam Amen Ve'amen" (Tehillim 89:53), attempting to conclude the verse just when the others respond "Amen" to the Kaddish. This way, the Sefaradi answers "Amen" but says this word as part of a verse, which is always acceptable, thus satisfying all opinions.

In this engaging Ask Away episode, Rabbi Aryeh Wolbe tackles listener questions on everyday halacha and deeper Jewish concepts. Key topics include:Leaving negative Google reviews: Permissible only if consistently poor (to protect others), not for one-off bad experiences, to avoid lashon hara.Converts reciting Kaddish for non-Jewish parents: Not forbidden, and may merit their souls (as Avraham elevated his father Terach), though its full effect is unclear; honoring parents remains relevant.Modern rabbinic ordination (semicha): The biblical Sanhedrin chain ended with the Second Temple, but the unbroken rabbi-to-student transmission continues today, granting authority through rigorous testing—distinct from mere professional licensing.Blessings on processed foods (juices, oat milk, Pringles, soups): When original form changes significantly, default to Shehakol; priorities and mixtures follow complex rules (e.g., separate blessings for distinct components in soup).Continuing to eat after benching: Allowed, but requires new brachot.Fluctuating faith and synagogue-hopping: Hashem cherishes every effort; simple, heartfelt prayer anywhere strengthens connection—encouragement over self-criticism.Jews as "non-fighters" yet having a strong army: Victories are supernatural miracles (stories from 1948, Six-Day War, recent conflicts), not natural might—Hashem fights our battles when we stay close to Torah.The episode overflows with inspiring stories of divine protection and encouragement to appreciate open Torah study in America amid 2,000 years of relentless persecution.Please submit your questions at askaway@torchweb.org_____________The Everyday Judaism Podcast is dedicated to learning, understanding and appreciating the greatness of Jewish heritage and the Torah through the simplified, concise study of Halacha, Jewish Law, thereby enhancing our understanding of how Hashem wants us to live our daily lives in a Jewish way._____________This Podcast Series is Generously Underwritten by Marshall & Doreen LernerDownload & Print the Everyday Judaism Halacha Notes:https://drive.google.com/drive/folders/1RL-PideM42B_LFn6pbrk8MMU5-zqlLG5This episode (Ep. #79) of the Everyday Judaism Podcast by Rabbi Aryeh Wolbe of TORCH is dedicated to my dearest friends, Marshall & Doreen Lerner! May Hashem bless you and always lovingly accept your prayer for good health, success and true happiness!!!Recorded in the TORCH Centre - Levin Family Studio (B) to a live audience on December 7, 2025, in Houston, Texas.Released as Podcast on December 22, 2025_____________Connect with Us:Subscribe to the Everyday Judaism PodcastApple Podcasts: https://podcasts.apple.com/us/podcast/everyday-judaism-rabbi-aryeh-wolbe/id1600622789Spotify: https://open.spotify.com/show/3AXCNcyKSVsaOLsLQsCN1CShare your questions at askaway@torchweb.org or visit torchweb.org for more Torah content.  _____________About the Host:Rabbi Aryeh Wolbe, Director of TORCH in Houston, brings decades of Torah scholarship to guide listeners in applying Jewish wisdom to daily life.  To directly send your questions, comments, and feedback: awolbe@torchweb.org_____________Support Our Mission:Help us share Jewish wisdom globally by sponsoring an episode at torchweb.org. Your support makes a difference!_____________Subscribe and Listen to other podcasts by Rabbi Aryeh Wolbe: NEW!! Prayer Podcast: https://prayerpodcast.transistor.fm/episodesJewish Inspiration Podcast: https://inspiration.transistor.fm/episodesParsha Review Podcast: https://parsha.transistor.fm/episodesLiving Jewishly Podcast: https://jewishly.transistor.fm/episodesThinking Talmudist Podcast: https://talmud.transistor.fm/episodesUnboxing Judaism Podcast: https://unboxing.transistor.fm/episodesRabbi Aryeh Wolbe Podcast Collection: https://collection.transistor.fm/episodesFor a full listing of podcasts available by TORCH at http://podcast.torchweb.org_____________Keywords:#AskAway, #Torah, #Halacha, #Q&A, #Jewish, #Traditions, #Law, #LashonHara, #GoogleReviews, #Kaddish, #Ordination, #Brachot, #Blessings, #Miracles, #IDF, #Faith, #Struggles ★ Support this podcast ★

In this engaging Ask Away episode, Rabbi Aryeh Wolbe tackles listener questions on everyday halacha and deeper Jewish concepts. Key topics include:Leaving negative Google reviews: Permissible only if consistently poor (to protect others), not for one-off bad experiences, to avoid lashon hara.Converts reciting Kaddish for non-Jewish parents: Not forbidden, and may merit their souls (as Avraham elevated his father Terach), though its full effect is unclear; honoring parents remains relevant.Modern rabbinic ordination (semicha): The biblical Sanhedrin chain ended with the Second Temple, but the unbroken rabbi-to-student transmission continues today, granting authority through rigorous testing—distinct from mere professional licensing.Blessings on processed foods (juices, oat milk, Pringles, soups): When original form changes significantly, default to Shehakol; priorities and mixtures follow complex rules (e.g., separate blessings for distinct components in soup).Continuing to eat after benching: Allowed, but requires new brachot.Fluctuating faith and synagogue-hopping: Hashem cherishes every effort; simple, heartfelt prayer anywhere strengthens connection—encouragement over self-criticism.Jews as "non-fighters" yet having a strong army: Victories are supernatural miracles (stories from 1948, Six-Day War, recent conflicts), not natural might—Hashem fights our battles when we stay close to Torah.The episode overflows with inspiring stories of divine protection and encouragement to appreciate open Torah study in America amid 2,000 years of relentless persecution.Please submit your questions at askaway@torchweb.org_____________The Everyday Judaism Podcast is dedicated to learning, understanding and appreciating the greatness of Jewish heritage and the Torah through the simplified, concise study of Halacha, Jewish Law, thereby enhancing our understanding of how Hashem wants us to live our daily lives in a Jewish way._____________This Podcast Series is Generously Underwritten by Marshall & Doreen LernerDownload & Print the Everyday Judaism Halacha Notes:https://drive.google.com/drive/folders/1RL-PideM42B_LFn6pbrk8MMU5-zqlLG5This episode (Ep. #79) of the Everyday Judaism Podcast by Rabbi Aryeh Wolbe of TORCH is dedicated to my dearest friends, Marshall & Doreen Lerner! May Hashem bless you and always lovingly accept your prayer for good health, success and true happiness!!!Recorded in the TORCH Centre - Levin Family Studio (B) to a live audience on December 7, 2025, in Houston, Texas.Released as Podcast on December 22, 2025_____________Connect with Us:Subscribe to the Everyday Judaism PodcastApple Podcasts: https://podcasts.apple.com/us/podcast/everyday-judaism-rabbi-aryeh-wolbe/id1600622789Spotify: https://open.spotify.com/show/3AXCNcyKSVsaOLsLQsCN1CShare your questions at askaway@torchweb.org or visit torchweb.org for more Torah content.  _____________About the Host:Rabbi Aryeh Wolbe, Director of TORCH in Houston, brings decades of Torah scholarship to guide listeners in applying Jewish wisdom to daily life.  To directly send your questions, comments, and feedback: awolbe@torchweb.org_____________Support Our Mission:Help us share Jewish wisdom globally by sponsoring an episode at torchweb.org. Your support makes a difference!_____________Subscribe and Listen to other podcasts by Rabbi Aryeh Wolbe: NEW!! Prayer Podcast: https://prayerpodcast.transistor.fm/episodesJewish Inspiration Podcast: https://inspiration.transistor.fm/episodesParsha Review Podcast: https://parsha.transistor.fm/episodesLiving Jewishly Podcast: https://jewishly.transistor.fm/episodesThinking Talmudist Podcast: https://talmud.transistor.fm/episodesUnboxing Judaism Podcast: https://unboxing.transistor.fm/episodesRabbi Aryeh Wolbe Podcast Collection: https://collection.transistor.fm/episodesFor a full listing of podcasts available by TORCH at http://podcast.torchweb.org_____________Keywords:#AskAway, #Torah, #Halacha, #Q&A, #Jewish, #Traditions, #Law, #LashonHara, #GoogleReviews, #Kaddish, #Ordination, #Brachot, #Blessings, #Miracles, #IDF, #Faith, #Struggles ★ Support this podcast ★

Halacha is very critical of people who depart the synagogue in the middle of the prayer service, leaving the others without a Minyan. If there are only ten men present in the synagogue, one should not leave before the end of the Tefilla. Sometimes, however, it happens that, for whatever reason, one or more individuals need to leave, and there is no longer a Minyan present in the synagogue. If this happens during a section of the service requiring a Minyan, that section may be completed without a Minyan. For example, if the Minyan is lost during the Hazara (repetition of the Amida), the Hazan may complete the Hazara even though fewer than ten men are present. As long as at least six men – the majority of a Minyan – remain, that section of the service may be completed, since it began in the presence of a Minyan. This applies even if the Minyan was lost during the first blessing of the repetition of the Amida. Another example is where people begin leaving during the Kaddish toward the end of Arbit, before Alenu. As long as ten men were present when Kaddish began, the Kaddish may be completed after the Minyan is lost, provided that at least six men remain. Importantly, only that section of the service – which began in the presence of a Minyan – may be completed. Other portions of the Tefilla, however, may not be recited, since the Minyan was lost before they began. In the case of the Hazara, if the Minyan was lost at some point during the first three Berachot, before Nakdishach, the congregation may nevertheless recite Nakdishach, because it is considered part of the repetition of the Amida. However, they cannot recite Birkat Kohanim, as Birkat Kohanim is viewed as a separate recitation, and not part of the Hazara. The Hazzan would thus recite "Elokenu V'Elokeh Abotenu" just as he would do if no Kohanim were present. Different customs exist regarding the recitation of the Kaddish Titkabal following the Hazara in such a case. Ashkenazic practice views the Kaddish Titkabal as integrally connected to the repetition of the Amida, because, after all, in this Kaddish we pray that our prayers will be answered, referring to the Amida prayer which had just been recited. Therefore, according to Ashkenazic custom, if the Minyan was lost during the Hazara, the Hazzan completes the Hazara and also recites the Kaddish Titkabal afterward. Sephardic custom, however, views the Kaddish Titkabal as separate and apart from the Amida, and therefore it cannot be recited if the Minyan was lost during the Hazara. This applies also in a case where the Minyan was lost during Selihot. The Selihot service may be completed without a Minyan, but, according to Sephardic practice, the Kaddish Titkabal following Selihot may not be recited. Ashkenazim, however, allow reciting the Kaddish Titkabal after Selihot in this case, because – as with regard to the Kaddish following the Amida – they view the Kaddish as integral to the Selihot service. If the Minyan was lost during the Torah reading – even if this happened during the first Aliya – the entire Torah reading may be completed. Likewise, the Haftara may be completed if the Minyan was lost during the Haftara reading. However, the Kaddish following the Torah reading is not recited if the Minyan was lost during the Torah reading. If ten men were present during the silent Amida, and somebody left before the Hazzan began the repetition of the Amida, the Hazzan may not repeat the Amida, as the repetition is viewed as separate and apart from the silent Amida. Rabbi Akiva Eger (1761-1837) addresses the interesting case of a Minyan which was lost and then restored. If during the Hazara, for example, five of the ten men left, leaving behind only five – which, as mentioned, do no suffice to allow continuing the Hazara – may the Hazara be resumed if one of the five men returns? Instinctively, we might say that since the Hazara began with a Minyan, and six men are now present, the Hazara may be continued. On the other hand, one could argue that once the Minyan was lost, as fewer than six men were present, the Hazara cannot continue on the basis of the original ten men who were present when it began. Rabbi Akiva Eger leaves this question unanswered. A different question arises in the case of a "revolving Minyan" – where there were never fewer than six men present at any point, but six or more of the original ten men left. Let us consider, for example, the case of a Minyan consisting of exactly ten men, four of whom left during the Hazara, after which four other people entered the synagogue. At this point, there are ten men in the synagogue – six members of the original Minyan, and four newcomers, who arrived in the middle of the Hazara. If one or more of the six who remained from the original Minyan would now leave, may the Hazara continue? One might argue that since fewer than six of the original ten members of the Minyan are present, the Hazara cannot continue, as there aren't six people in the synagogue who were present when the Hazara began. In truth, however, Halacha allows the Hazara to continue in this case, since there was never a point when fewer than six men were present. This entire discussion applies only after the fact, if the Minyan was lost. If the people know ahead of time that the Minyan will be lost at a certain point in the service – such as if the tenth man informed the others that he must leave by a certain time – then they may not begin a part of the service that requires a Minyan. Meaning, if, for example, they know that the tenth man will leave during the Hazara, then the Hazzan may not begin the Hazara; if they know that the tenth man will leave during the Torah reading, then they may not begin the Torah reading.

Halacha is very critical of people who depart the synagogue in the middle of the prayer service, leaving the others without a Minyan. If there are only ten men present in the synagogue, one should not leave before the end of the Tefilla. Sometimes, however, it happens that, for whatever reason, one or more individuals need to leave, and there is no longer a Minyan present in the synagogue. If this happens during a section of the service requiring a Minyan, that section may be completed without a Minyan. For example, if the Minyan is lost during the Hazara (repetition of the Amida), the Hazan may complete the Hazara even though fewer than ten men are present. As long as at least six men – the majority of a Minyan – remain, that section of the service may be completed, since it began in the presence of a Minyan. This applies even if the Minyan was lost during the first blessing of the repetition of the Amida. Another example is where people begin leaving during the Kaddish toward the end of Arbit, before Alenu. As long as ten men were present when Kaddish began, the Kaddish may be completed after the Minyan is lost, provided that at least six men remain. Importantly, only that section of the service – which began in the presence of a Minyan – may be completed. Other portions of the Tefilla, however, may not be recited, since the Minyan was lost before they began. In the case of the Hazara, if the Minyan was lost at some point during the first three Berachot, before Nakdishach, the congregation may nevertheless recite Nakdishach, because it is considered part of the repetition of the Amida. However, they cannot recite Birkat Kohanim, as Birkat Kohanim is viewed as a separate recitation, and not part of the Hazara. The Hazzan would thus recite "Elokenu V'Elokeh Abotenu" just as he would do if no Kohanim were present. Different customs exist regarding the recitation of the Kaddish Titkabal following the Hazara in such a case. Ashkenazic practice views the Kaddish Titkabal as integrally connected to the repetition of the Amida, because, after all, in this Kaddish we pray that our prayers will be answered, referring to the Amida prayer which had just been recited. Therefore, according to Ashkenazic custom, if the Minyan was lost during the Hazara, the Hazzan completes the Hazara and also recites the Kaddish Titkabal afterward. Sephardic custom, however, views the Kaddish Titkabal as separate and apart from the Amida, and therefore it cannot be recited if the Minyan was lost during the Hazara. This applies also in a case where the Minyan was lost during Selihot. The Selihot service may be completed without a Minyan, but, according to Sephardic practice, the Kaddish Titkabal following Selihot may not be recited. Ashkenazim, however, allow reciting the Kaddish Titkabal after Selihot in this case, because – as with regard to the Kaddish following the Amida – they view the Kaddish as integral to the Selihot service. If the Minyan was lost during the Torah reading – even if this happened during the first Aliya – the entire Torah reading may be completed. Likewise, the Haftara may be completed if the Minyan was lost during the Haftara reading. However, the Kaddish following the Torah reading is not recited if the Minyan was lost during the Torah reading. If ten men were present during the silent Amida, and somebody left before the Hazzan began the repetition of the Amida, the Hazzan may not repeat the Amida, as the repetition is viewed as separate and apart from the silent Amida. Rabbi Akiva Eger (1761-1837) addresses the interesting case of a Minyan which was lost and then restored. If during the Hazara, for example, five of the ten men left, leaving behind only five – which, as mentioned, do no suffice to allow continuing the Hazara – may the Hazara be resumed if one of the five men returns? Instinctively, we might say that since the Hazara began with a Minyan, and six men are now present, the Hazara may be continued. On the other hand, one could argue that once the Minyan was lost, as fewer than six men were present, the Hazara cannot continue on the basis of the original ten men who were present when it began. Rabbi Akiva Eger leaves this question unanswered. A different question arises in the case of a "revolving Minyan" – where there were never fewer than six men present at any point, but six or more of the original ten men left. Let us consider, for example, the case of a Minyan consisting of exactly ten men, four of whom left during the Hazara, after which four other people entered the synagogue. At this point, there are ten men in the synagogue – six members of the original Minyan, and four newcomers, who arrived in the middle of the Hazara. If one or more of the six who remained from the original Minyan would now leave, may the Hazara continue? One might argue that since fewer than six of the original ten members of the Minyan are present, the Hazara cannot continue, as there aren't six people in the synagogue who were present when the Hazara began. In truth, however, Halacha allows the Hazara to continue in this case, since there was never a point when fewer than six men were present. This entire discussion applies only after the fact, if the Minyan was lost. If the people know ahead of time that the Minyan will be lost at a certain point in the service – such as if the tenth man informed the others that he must leave by a certain time – then they may not begin a part of the service that requires a Minyan. Meaning, if, for example, they know that the tenth man will leave during the Hazara, then the Hazzan may not begin the Hazara; if they know that the tenth man will leave during the Torah reading, then they may not begin the Torah reading.

Meilech Kohn grew up Jewish, raised in a deeply Chasidic world. After years of bullying and pressure, he walked away from Judaism — and his life completely collapsed. Meilech became homeless. He struggled with drugs. He lost everything he once had. And then… he came back.In this raw and honest episode, Meilech shares the shocking reality of what happened after leaving a religious Jewish life — including encounters with police, time spent in jail cells, surviving homelessness, and the toll it took on his mental health. We talk openly about addiction, trauma, identity, and what it feels like to completely lose yourself.After everything fell apart, Meilech rebuilt his life and eventually became a popular Jewish singer, performing and recording music while living a very different life. In this episode, he shares the full story of how he found his way back — to his family, his Jewish roots, and his sense of self — after hitting rock bottom.Thank you to our sponsors:►BJX Helpline: If you or a family member is going through a spiritual crisis schedule a consolation with the BJX Rabbi's today. Call 646-397-1544 or email ⁠info@bjxcenter.com⁠__________________________________►Iyun Halacha: Join the incredible online Halacha learning program!visit www.iyunhalacha.org or email info@iyunhalacha.org__________________________________►Ohr Olam: The Revolutionary Hebrew-English Mishnah BerurahGet a copy at your local Jewish bookstore or visit:https://zbermanbooks.com/catalogsearch/result/?q=ohr+olamFor more info and a free download, visit:https://www.ohr-olam.org__________________________________►Colel Chabad: Pushka App Download Colel Chabad's Pushka app and help support over 47,000 families in need in Israel! https://pushkapp.cc/joyful__________________________________►Join the weekly Parsha Inspiration Email info@parshaknowledge.com or visit parshaknowledge.com__________________________________Join our WhatsApp group: https://chat.whatsapp.com/BbfFPZDu1ldBlANISpy0Oj or message 646-397-232Listen to the podcast by phone:USA: 605-562-3522Israel: 972-79-579-5099 Reach out to us: WhatsApp: 646-397-2320Email: info@ParshaKnowledge.comThank you for listening and remember to stay Jewish n' Joyful :)

When one counts a group of Jews to determine how many they are, he should do so indirectly. This Halacha is inferred from the Torah law of "Mahasit Ha'shekel," which requires that when a census of the nation is taken, this should be done by having every member donate a half-shekel, and this money is then counted to determine the number of people in Beneh Yisrael. The Torah warns, "Ve'lo Yiheyeh Bahem Negef Bi'fkod Otam" – counting directly could lead to a plague, Heaven forbid (Shemot 30:12). The commentaries explain that counting directly invites the "Ayin Ha'ra" ("evil eye"), and thus poses danger. This applies even when counting for the purpose of a Misva. Therefore, when one counts the men present in the synagogue to determine whether they comprise a Minyan, he should not count directly, saying, "One, two, three" and so on. Some people mistakenly think that it suffices to count people while saying, "Not one, "Not two," "Not three," and so on. This is incorrect, as saying "Not one" is no different from simply saying "one." The two commonly accepted methods for counting people are to either count silently in one's mind, without saying the numbers, or to use a verse consisting of ten words and count each person by saying a word from the verse. One such verse is "Hoshi'a Et Amecha U'barech Et Nahaletecha, U're'em Ve'nas'em Ad Ha'olam" (Tehillim 28:9). Hacham Baruch Ben-Haim would use the verse, "Masmi'ah Hasir La'behema Ve'eseb La'abodat Ha'adam, Le'hosi Lehem Min Ha'aretz" (Tehillim 104:14). Others use the blessing of Ha'mosi, which consists of ten words ("Baruch Ata Hashem Elokenu Melech Ha'olam Ha'mosi Lehem Min Ha'aretz"). The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Mi'kabse'el (Parashat Vayehi), writes that the custom in Baghdad was to use a bead bracelet to count the people in the synagogue, separating one bead for each man in attendance.

Certain portions of the prayer service cannot be recited without the presence of a Minyan. These include Nakdishach, Kaddish, Barechu, Birkat Kohanim, the repetition of the Amida, the congregational reading of the Torah and the Haftara, and the Yag Middot (thirteen attributes of mercy). A "Minyan" is defined as a group of ten Jewish males who have reached the age of Bar-Misva. Nobody and nothing other than Jewish males above Bar-Misva age count toward a Minyan. If nine men are present in the synagogue, they cannot count the Sefer Torah, or the Teba or the Hechal, as the tenth "person" for the Minyan. Tradition teaches that Eliyahu Ha'nabi attends every Berit Mila. One should not think, however, that because of this tradition, a group of nine men at a Berit can be considered a Minyan given that Eliyahu is present and can thus be considered the tenth man. A Minyan requires the presence of ten men, and Eliyahu attends a Berit as an angel, not a man. Therefore, he cannot be counted. Stories are told of how Eliyahu appeared in the form of a human being, and when this happens, he can be counted toward a Minyan. However, when he arrives in the form of an angel, he does not count toward a Minyan. This applies also to the Gemara's teaching that the righteous are considered "alive" even after their passing. Some people mistakenly allow on this basis reciting Kaddish at a cemetery even without the presence of ten men, figuring that the Sadikim buried in the cemetery are considered "alive" and can thus be counted toward a Minyan. They draw proof from the Gemara's description (Ketubot 103) of how Rabbi Yehuda Ha'nasi would join his family every Friday night after his passing and recite Kiddush for them. If Rabbi Yehuda Ha'nasi could recite Kiddush for his family after his passing, this might indicate that Sadikim are truly considered alive with respect to Halacha even after their death. This inference, however, is incorrect. Firstly, there is a rule that we cannot reach Halachic conclusions based on the Aggadic sections of the Talmud, such as stories told of the Talmudic sages. Additionally, the Gemara describes Rabbi Yehuda Ha'nasi arriving in his home in the form of a living person, and so he could be halachically regarded as a human being. This cannot be said of the souls of the departed which cannot be seen. Therefore, Kaddish may not be recited in a cemetery without a Minyan, even if there are Sadikim known to be buried there. If somebody recites Kaddish in a cemetery in the presence of fewer than ten men, others should not answer "Amen," since the Kaddish is being recited inappropriately.

Certain portions of the prayer service cannot be recited without the presence of a Minyan. These include Nakdishach, Kaddish, Barechu, Birkat Kohanim, the repetition of the Amida, the congregational reading of the Torah and the Haftara, and the Yag Middot (thirteen attributes of mercy). A "Minyan" is defined as a group of ten Jewish males who have reached the age of Bar-Misva. Nobody and nothing other than Jewish males above Bar-Misva age count toward a Minyan. If nine men are present in the synagogue, they cannot count the Sefer Torah, or the Teba or the Hechal, as the tenth "person" for the Minyan. Tradition teaches that Eliyahu Ha'nabi attends every Berit Mila. One should not think, however, that because of this tradition, a group of nine men at a Berit can be considered a Minyan given that Eliyahu is present and can thus be considered the tenth man. A Minyan requires the presence of ten men, and Eliyahu attends a Berit as an angel, not a man. Therefore, he cannot be counted. Stories are told of how Eliyahu appeared in the form of a human being, and when this happens, he can be counted toward a Minyan. However, when he arrives in the form of an angel, he does not count toward a Minyan. This applies also to the Gemara's teaching that the righteous are considered "alive" even after their passing. Some people mistakenly allow on this basis reciting Kaddish at a cemetery even without the presence of ten men, figuring that the Sadikim buried in the cemetery are considered "alive" and can thus be counted toward a Minyan. They draw proof from the Gemara's description (Ketubot 103) of how Rabbi Yehuda Ha'nasi would join his family every Friday night after his passing and recite Kiddush for them. If Rabbi Yehuda Ha'nasi could recite Kiddush for his family after his passing, this might indicate that Sadikim are truly considered alive with respect to Halacha even after their death. This inference, however, is incorrect. Firstly, there is a rule that we cannot reach Halachic conclusions based on the Aggadic sections of the Talmud, such as stories told of the Talmudic sages. Additionally, the Gemara describes Rabbi Yehuda Ha'nasi arriving in his home in the form of a living person, and so he could be halachically regarded as a human being. This cannot be said of the souls of the departed which cannot be seen. Therefore, Kaddish may not be recited in a cemetery without a Minyan, even if there are Sadikim known to be buried there. If somebody recites Kaddish in a cemetery in the presence of fewer than ten men, others should not answer "Amen," since the Kaddish is being recited inappropriately.