[Avodah] Counting a Wife Beater Toward a Minyan

[Yitzchok Zirkind]

On Wed, Feb 3, 2010 at 8:22 PM, Chanoch (Ken) Bloom <kbloom at gmail.com>wrote:
>  On Wed, 2010-02-03 at 10:40 -0500, Micha Berger wrote:
>> In my series of QSA on CM, I got to 184:1....
>> Here is my translation:
...
>>     Whomever hits his friend, he is excommunicated with an excommunication
>>     of the ancients. One does not include him to a minyan of ten for
>>     any declaration of sanctity until a beis din releases him from the
>>     excommunication, when he accepts upon himself to listen to their
>>     ruling.
...

> Isn't placing someone in cherem an action the beit din takes. Which is
> to say that he isn't in cherem until the beit din declares him to be in
> cherem. Or do I have this wrong?

> If I have that point right, then this isn't an issue of having 9 people
> who are unsuspectingly davening with someone who's in cherem because he
> beats his wife in the privacy of his own home and nobody knows that he's
> sinning this way.

See O"C 55:11-12, S"A HaRav 55:14, (the loshon in C"M (brought also in
S"H HaRav Hilchos Nizkei Guf v'Nefesh Si'if 1) would implicate that the
Kadmonim acted and B"D needs to undo). But see also the Pischei Tshuvah
C"M 420 # 1.

-- 
Kol Tuv,
Yitzchok Zirkind