[Avodah] May a non-observant Jew be counted towards a minyan?

Professor L. Levine llevine at stevens.edu
Thu Aug 23 05:51:37 PDT 2018


>From today's OU Kosher Halacha Yomis


Q. May a non-observant Jew be counted towards a minyan?



A. Shulchan Aruch (OC 55:11) rules that a Jew who is not observant may be counted towards a minyan. However, the Pri Migadim (OC 55:4) writes that this ruling of Shulchan Aruch is only true for one who believes in the validity of the Torah, though he fails to be observant in practice. However, one who denies the legitimacy of Torah and mitzvos may not be counted towards a minyan. The Mishnah Berurah (55:46) rules this way as well. Nevertheless, Rav Moshe Feinstein, zt”l (Igros Moshe OC 1:23) writes that if no one else is available one may include a non-believer as well in a minyan and recite Kaddish, Kedusha and Barchu. Rav Moshe reasons that the basis for a minyan is derived from the ten spies. The ten spies rebelled against G-d, and yet they constituted a minyan. If so, we see that all Jews may be included in a minyan, especially a Jew that was never taught to be observant (tinok she'nishbah).


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