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R Dmitry Kreslavskiy <br>
<blockquote cite="mid:20100203154026.GC20845@aishdas.org" type="cite">
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So how does this work? If a person is a home abuser, G-d forbid, and
hits his wife, that means he cannot be counted towards a minyan? So
what happens if he davens with another group of 9 unsuspecting
people? Is such davening not considered davening with a minyan?
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<b>The Shulchan Aruch</b> says:
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b>Shulchan
Aruch</b><b><font face="Arial Narrow" size="2"><span
class="MsoFootnoteReference"><sup><span style=""><!--[if !supportFootnotes]--></span></sup></span></font></b><b><span
style="font-weight: bold;">(C.M. 420:1-2): </span></b><span style="">It
is prohibited for one Jew to hit
another. If he does hit someone he has transgressed (Devarim 25:3):
which
prohibits punishing a person with more blows than he was sentenced to
receive.
Since the Torah prohibits hitting a wicked person more than his
wickedness
deserves, it is even more obvious that it prohibits hitting a righteous
person.
Anyone who even raises one’s hand to strike another – even though he
doesn’t
hit him – is called a wicked person. <b><span
style="font-weight: bold;">Rema: </span></b>Also
see 421:13. Furthermore concerning a man hitting his wife see E. H.
154. There
are some who say there is an ancient cherem (ostracization) if a man
hits
another and this cherem has to be removed in order for the person to be
counted
as part of a minyan. As soon as he has accepted to follow the law he is
removed
from this cherem – even though he hasn’t yet placated the person he
hit. If a
person hit another with a blow that caused damage less the value of a
peruta he
receives the punishment of lashes – since there is no obligation to pay
for
such damage. Even if a person gratuitously hit a non‑Jewish slave – he
receives
the punishment of lashes since this slave is obligated to keep mitzvos.<br>
</span></p>
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style="text-align: justify; direction: ltr; unicode-bidi: embed;"><br>
<!--[if !supportFootnotes]--><!--[endif]--><b>Rashba(#244
- Attributed to Ramban):</b> Question:<font face="Times New Roman"
size="3"><span style="font-size: 12pt; font-family: "Times New Roman";">
</span></font>It is practise in these lands is that someone who
is seen acting improperly and he doesn’t listen to rebuke he is placed
in nidoi
(banned) and is not counted for a zimun for birchas hamazone and he is
not
counted as part of a minyan and his dead are not buried – even if it is
a child
or someone born after the ban was pronounced and his son is not
circumcised. Do
these prohibitions of burying the dead and circumcision constitute
taking an
oath to nullify a mitzva or not? Answer: All
those who include things that are permitted with things that are
prohibited
such as this case the oath applies on the mitzva as reshus (Shavuos
22)…
Furthermore these are decrees for the welfare of society (migder milsa)
for
which beis din has the right to uproot even Torah laws in order to make
a
protective decree. As R’ Elazar ben Yaakov said, “I heard that beis din
can
beat and punish not in accord with the Torah. This is not done to
abolish the
Torah but rather to protect the Torah. There was a case of a man who
rode a
horse on Shabbos… And another case of a man who had intercourse with
his wife
under a fig tree…The gemora concludes that these are all permittted for
the
sake of the welfare of society (miger milsa) [Yevamos 90b].<font
face="Times New Roman" size="3"><span
style="font-size: 12pt; font-family: "Times New Roman";"><br>
</span></font></p>
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b>So
your question is actually "What exactly was the condition of the
cherem?" since it was a decree for the benefit of the community. If it
were to prevent a rasha from joining a minyan - but not to punish those
who needed a minayn - then he would be counted in the minyan bedeved.
However if the community felt that no one would take the cherem
seriously unless it was absolute - then they could decree that he
doesn't exist even bedeved. That would make the cherem much more
serious and people would take care to never utilize such a person.</b><br>
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