Sunday, 12 January 2014

How Many are Required for Chazaras Hashatz?

Question: How many people need to finish davening shemone esrei before the chazan can begin chazaras hashatz or kaddish?

Answer: The Shulchan Aruch (OC 124:4) states that the chazan should wait for nine others to respond before beginning chazaras hashatz. If this requirement is not met, it is considered close to making a beracha levatala. However, elsewhere, the Shulchan Aruch (OC 55:6) appears to contradict this ruling, stating that if one of the ten cannot respond because they are still davening or have fallen asleep, they may still be included in the count.

The acharonim offer various explanations to reconcile this apparent contradiction. The Magen Avraham (55:8) concludes that nine respondents are not strictly required for chazaras hashatz (see Taz OC 55:4, Aruch Hashulchan OC 55:13). On the other hand, the Shulchan Aruch Harav (OC 55:7), Kitzur Shulchan Aruch (20:2), and Kaf Hachaim (OC 55:48; 124:20) maintain that a full minyan is indeed necessary.

R’ Ephraim Greenblatt (Rivevos Ephraim 3:145) explains that a minyan is required only for repeating chazaras hashatz. For kaddish after maariv, it is sufficient to have six men who have completed their amida, relying on others who may still be davening or even asleep.

The Noda Biyehuda (EH 1:54) was asked about a situation in which someone was mesader kiddushin without confirming the presence of a minyan for the berachos. He ruled that while lechatchila a minyan is required for all devarim shebikedusha, bedieved, one fulfils the obligation even without a full minyan. He cites the Talmud Yerushalmi (Megilla 30b) to support this position: if some individuals leave in the middle of davening, leaving fewer than ten people, the chazan may still continue.

R’ Shmuel Wosner (Shevet Halevi 4:14), however, questions this proof. He distinguishes between the requirement to have a minyan at the start of chazaras hashatz, which brings the Shechina, and the continuation of davening after the Shechina is already present, even if one or two individuals leave.

In conclusion, the chazan should wait for nine others to respond before beginning chazaras hashatz. Nevertheless, in cases of necessity, one may rely on the lenient opinions (Tzitz Eliezer 12:9; Yalkut Yosef 124:14). For kaddish after maariv, it is sufficient to have six men who have finished their amida.

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