10 Make a Minyan

(6) Rabbi Halafta of Kefar Hanania said: when ten sit together and occupy themselves with Torah, the Shechinah abides among them, as it is said: “God stands in the congregation (עדת) of God” (Psalm 82:1)...

(31) You shall faithfully observe My commandments: I am Hashem. (32) You shall not profane My sacred name, that I may be sanctified in the midst (בתוך) of the Israelite people—I am Hashem who sanctify you, (33) I who brought you out of the land of Egypt to be your God, I am Hashem.

(After the episode of Korach and his rebellion takes places and their congregation challenges Aaron's priestly veracity with both parties offering incense offerings, Hashem declares the following):

(20) And Hashem spoke to Moses and Aaron, saying, (21) “Stand back from this (מתוך) congregation (העדה) that I may annihilate them in an instant!” (22) But they fell on their faces and said, “O God, Source of the breath of all flesh! When one member sins, will You be wrathful with the whole congregation?”

(After the episode of the spies occurred and they presented their case as to why they thought the Bnei Yisroel shouldn't enter into the land of Israel, the people in turn responded how they too do not wish to enter into the land of Israel and feared how their children will be taken captive. Hashem then expressed His desire to wipe out the nation through plague and in turn make Moshe into a great nation, and Moshe requested forgiveness for the nation. Hashem responded that the current nation will perish in the wilderness, except Calev, and the next generation will conquer the land of Israel. Hashem then went onto tell Moshe to deliver the following message to the Bnei Yisroel):

(26) And Hasehm spoke further to Moses and Aaron, (27) “How much longer shall that wicked congregation (לעדה) keep muttering against Me? Very well, I have heeded the incessant muttering of the Israelites against Me. (28) Say to them: ‘As I live,’ says Hashem, ‘I will do to you just as you have urged Me. (29) In this very wilderness shall your carcasses drop. Of all of you men who were recorded in your various lists from the age of twenty years up, you who have muttered against Me, (30) not one shall enter the land in which I swore to settle you—except Caleb son of Jephunneh and Joshua son of Nun. (31) Your children who, you said, would be carried off—these will I allow to enter; they shall know the land that you have rejected. (32) But your carcasses shall drop in this wilderness, (33) while your children roam the wilderness for forty years, suffering for your faithlessness, until the last of your carcasses is down in the wilderness. (34) You shall bear your punishment for forty years, corresponding to the number of days—forty days—that you scouted the land: a year for each day. Thus you shall know what it means to thwart Me. (35) I Hashem have spoken: Thus will I do to all that wicked band that has banded together against Me: in this very wilderness they shall die and so be finished off.’” (36) As for the agents whom Moses sent to scout the land, those who came back and caused the whole community to mutter against him by spreading calumnies about the land— (37) those who spread such calumnies about the land died of plague, by the will of Hashem. (38) Of those involved in going to scout the land, only Joshua son of Nun and Caleb son of Jephunneh survived.

(First 2 pesukim of Parsha Kedoshim):

(1) Hashem spoke to Moses, saying: (2) Speak to the whole Israelite congregation (עדת) and say to them: You shall be sacred, for I, Hashem your God, am sacred.

(1) When Jacob saw that there were food rations to be had in Egypt, he said to his sons, “Why do you keep looking at one another? (2) Now I hear,” he went on, “that there are rations to be had in Egypt. Go down and procure rations for us there, that we may live and not die.” (3) So ten of Joseph’s brothers went down to get grain rations in Egypt; (4) for Jacob did not send Joseph’s brother Benjamin with his brothers, since he feared that he might meet with disaster. (5) Thus the sons of Israel were among those who came to procure rations, for the famine extended to the land of Canaan.

The discussion here is to prove that for a public invocation of the Name one needs a congregation of at least ten adult males. The relevant verses are Lev. 19:2 “Speak to the entire congregation of the children of Israel and tell them: conduct yourselves in holiness because I, The Eternal, your God, Am Holy” and Lev. 22:32 “I shall be sanctified in the midst of the children of Israel.” The same discussion is reported Megillah 4:4, Sanhedrin 1:4. The parallel discussion in the Babli, Megillah 23a, in the name of the first generation Rebbi Ḥiyya, derives that a quorum of ten creates a minyan using a series of gezerah shava links (Leviticus 22:32 -> Numbers 16:21 -> Numbers 14:27), this method and its logic might be clearer when seen in the light of the Yerushalmi's broader approach to similar connection. Understanding the Yerushalmi's more detailed or varied use of terms like "congregation" and "in the midst" can help make sense of the Bavli's derivation. The Bavli's method may seem intricate or specific, but it aligns with the broader interpretive tradition seen in the Yerushalmi.

From where is it known that “congregation” means ten people? Rebbi Abba and Rebbi Yasa in the name of Rebbi Yoḥanan: It is said here (Leviticus 19:2) “congregation” and it says there (Numbers 14:27) “congregation”. Since “congregation” mentioned there means ten, so also “congregation” mentioned here must mean ten. Rebbi Simon said, it is said here (Leviticus 22:32) “in the midst” and it is said there “in the midst” (Gen. 42:5): “The sons of Israel came to buy grain in the midst of those who came.” Since “in the midst” said there means ten, so also here it must mean ten. Rebbi Yose ben Rebbi Abun said to him, if you deduce from “in the midst”, there are too many of them (in this particular case 600,000 adult males). In the Babli, Lev. 22:32 is used to establish a formal parallel, known as gezerah shawah, between this verse and the one from Numbers. From the Babli it seems that there was a tradition linking the two verses (since in its opinion, gezerah shawah must be based on a tradition) and, therefore, R. Simon is forced to quote a verse that in itself seems to be less adequate than the one used before. But it is said here “the children of Israel” and it is said there “the children of Israel.” Since “children of Israel” said there means ten, so here it also must mean ten.

This is a Mishna in Sanhedrin (Chapter 1, Mishna 6). The interpretation itself is difficult, as in verse 35 ("to all this evil congregation") it is clear that the reference is to the entire people, because in the following verse regarding the spies it says, "And the men that Moses sent," etc., and it is hard to distinguish between "the congregation" and "all the congregation." This requires further study. Indeed, the entire subject of "congregation" in the portions of Shelach and Korach needs further study. As a first step, I will list the sources:

(13:26) congregation, congregation of the children of Israel;
(14:1, 2, 10) all the congregation;
(14:27) to the evil congregation;
(14:35) to all this evil congregation;
(16:2) leaders of the congregation;
(16:5) and to all his congregation;
(16:6) and all his congregation;
(16:9) from the congregation of Israel;
(16:11, 16) and all your congregation;
(16:19) all the congregation;
(16:21) from among the congregation;
(16:22) on all the congregation;
(16:24; 17:11) to the congregation;
(17:6) all the congregation of the children of Israel;
(17:7) the congregation;
(17:10) from among this congregation;
(14:5) all the assembly of the congregation of the children of Israel;
(14:7) all the congregation of the children of Israel.

(Parashat Korach, 5752)
And see what I wrote above (13:26).

In any case, it is somewhat disturbing that the sacred concept of "congregation" is learned from a congregation of wicked people. My sons, Shalom shlita, and my grandson, Netanel shlita, told me that perhaps the intention is to say that even ten such people constitute a quorum for matters of sanctity. If the Sages had derived this concept of ten for a quorum from the case of ten righteous people, we might have said that a quorum of regular Jews is insufficient with just ten! And Rabbi Yehuda Kil shlita told me that the participation of ten in a mitzvah can be learned from the Book of Ruth (4:2). (Parashat Shelach, 5755)

Rabbi Tal Harush shlita commented that deriving the sacred concept of "congregation" from a congregation of wicked people led Rabbeinu Yaakov (see Rabbeinu Bachya on Leviticus 22:32) to learn it differently, and these are his words: And Rabbeinu Yaakov explained that this version is not precise, for one should not bring proof from the ten spies for a matter of sanctity. But the main version is this: It is derived by a gezerah shava of the term "in the midst" (toch, toch). It is written here: "And I shall be sanctified in the midst," and it is written there: "To break the midst of those who come" (Genesis 42:5). Just as there it is ten, so too here it is ten. Now he brings proof from the ten brothers of Joseph, who were righteous, for a matter of sanctity. This is the end of his words. And see note 26 in the "Mossad Harav Kook" edition, where it is noted that the source of these words is in the Jerusalem Talmud (Berakhot Chapter 7, Halacha 3), but there the Gemara rejects this derivation.

(1) The say Kaddish, and it is not said with less than ten males, who are free and have grown two [pubic] hairs, and this is the rule for Kedushah and Barchu that are not said with less than ten.

(2) If the chazzan started kaddish or kedusha with 10 people and a few left he can finish the kaddish and kedusha that he started as long as the majority of them remain. Rem"a: Nevertheless, it is a sin to leave. And regarding that, the verse says: "...and those who forsake the Lord shall perish" (Isaiah 1:28) [Yerushalmi]. But if there are 10 people remaining it is allowed [Mordechi in the last chapter of Tractate Megillah].

(3) If [the chazzan] started with [the blessing of] Avot [in the Amidah] and a few people left, he can finish even Kedusha. Rem"a: If a few of them left after they began to pray "Yotzer Ohr", the prayer-leader should not begin to pray the audible [Amidah repetition] prayer because he already completed the prayer of Yotzer. And if they left after he began the audible [Amidah repetition] and Kedusha, they can complete the entire order of Kedusha and say the full Kaddish that comes after it because it belongs to the [Amidah] Prayer, in that behold it says "may their prayer be accepted..." [in the Kaddish]. But they may not read from the Torah (ie. when some left and you are now left with less than 10 men) because this is a different matter. And the evening [Amidah] Prayer and the Kaddish that comes after it - they do not belong to the recitation of the Sh'ma and its blessings. [Ran on the chapter "the one who reads the Megillah"; Shibolei Ha-Leket ... chapter 15]

(4) There are those who permit saying a spoken part [of the service] in which [God's] holiness [is proclaimed] (ie. Kaddish, Kedusha, etc.) with 9 men joined by a child that is older than 6 and knows to whom we pray. And their "words were not seen" (ie. not accepted) by the great halachic decisors. And the same law applies: that a slave or a woman is not joined [to the 9]. Rem"a: And even if he has a Chumash [printed Torah] in his hand, we do not join him [to the 9]. However, there are those who are lenient [regarding this] in an extenuating circumstance. [The Rosh and Mordechai and Hagahot Maimoni Chapter 9 of the Laws of Prayer]

(5) If he does not have 2 [pubic] hairs, even if he is old enough in years, his status is like a minor, until the majority of his years have gone by (ie. he becomes much older (35 and one day-M.B))... for then it is apparent that he is a saris (ie. a male with no signs of puberty). If there are signs that he is a saris before this, he is treated as an adult. Rem"a: However, we are not particular regarding hairs; rather, all who have arrived at the required number of years, we presume that he is like an adult and we say regarding this matter, that it is probable that he has brought out two hairs [Maharik Shoresh 49].

(6) If one of the 10 started to pray by himself and [was in a part of the prayers where he] could not answer with them or he was sleeping, even here (ie. in this scenario), he is included with them.

(7) When there is one is praying [the Amidah] to himself, it is correct that the others wait on saying Kaddish until he finishes so that he will also gain merit from it.

(8) A deaf person that can speak but not hear, or hear but not speak, they are like hearing/speaking people and can be included. But if he is deaf and mute, he is treated like a mentally incompetent person or a minor.

(9) In reality, he is a minor until he develops two pubic hairs after he reaches the age of 13 and one day, and the leap year lasts 13 months.

(10) If one youth was born on the 29 of the 1st Adar in a leap year and another youth was born in the 2nd Adar, on its first day, then if the 13th year is not a leap year the one who was born on the 29 of the 1st Adar needs to wait until the 29th of Adar in the 13th year, to be 13 years old. And the one the one who was born after him on the first of the 2nd Adar will be 13 years old since the first of Adar of the 13th year has arrived [already]. Rem"a: And someone who was born in Adar and is made a bar mitzvah in a leap year is not made a bar mitzvah until the second Adar. [Responsum of the Mahari Mintz #9]

(11) A transgressor who transgressed the public decrees or transgressed a transgression: if they do not excommunicate him, then he is counted in the minyan of 10.

(12) One who is excommunicated, we do not join him to anything that requires 10 [people], but he is permitted to pray in a synagogue in which he is present, unless they specified to be stringent with him regarding this.

(13) All of the 10 need to be in one place and the prayer leader with them. And one who stands inside the doorway, [in the area of the doorway that is] from the door-stop and outward... meaning [the area] that when you close the door at the place of the inner [lip] of the thickness of the door and outwards - it is like [he is] outside.

(14) One who stands behind the synagogue and in-between them is a window - even if it is several stories high [and] even if it's not 4 [tefachim] wide - and his face is seen by them from there, he joins with them for the 10. Rem"a: Roofs and upper stories (ie. attics) are not in the category of "a house" and the one who stands on them is not joined [to the 10]. [Ri ??]

(15) If a few of them are inside and a few of them are outside, and the prayer-leader is in the middle of the doorway, he joins them [together for a minyan].

(16) [Regarding] a small courtyard that breaks out completely to a large one... meaning, that the small one is opened up in the place that is joined to the large one, and that entire wall that was dividing between them fell... and in the large courtyard there remained from the rest of the wall that fell, strips [meaning a bit of wall that is straight and uniform] on this side and that side. The large one is considered separate from the smaller, but the small one is not considered separate from the greater, rather it is like a corner of it (the greater one). Therefore, if there are nine [men] in the larger and one in the smaller, they join together because the smaller is "dragged" after the larger, and it is as if it is within the big one since the majority [of the men] are in the big one. But if there were nine [men] in the small and one in the large or five [men] in this one and five in that one, they do not join.

(17) If the prayer-leader was in the small [space] and the congregation in the large space, he fulfills their obligation [through his prayer], in that he is "dragged" after them. But if the prayer-leader was in the large and the congregation in the small, he doesn't fulfill their obligation since the majority isn't dragged after the individual.

(18) If some of the ten [men] are in the synagogue and some of them are in the courtyard, they do not join with each other.

(19) A prayer-leader at the Ark (ie. the area where he leads the prayers) and 9 in the synagogue join with each other [to make a minyan], even though it (the Ark area) is 10 [tefachim/handbreadths] high and 4 [amot/cubits] wide and it has walls that are 10 [tefachim/handbreadths] high... because it is nullified with regard to the synagogue. And there is one who wrote that this is so when the walls [of the elevated Ark] do not reach the roof joists (ie. the ceiling).

(20) If there were 10 in one place and they say Kaddish or Kedushah, even one who is not with them can answer. And there are some who say that it's required that there not be any interposition of excrement or something idolatrous [in between].

(21) A city that doesn't have more than 10 [Jewish men] in it, and one of them wants to leave on the High Holydays... they may compel him to remain or to pay another to take his place. And if there are 11 and two want to leave, the two of them jointly pay one in their place and the two of them split it equally. And if one is poor and one rich, they split [the total cost]: half according to [how much] money [each one is able to pay] and half [divided] according to [the number of] individuals. And the pay of the Cantor is on those who leave just as on those who remain. Rem"a: And there is no difference between one who wants to leave a long time before Yom Tov or not; [this applies] as long as will not return on Yom Tov [Maharil Siman 427].

(22) We do not compel [anyone] to pay to complete a minyan except for on the High Holydays and when they are only short one or two [men] - unless there is an established and known custom in the city to compel to pay even with a shortfall of 3 or 4 [men]. If there is a minyan among those who dwell in the the city, we compel [them] to pay a Cantor. Rem"a: And similarly in a place where there is not always a minyan in synagogue - they may compel each other with fines so that a minyan will always come to synagogue so that the regular service will not be eliminated. [Responsum of the Rivash Siman 518] and see later at the beginning of Siman 150 [regarding] if they may compel each other to build a synagogue.

Translation from chabad.org:

"The matter is by the decree of the watch-angels and the say of the holy ones"— the sages of the Mfefosofc, may peace be on them, who taught in their Mishnah: "Ten that sit and busy themselves with Torah, the Shechinah dwells amongst them." This is the whole of man. Moreover, (man's) very descent to this world was for the purpose of this ascent, of which there is none higher. For the Indwelling of His Might (shechinat uzo) which is in the heights of the upper realms, and whose dread the heavens and the heavens of the heavens cannot contain, dwells and becomes magnified among the children of Israel. Thus it is written: "For I, the Lord, dwell among (toch) the children of Israel"— through the occupation with Torah and the commandments by ten, expressly, as our sages, of blessed memory, said: "We compare toch-toch.. ." ; of this it was said: "The Holy One in your midst;" and "There is no matter of holiness with less than ten."

Therefore, too, our sages, of blessed memory, need to derive from Scripture whence we know that even one who sits occupied with Torah.., And even so they did not find from Scripture support for that, but only for the allotment of a reward to the individual, proportionate to himself and in proportion to the many. But as to causing an indwelling (hashraah) of G‑d's Holiness, (the individual) cannot be compared to (the multitude) at all.

The difference between causing an indwelling (hashraah) and the allotment of a reward is explicit to those who discern knowledge.

For the "allotment of a reward" is when G‑d irradiates the soul that seeks Him with the light of Torah, which is truly the wrapping of His garment— [wherefore the Torah is called "light" ], as it is written: "He wraps (Himself in) light, as (with) a garment.' But because the soul is limited and finite in all its powers, the light of G‑d that radiates in it is also limited, contracted, and vests itself in (the soul). That is why the heart of those who seek the Lord is in a mode of ecstasy at the time of prayer, or the like. For their heart rejoices in Him and exults "Even with exultation and song," and their soul delights in the pleasantness of the Lord and His light as it becomes revealed from the wrapper of His garment— the Torah; "And His arrow comes forth like lightning." This is the allotment of the reward for Torah, which is always fixed in the soul that labours in (Torah).

The indwelling (hashraah), however, is an immense radiation from the light of G‑d that radiates in (the soul) without limit and end. It cannot become vested in a finite soul, but encompasses it from above, from "its head to its foot," as our sages, of blessed memory, said: "The Shechinah hovers over every gathering of ten," i.e. — over them, from above. Thus it is written: "May the pleasantness of the Lord our G‑d be upon us, and the work of our hands establish upon us." This is to say that the pleasantness of the Lord which shone forth through the work of our hands in the occupation with Torah and the commandments [for "The Torah and the Holy One, blessed is He, are entirely one" ] become established and "Dwell upon us from above"; for it is without limit and end, and does not become vested in our soul and intellect. That is why we do not apprehend with our intellect the delightfulness and sweetness of the unlimited and infinite pleasantness of the Lord, and the splendour of the Shechinah, established and dwelling upon us through the work of our hands in Torah and the commandments (performed) specifically en masse. And of this our sages, of blessed memory, said: "In this world there is no reward for the commandments." For it is impossible for the world to attain it [the reward] but by divesting the soul from the body; and even then by way of grace, as it is written: "Also unto You, O Lord, belongs the mercy, for You render to each according to his work." Thus our sages, of blessed memory, said that the Holy One, blessed is He, gives unto the righteous a capacity.., It is not so, however, with the angels, as I heard from my masters that if there were an angel standing in the presence of a gathering of ten Israelites [even if there are no words of Torah between them], an unlimited and infinite fear and awe would then befall him from the Shechinah that dwells over them that he would become totally nullified.

Therefore, evil in my eyes is the behaviour that takes place under the sun in general, and especially among my brethren and friends that draw near unto the Lord, "drawing near means prayer:" after prayer or before it there is formed a "seat of scoffers," the Merciful save us, as our sages, of blessed memory, said: "Two who sit together, and there are no words of Torah between them...." And if a "seat of scoffers" is formed by ten, over which the Shcchinah dwells, there is no greater insult and shaming of the Shechinah than that, the Merciful save us. And when our sages, of blessed memory, said of him who commits a transgression in secret that "He repulses the feet of the Shechinah," Heaven forfend, he who commits a transgression in public repulses the whole measure of the stature of the Creator, as it were, as our sages, of blessed memory, said: "It is impossible for Me and him.. ," except that "The King is held captive in the tresses..," But woe unto him who repulses the Shechinah when G‑d will raise (the Shcchinah) and say to her: "Awake, arise from the dust ..." ; and "For three things Israel is kept back in exile: because they repulse the Shechinah, and because they shame the Shechinah...", as mentioned in the sacred Zohar.

Therefore, my beloved ones, my brethren and friends: do not commit this great evil and "Give glory unto the Lord your G‑d before it grows dark," i.e.. between Mincha and Maariv, by studying every week-day in groups often the pnimiyut of Torah, i.e. the Aggada contained in the work Ayin Yaakov. For most of the secrets of the Torah are concealed in it, and it atones man's sins, as explained in the writings of R. Isaac Luria, of blessed memory. The revealed parts therein are the ways of G‑d wherein man is to walk, and (enable him) to devise counsels in his soul pertaining to matters of heaven and matters of the world, as is known to all the wise of heart. (They are) also to learn somewhat in Shulchan Aruch-Orach Chayim, the laws that are essential to every person. Of this our sages, of blessed memory, said: "Whoever repeats halachot every day ..,"— referring to the clarified and adjudged rulings that are of practical relevance, as explained in the commentary of Rashi, ad loc.

On the holy Sabbath, towards the time of Mincha, they should occupy themselves with the laws of the Sabbath. For "The law of the Sabbath is important." It is easy for man to stumble in it, Heaven forfend, even in the matter of a prohibition involving extirpation and stoning, because of a lack of knowledge, and "Error in teaching amounts to intentional sin," Heaven forfend. No need to mention (that the same applies to) the rabbinic injunctions which are ever so numerous, and especially with respect to the prohibitions of muktzah, of which there are many; and as our sages, of blessed memory, said: "The words of the Sopherim are more severe than the words of Torah." For whoever transgresses the words of the sages, even but a light injunction of theirs [as, for instance, he who eats before the evening-prayer, and the like] is guilty of death, just as one who transgresses the severe matters of the Torah. And let no individual separate himself from the congregation, even to learn something else; rather, (each one is to participate) in whatever the congregation busies itself with. There is no need to mention that one should not leave if there are not ten without him; to him I apply the verse "And those that leave the Lord shall be consumed...", as our sages, of blessed memory, said with respect to every sacred matter. For there is no holiness as the holiness of the Torah— whereas "The Torah and the Holy One, blessed is He, are entirely one." Thus, whoever separates himself from the community ... But he that will listen to me shall dwell securely, and in his and in our own days Judah shall be saved and Jerusalem shall dwell securely,— amen, may this be (His) will.