Halacha

Can Someone Who is Sleeping Be Counted Toward a Minyan?


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If a Minyan consists of precisely ten men, and one of them falls asleep, is the group still considered to comprise a Minyan, allowing them to recite Kaddish, Nakdishah, the Hazan's repetition of the Amida, and so on? The Shulhan Aruch writes that the sleeping individual may be counted as part of the Minyan. In the Bet Yosef, he explains that this is based on a ruling of the Maharam Me'Rutenberg (Germany, d. 1293). The Tureh Zahab (Rav David Segal, Poland, d. 1667), however, disagreed. He maintained that since sleep constitutes a kind of partial death, a sleeping individual is not fully "alive," and thus he cannot be counted toward a Minyan. This view was taken also by the Peri Hadash (Rav Hizkiya Da Silva, d. 1695), and, later, by the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909). The Mishna Berura writes that in light of the different opinions, it is best to try waking the fellow. If this is not possible, the Mishna Berura rules, then he may be counted for the recitation of Kaddish, but not for the repetition of the Amida. Hacham Ovadia Yosef, however, refutes the argument advanced by the Taz, and thus rules that a person who is asleep can be counted even for the repetition of the Amida. While it is certainly preferable to try waking the fellow up, he may be counted for the Minyan. The Hida (Rav Haim Yosef David Azulai, 1724-1806) cites the Bet David as asserting that this entire discussion relates specifically to the case of one person who is asleep. If, however, more than one person is sleeping, then they cannot all be counted toward the Minyan. The Mishna Berura follows this position, as well. In an earlier installment, we discussed the situation of a Minyan of ten people, some of whom are still praying the Amida. Rav Yisrael Bitan concluded that at Arbit, if at least six men (including the Hazzan) have completed the Amida, then the Hazzan may proceed to Kaddish. During the other prayers, however, when the Hazzan repeats the Amida, he should not begin the repetition unless nine men (including him) have finished the Amida, except in situations of great need, such as if someone in the Minyan has some urgent matter to attend to and cannot wait. Applying this conclusion to our discussion, it emerges that Kaddish may be recited even if several men are sleeping, as long as at least six (including the Hazzan) are awake. The repetition of the Amida, however, should not be recited if more than one person is asleep, except in situations of great need. Summary: If a Minyan consists of precisely ten men, and one of them falls asleep, he should preferably be woken up, but if not, he may nevertheless be counted as part of the Minyan. If several men fall asleep, then Kaddish may be recited as long as at least six men (including the Hazzan) are awake, but the repetition of the Amida should not be recited if fewer than nine men are awake, except in situations of great need.
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HalachaBy Mansour, Rabbi Eli

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