- Q. Dear Rabbi, most warm greetings. As in reality for us during this time of the year we have often truly issues with having a minyan, in our remote location. I would ask you to kindly answer the next questions, as they are a life saver for our minyan.
Can we include one that is not Bar Mitzva yet when holding a Chumash?
A. Shulchan Aruch (0.H. 55: 4) writes that there are opinions that permit reciting words of holiness that usually require a minyan even when one is missing, by replacing him with a minor older than six years, if he already understands the purpose of tefilah.
Yet the Shulchan Aruch rules that the Great Poskim do not accept those opinions. Remah (ibid.) writes that even when the youngster holds a Chumash he should not be included. The he adds that however there are those who maintain that one could be lenient in times of need.
Magen Avraham (55: 5) maintains that the Levush did not know of such a custom. However, the Magen Avraham observes that in his time and place the practice was indeed to include a child holding a chumash. He limits this leniency to obligatory prayers only, thus excluding, for example, the recitation of Kaddish after Aleinu.
Despite it being a minority opinion, it is this position of the Magen Avraham that is relied upon by those who include a child in need in a minyan.
Horav Shlomo Miller’s Shlit”a opinion is in principle to avoid this procedure.
(see next question).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit’a.