Question: I live in a small community where it is sometimes a struggle to get a minyan together. When this occurs on Shabbos this is extremely upsetting. I am so concerned that I was wondering – may we ask some of the non-observant Jews who live in the neighborhood to join us to complete a minyan?
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Synopsis: We first cited Exodus (31:16-17) to highlight the source for our Sabbath observance. The verse explains that the Sabbath serves as a sign between G-d and the Jewish people of our uniqueness before G-d. The Gemara (Shabbos 10b) describes Sabbath as a precious present from G-d to the Jewish people. In addition, in Parashat Bereishit (Genesis 2:1-3), we see that Sabbath bears testimony to the Creation since G-d sanctified the day because He abstained from the work of Creation on that day.
We discussed the self-sacrifice that many throughout the generations have exhibited in regard to Sabbath observance. While today there are many laws to protect the Sabbath observer, this was not the case generations ago. Many Jews faced a hard choice: “Observe the Sabbath or put bread on your table.” Unfortunately, there were many who did not withstand the challenge.
It therefore became de rigueur for Jews to refer to themselves with the appellation “Shomer Shabbat.” They identify themselves as “Sabbath observers” as opposed to “Shomer Torah u’Mitzvot.” Although the observance of the Sabbath is just one aspect of Judaism, it is one that clearly identifies the Jew and is an unmistakable indicator of his or her level of commitment.
Last week we cited two great rabbonim, Rabbi Yaakov Simcha Cohen, zt”l, and Rabbi Avraham Hecht zt”l, who both exemplified compassion and caring for every Jew – observant or not yet observant.
We then sought to define “Chilul Shabbat b’farhesia” – what might be considered a public Sabbath violator. HaRav Yaakov Etlinger (Altonu, Germany) ruled that such a designation can only come about if no less than ten Jews witness the violation. The view of HaRav David Hoffman, rosh yeshiva of the Hildesheimer Yeshiva in 19th-century Germany, seemed to be similar. HaRav Shlomo Zalman Auerbach went even further and declared that one who withholds himself from violating any prohibition while before the presence of a rabbi or other important individual cannot be considered as a Sabbath violator.
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Answer: Relevant to our discussion is the following the story told about the Netziv (Rabbi Naftali Tzvi Yehuda Berlin) – the rosh yeshiva in Volozhin who lovingly supported the settling in the Land of Israel. (It is obvious that he was asking his community to add their financial support for this holy endeavor.) Once, when some leaders of the community complained that the settlers in the Holy Land were not religious or G-d-fearing, the Gaon posted the following notice in the main synagogue of Volozhin:
“Dwelling in the Land of Israel is one of the greatest mitzvot and it matters not who the people dwelling there are. When Ezra the Scribe gathered the Jews from Babylon to settle in the Holy Land, he chose people from every walk of life. Some were great scholars and G-d-fearing people, while others had intermarried with heathen women (we do note that he later persuaded them to divorce these women). Some violated the Sabbath, and many never even knew the meaning of the Torah or its mitzvot. All these people were gathered together to rebuild the Holy Land and the Beit HaMikdash. Out of them came the sons and daughters who populated the land and made Israel grow strong again.”
And then the Gaon concluded: “Therefore, it is incumbent upon us, the Jews in the Diaspora, to return to the Land of Israel and colonize it again, as did our ancestors of yore. Let us come from all the corners of the world, religious and nonreligious, poor and rich alike, and rebuild the land, as did our ancestors, Ezra and the prophets of his time. Through the merit of these endeavors, G-d will bless us all.”
A number of years ago as I was preparing my drashot for Yom Kippur, I chose to deal with the Kol Nidrei prayer and its placement at the very head of the Yom Kippur prayer service. I refer to Kol Nidrei as a prayer, but in actuality it is not a prayer but is, as its name implies, a public annulment of any vows one might have made in the course of the year. Our real question, however, relates to the statement that prefaces this “prayer” – “Al sa’at Ha’Makom ve’al da’at ha’kahal, u’be’yeshiva shel maala u’be’yeshiva shel mata, anu matirin l’hitpalel im ha’avrayanim” – With the approval of the Omnipresent and with the approval of the congregation, in the convocation of the Court above and in the convocation of the court below, we sanction praying together with the transgressors.”
To what transgressors are we referring? There are numerous answers, one of which is specifically cited by Rabbi Yosef Grossman (Otzar Erchei Hayahadut): that these were the Marranos in Spain. Since they openly transgressed by committing the sin of idolatry, they needed this yearly dispensation to allow them to join in communal prayer. However, that was for their time. What connection or need do we have for such a prayer today?
Others relate this prayer generally to all situations of individuals who were in violation of communal edicts and were thus banished from the synagogue. Through this special preface, they were allowed to join in the communal prayer. Now one might question what need was there for them to join in the service? The source cited for this practice is the Gemara (Kerisot 6b), where R. Chana b. Bizna in the name of R. Shimon Chasida states the following: “Any fast that does not include the transgressors is not a fast, for behold the unpleasant odor of the chelbona [galbanum, the one foul-smelling spice that was included with the pleasant fragrant spices in the Temple frankincense]. Yet the Torah (Exodus 30:7-8, 34-36) included it in the daily frankincense offering.”
Rabbi Elimelech of Lizhansk (the Noam Elimelech) seems to amend the Gemara’s text as he states: “Any prayer [service] that does not include sinners is not considered a prayer.” This would explain the need for the transgressors’ inclusion in the prayer service.
But in fact, as I searched the souls seated before me in my congregation on Yom Kippur, I could find no such people. Would this then invalidate our entire prayer service? Was our fasting on Yom Kippur for naught? I explained that perhaps these might be considered like the “Am she’b’sadot” – those who are working in the fields, outside the synagogue, and thus unable join in the tefillah – this based on the Gemara (Rosh Hashana 35a) where we find the following: “R’ Acha b. Avira said in the name of R’ Shimon Chasida: ‘Rabban Gamliel used to allow even the people in the fields to be discharged [of the prayer obligation by the chazzan in the synagogue].’” Similarly, those Jews who have little knowledge might be so considered and we have to include them to the extent that we discharge them from the obligation to participate in our prayer service.
The Maharsha (on Kerisot 6b) explains that the transgressors are included only so long as they do not separate themselves from the congregation. In addition, they are not to be included in the original ten required for the minimum quorum. Thus, if there are only nine congregants present, we are not to include the transgressors for the purpose of constituting a minyan. Yet today we do note, as we have mentioned in previous discussions, that we do include an individual who might be a Sabbath desecrator as long as, at the present moment when he is together with the congregation, he is not violating the Sabbath.
We must look upon an individual who is not observant as tinok she’nishba – one whose actions and inactions are due to his sorry circumstance. These are individuals who were raised by parents who lacked the minimum religious education and, for the most part, their lack of practice is no fault of their own. It is in answer to this national tragedy that numerous kiruv (outreach) yeshivot and organizations abound in both in the Diaspora and Eretz Yisrael.
Now, a number of years ago a Jew of great accomplishment, both in the secular world and as a ba’al teshuva, where he expended great influence in kiruv movement, approached my rosh yeshiva, HaGaon Rabbi Shmuel Berenbaum, zt”l, with the following dilemma: His own father was not observant and he wished for him to have his portion in Olam Haba (the World to Come). Was there any way he could assure this?
The Rosh Yeshiva offered him the following advice [and I am sure he had given such advice other times as well]: “Have him put on tefillin, as the Gemara (op cit Rosh Hashana 17a) cites the verse (Zechariah 13:9), ‘V’heiveiti et ha’shlish ba’eish’ – And I shall bring a third part through the fire [of Gehennah]. The Gemara asks, who are these who deserve such punishment? The Gemara answers: They are the Posh’ei Yisrael – the wrongdoers of Israel who sin with their bodies. Now, what is meant by Posh’ei Yisrael – those who sin with their bodies? To which the Gemara answers: They are those Karkafta d’lo meinach tefillin – those craniums that did not don tefillin.” According to the Rosh Yeshiva, if he puts on tefillin (even once in his lifetime), that will suffice to spare him that fate.
We see not only a solution to that individual’s query but also the importance of kiruv, sometimes in one’s own family. Should you include these people in a minyan, as you ask?
The answer is a very strong yes. Who knows if perhaps that is why you find yourself in that locale? Indeed, seek them out show that you really care and feel comfortable with them. Let us not look upon them as Mechal’lei Shabbat – rather as “not yet observant – but very soon to be observant.”
(To be continued)
