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From: Russell Hendel <rhendel@saber.towson.edu>
Date: Sun, 2 Jan 2000 20:22:30 -0500 (EST)
Subject: A New Reason For Minyan; Counting Non Frum Jews

Yoel Finkelman In Volume 30 Number 60 brings up the issue of not
counting non frum jews for a minyan. I would like to give two arguments
in support [of counting them - Mod.](one halachic and one midrashic).
Before doing so I state that I am aware that there are sources that seem
to support this practice sometimes [not counting them? Mod.] and I hope
they are cited and refuted by other posters.

An entire issue of times magazine a few years ago on prayer reported
that 25% of aetheists pray. Personally I (and am sure others ) have seen
non believers go to Minyan to say kadish.  Therefore EVEN if we
shouldn't count them in a minyan, we have a right to perceive them as
'mometarily doing teshuva'---by particpating in the minyan.  Even if say
they are mechallel shabbos, we presume that they have taken upon
themselves the yoke of heaven (after all if they really didn't believe
in God why would they pray).

On a philosophical level note that the REASON we require a minyan of 10
people is because 'all matters of sanctity' require 10. This is learned
from the word link in the two verses (lev 19:1) 'tell the CONGREGATION
to be HOLY' and Num 14:27 '..this evil CONGREGATION' The logic goes that
since the CONGREGATION in Num refers to the 10 spies therefore the
CONGREGATION in Lev also refers to 10 people.

But such derivations by word links are only valid on Biblical laws for
which we have a mosaic tradition dating back to Sinai. Minyan is
rabbinic (the same way Kedushah and Brchu is rabbinic). So what is the
real reason we daven with 10. I would suggest that we daven with 10 to
REMIND ourselves that the slander of only 10 spies caused the downfall
of the Jewish people in the wilderness. In other words every time 10
people get together to pray--they form a minyan--and chazal wanted them
to remember how evil slander is.

 From this point of view, it would be important to accept all people who
wish to pray at every minyan

Russell Hendel; Phd ASA; RHendel@Towson.Edu
Moderator Rashi Is Simple; http://www.shamash.org/rashi/