Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Answer: [Last week we saw the main sources and arguments of the sides on this matter.]
Several important poskim say that six davening in the presence of another four (= 6+4) is considered tefilla b’tzibbur, based on their understanding of the Rambam and Magen Avraham. This includes Rav Ovadia Yosef (Yechaveh Da’at V:7), Minchat Yitzchak (IX:6,7), Shevet Halevi (XI:20), Beit Baruch (19:3), and B’tzel Hachocma IV:135). Several also report this to be common practice.
The stringent camp includes (in addition to Rav M. Feinstein, see last week) Halichot Shlomo (8:5, in the name of Rav Auerbach), Teshuvot V’hanhagot (I:102, also citing the Brisker Rav), and Rav Y.C. Zonnenfeld (Salmat Chayim, OC 52). The contemporary Ishei Yisrael (12:7) and Tefilla K’hilchata (8:71) treat it as a machloket with a slight leaning toward stringency.
The primary disagreement between the two sides may be more conceptual (is it called tefilla b’tzibbur?) than practical (may one daven in that manner?). For example, the Minchat Yitzchak (IX:7), a member of the lenient camp, says that ten starting together is preferable to 6+4. On the other side, Igrot Moshe (Orach Chayim III:16) relates to 6+4 as a reasonable option in some cases. After all, tefilla b’tzibbur is not an absolute obligation and requires the investment of only moderate efforts (see Shulchan Aruch, OC 90:16). There are many questions discussed (including in this column) of preference between full tefilla b’tzibbur and other tefilla enhancers.

P'ninat Mishpat (801)
Various Rabbis
429 - Sub-Par Guest House Experience? – part II
430 - How Many People Together to Start Shemoneh Esrei? – part II
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The Rambam (see last week) seems to view 6+4 for chazarat hashatz as ideal tefilla b’tzibbur because chazarat hashatz’s importance exceeds that of a minyan for silent Shemoneh Esrei. The Chatam Sofer (Kovetz 4) holds this, whereas Igrot Moshe (OC III:9) denies such an opinion. The Rambam thus can agree that 6+4 counts only for chazarat hashatz but say this suffices. If so, for the majority, who prefer silent Shemoneh Esrei to chazarat hashatz, the Rambam is not a proof. It might also work only with a full nine people answering every beracha and only for those who answer (see Kinyan Torah Ba’halacha IV:5). It also would not help at Maariv.
So, there is relative value in being stringent, but at what price?
Philosophically, approaching prayer united with the community is crucial (see Ein Ayah, Berachot 1:48,89). While it is hard to prove that ten starting Shemoneh Esrei together are a condition for unity, the Talmudic sources stress maximizing these elements. Therefore we urge the following. A minyan that has time for a complete tefilla experience (e.g., a yeshiva), should wait as long as necessary for ten to start together. Waiting can also remind individuals to come early enough and/or learn the halachot of skipping. A minyan that needs to stick to schedule (e.g., people must be on time to work) and/or is harder to educate may rely on the lenient opinions rather than tack on minutes. (One should try to internalize his responsibility for a minyan’s existence/proper functioning (see Rama, OC 55:22).)

P'ninat Mishpat: Damage from Renovations
based on ruling 82093 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Elul 5785

P'ninat Mishpat: Rent of an Apartment Without a Protected Room
based on ruling 84036 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Iyar 5784

P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tishrei 5786

P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tishrei 5786

Rabbi Daniel Mann

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