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October 1, 2014 / 7 Tishri, 5775
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Q & A: Birkat HaGomel (Part VI)

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Question: I recently returned from a trip abroad and wanted to say HaGomel. When I mentioned this to the officers of my synagogue, however, they told me – as per the instructions of the synagogue’s rabbi – that I would have to wait until Shabbos to do so. I was not given any reason for this and did not wish to display my ignorance, so I quietly acquiesced. Can you please explain why I had to wait?

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(Via E-Mail)

 

Summary of our response up to this point: The requirement of having a minimum of 10 men present for synagogue services and other mitzvot that are davar shebi’kedushah (matters of sanctity) is derived through the hermeneutic principle of gezerah shavah (verbal analogy). If the same word or phrase appears in two separate verses in the Torah, and a certain halacha is explicitly stated regarding one of them, we may infer that the same halacha applies in the second case as well.

Leviticus 22:32 – which discusses sanctifying G-d’s name in public – uses the word “betoch” and Numbers 16:21 – which discusses G-d’s command to separate from Korach and his group – uses the word “mitoch.” The latter verse refers to a congregation of at least 10 people (which we know via a second gezarah shavah) and so we learn that publicly sanctifying G-d’s name requires a minyan.

This gezerah shavah comes up in a Talmudic discussion (Berachot 21b) between R. Huna and R. Yehoshua b. Levi regarding someone who enters a synagogue while the congregation is already in midst of davening Shemoneh Esreh. If he wishes to catch up with the congregation, R. Huna permits him to recite Kedushah by himself while R. Yehoshua rules that it can be said only with a quorum of 10.

The Mechaber rules that a person is required to offer hoda’ah if he survived crossing a sea, survived traveling through the wilderness, recovered from a serious illness, or was set free after being imprisoned. He specifies that the blessing of the hoda’ah must be recited before a minyan.

We mentioned that there is a specific sentence that those assembled should recite in response to HaGomel. The usual response to a blessing, “Amen,” is not sufficient in this case.

We discussed the Tur’s ruling that a person who recites HaGomel with less than a minyan present does not need to repeat the blessing. The minyan requirement is l’chatchilah, he maintains. Rabbenu Yonah disagrees and requires a person who said HaGomel without a minyan to say it again before a minyan.

Last week we discussed the opinions of several later authorities. The Chaye Adam says that HaGomel should be recited within three days of the event necessitating it, even if that means saying it without a sefer Torah. He maintains that one should say HaGomel before a minyan but the requirement that two of the 10 men be Talmudic scholars is not absolute. The Aruch Hashulchan agrees. The Kitzur, on the other hand, stresses that the minyan requirement is absolute and leaves no room for leniency in this regard.

The Mishnah Berurah rules leniently, arguing that the minyan can include the person making the berachah, just like bridegrooms are included in the minyan at their wedding. Many other authorities agree with this opinion.

* * * * *

I have personally witnessed many people who have said HaGomel with just nine other men present in accordance with the opinion of the Mishnah Berurah. Most congregations seem not to insist on following the opinion that there needs to be a minyan in addition to the person saying HaGomel. Perhaps they are not even aware of this opinion.

About the Author: Rabbi Yaakov Klass, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com.


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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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