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 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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Synopsis: The requirement of having a minimum of 10 men present for synagogue services and other mitzvot that are davar she’b’kedusha (matters of sanctity) is derived through the hermeneutic principle of gezerah shava (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 shava) and so we learn that publicly sanctifying G-d’s name requires a minyan.
This gezerah shava 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 Esrei. If he wishes to catch up with the congregation, R. Huna permits him to recite Kedusha by himself while R. Yehoshua rules that it can be said only with a quorum of 10.
The Mechaber discusses who is required to offer hoda’ah (thanksgiving): one who survived crossing the sea, one who survived traveling the wilderness, one who recovered from a serious illness, and one who was set free after being imprisoned. The Mechaber specifies that the blessing of the hoda’ah must be recited before a quorum of ten. The general custom is to recite the blessing after the reading of the Torah, because a quorum is already assembled at that time.
Usually, the response to hearing a blessing is “Amen.” However, upon hearing a blessing of thanks, such as HaGomel, there is a requirement for all present to recite their own blessing of thanks and not rely on a messenger’s thanks. One must be proactive in expressing his own thanksgiving as well. Thus, there is a specific blessing that those assembled are to recite in response to HaGomel.
We noted the parallel to the “Modim” prayer in the Amidah. There, the congregants recite their own prayer of thankfulness along with the one recited by the chazan. Our sages ordained Modim to address our daily need to thank Hashem for all that He provides us, and similarly, HaGomel responds to the special need of one who has been delivered from life-threatening danger.
Last week, we discussed the Tur’s ruling that a person who recites the blessing with less than a quorum present does not need to repeat the blessing. He interprets the requirement of the quorum as l’chatchila – an ab initio requirement – but b’diavad (post facto), his requirement is discharged. Rabbeinu Yonah disagrees and requires the person to repeat the blessing, explaining that the quorum is absolutely an indispensable requirement.
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Answer: The later authorities’ works are the contemporary halachic guideposts of the masses. Let us see what some of them have to say about this matter.
The Chayyei Adam (Rabbi Avraham Danzig, Rav in Vilna, circa.1748-1820, Topic 65:6) says: “The four who are required to bless Birkat HaGomel… should take care to bless specifically before ten [men], aside from the one who is blessing. Ab initio he should seek out that two of them are Talmudic scholars. If he blessed with less than ten, he should bless again before ten, albeit without the mention of Shem u’Malchut – the Holy Name and Kingship.” Thus we see the Chayyei Adam follows the view that the quorum would include the two rabbis, but would not include the one who is blessing. (Clearly, in his view, “with less than ten” means that the person blessing was one of the ten present. In such an instance, he is to bless again before ten men.)
He continues, “It is also proper not to wait more than three days to recite this blessing. Rather, one should bless as soon as possible [before a sefer Torah]. And if he found ten [men] on the third day, he should bless even without a sefer Torah….”
Next, let us look at the Kitzur Shulchan Aruch (Rabbi Shlomo Ganzfried, Rav in Ungvar, circa 1804-86, Siman 61:2): “One must recite this blessing before ten, aside from himself, and two of their number being scholars who are engaged in halachot, because it says (Psalms 107:32) ‘viy’romemu’hu b’k’hal am u’v’moshav zekeinim ye-haleluhu’ – Let them exalt Him in the assembly of people, and praise Him in the session of the elders. If scholars are not found [in that group], it is not a matter that serves to hinder. The custom is to bless when one receives an aliyah at the Torah [reading], after he has recited the final blessing. Preferably the requirement to do so should not be delayed more than three days. Therefore, if his salvation occurred on a Monday [but after that day’s Torah reading], he should recite immediately, even without a Sefer Torah, and not wait for Thursday[’s reading].” From the author’s words, it is very clear that the requirement of ten men is absolute.
Now let us see what Aruch HaShulchan (Rabbi Yechiel Michel Epstein, Rav in Navhardok, circa 1829-1908, Orach Chayyim 219:sk6) has to say in this regard: “Since it states ‘viy’romemu’hu b’k’hal am u’v’moshav zekeinim ye-haleluhu’ – Let them exalt Him in the assembly of people, and praise Him in the session of the elders – therefore our Sages said that one has to bless [HaGomel] before ten [men], for they [such a gathering] are referred to as an assembly [i.e., congregation] and two of them [must be] rabbis. They are referred to as zekeinim – elders [in the plural], in the scriptural vernacular, and elders connotes a minimum of two.”
Seemingly, the Aruch HaShulchan differentiates between the Talmudic term rabbanan – rabbis – and the Scriptural term zekeinim – elders – the term from which we derive the need for two rabbis. Interestingly, on the following verse (Exodus 24:14): “V’el ha’zekenim amar shevu lanu ba’zeh ad asher nashuv aleichem, v’hineh Aharon v’Chur imachem mi ba’al devarim yigash aleihem” – And to the elders he said, ‘Wait here for us until we return to you; behold, Aaron and Hur are with you, [so] he who has a dispute should approach them,’” Ibn Ezra (in his commentary ad loc) notes that Aaron and Hur were to judge (as the elders) in place of Moses. In effect, in his absence they were to jointly serve as the final authority, a position otherwise held by Moses alone. Thus, we may extrapolate from there that zekeinim – elders who judge – must minimally number two. Consequently, any activity that requires elders is referring to at least two.
The Aruch HaShulchan continues: “Rambam (Chapter 10) writes that one is to recite [the blessing] while standing. It seems to me that his reason is because he is blessing before ten, and any assembly of ten is endowed with the Shechina – the Divine Presence – [before whom] it is not proper behavior to sit. It seems that for this reason, it became customary to recite this blessing after one is called to the Torah [and has concluded his portion and final blessing], because some scholars will surely be found among the [assembled] ten, and thus he is [already] standing. But all of this is not a hindrance, for even where two rabbis are not present, he has nevertheless fulfilled his obligation. The Tur writes that even where there is no presence of a quorum, he may fulfill his obligation, yet others say he has not discharged his obligation and should bless again before ten, albeit without the mention of Shem u’Malchut. It is proper not to wait more than three days to recite this blessing, since [in essence] he can bless [even without the presence of ten].”
Here, too, we see that the Aruch HaShulchan seems to follow the same ruling as Chayyei Adam – that blessing before a quorum is the proper manner of fulfilling the required blessing, but the requirement of rabbis is not an absolute requirement. The Kitzur, on the other hand, seems to leave no option for leniency at all.
Mishna Berurah (Rabbi Yisrael Meir Kagan, the Chafetz Chaim, circa 1838-1933, Orach Chayyim 219: sk 6), commenting on the Mechaber’s (O.C. 219:3) requirement of blessing before a quorum, rules simply that this is meant to include the one reciting the blessing. In his Sha’ar Hatziyyun commentary on the same page, he explains his view: “Just as chassanim – bridegrooms – (Ketubot 7b-8a) are included in the minyan, the minimal requirement [is] of ten to receive their blessing – and according to one sage this is also derived from the same verse, ‘viy’romemu’hu b’k’hal am…’ – Let them exalt Him in the assembly of people – so should one who is required to bless HaGomel [be included in the quorum].”
We see the most lenient view in this regard is from the Mishna Berurah. Yet here, too, we find both Kaf HaChayyim (Rabbi Yaakov Chayyim Sofer, Rav in Bhagdad, circa 1870-1939, O.C. 219:sk19-23) and the ever popular work of the current Rishon Letzion, (Sephardic Chief Rabbi of Israel) yibadel l’chayyim, Rabbi Yitzchak Yosef, in his Yalkut Yosef (O.C. 219:sk9-10) allowing the same leniency. And if I was at all unsure with how I understood the Mishna Berurah, when I later checked Shoneh Halachot (by Rabbi Chaim Kaniefsky and Rabbi Elazar Tzadok Turtzin), a compendium of the halachot and psakim (rulings) of the Mishna Berurah, I found that it is exactly as I understood – that the one who has to bless HaGomel is indeed included in the quorum.
To be continued.
