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Section: Halacha   Category: Tshuvos
Sridei Eish: Can a Jew Who is Married to a Non-Jew Count Towards a Minyan?
 The Shulchan Aruch (OC 54:11) says anyone who has committed aveirios can be counted for a minyan provided that he wasn't excommunicated.  Adds the Pri Migadim that this applies only if the aveira was committed for sheer pleasure (L'Tei'avon) but if he committed aveiros spitefully (L'Hach'is) he cannot be counted.

In the case of a Jew marrying a gentile, although this would be considered L'Tei'avon and he was not excommunicated, nevertheless says the Sridei Eish, he cannot be counted for a minyan since he deserves to be excommunicated.  The fact that today Bais Din does not wield the necessary power does not let him off the hook.  Therefore we view him as if he were excommunicated and exclude him. (Chashukei Chemed - Shabbos 116a)

RELATED ARTICLES:cheirem  halacha  minyan  non-Jew  shul  Sridei Aish  wife

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Visitor Comments: 2

Anonymous, 2007-04-27 10:14:36
even if he is the tenth? we have a lot of trouble getting a minyan, and my shul is ready to fire me if we don't - and there is one guy who is really on his way to Torah - and his wife converted conservative, and plans to convert orthodox, but they are not 100% shomer shabbos yet, but they know torah is emes - is there any heter to count him in the minyan?
Re, 2007-04-28 16:09:25
This is very complicated question which requires a Halachic Authority since there are many opinions on the matter and there are many factors that can sway the psak either way. We have asked a few competent poskim and the general response is that other than Rav Moshe Feinstein most poskim do not allow inclusion to minyan someone who is mechalel shabbos. Another posek commented that heterim today have gone way to far in under the banner of of "Kiruv". According to another posek one factor in his favor with regard to marrying a non-jew is the fact that she converted conservative. Although technically speaking the conversion means nothing nevertheless it may show that he had no bad intention of marrying a non jew. The bottom line is that you need to speak to a competent posek. If you send us your details in an email we are happy to put you in touch with one.

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