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Can There be a “Minyan” in a Cemetery With Fewer Than Ten Men?
Thursday, 18 December, 2025
Certain portions of the prayer service cannot be recited without the presence of a Minyan. These include Nakdishach, Kaddish, Barechu, Birkat Kohanim, the repetition of the Amida, the congregational reading of the Torah and the Haftara, and the Yag Middot (thirteen attributes of mercy). A "Minyan" is defined as a group of ten Jewish males who have reached the age of Bar-Misva. Nobody and nothing other than Jewish males above Bar-Misva age count toward a Minyan. If nine men are present in the synagogue, they cannot count the Sefer Torah, or the Teba or the Hechal, as the tenth "person" for the Minyan. Tradition teaches that Eliyahu Ha'nabi attends every Berit Mila. One should not think, however, that because of this tradition, a group of nine men at a Berit can be considered a Minyan given that Eliyahu is present and can thus be considered the tenth man. A Minyan requires the presence of ten men, and Eliyahu attends a Berit as an angel, not a man. Therefore, he cannot be counted. Stories are told of how Eliyahu appeared in the form of a human being, and when this happens, he can be counted toward a Minyan. However, when he arrives in the form of an angel, he does not count toward a Minyan. This applies also to the Gemara's teaching that the righteous are considered "alive" even after their passing. Some people mistakenly allow on this basis reciting Kaddish at a cemetery even without the presence of ten men, figuring that the Sadikim buried in the cemetery are considered "alive" and can thus be counted toward a Minyan. They draw proof from the Gemara's description (Ketubot 103) of how Rabbi Yehuda Ha'nasi would join his family every Friday night after his passing and recite Kiddush for them. If Rabbi Yehuda Ha'nasi could recite Kiddush for his family after his passing, this might indicate that Sadikim are truly considered alive with respect to Halacha even after their death. This inference, however, is incorrect. Firstly, there is a rule that we cannot reach Halachic conclusions based on the Aggadic sections of the Talmud, such as stories told of the Talmudic sages. Additionally, the Gemara describes Rabbi Yehuda Ha'nasi arriving in his home in the form of a living person, and so he could be halachically regarded as a human being. This cannot be said of the souls of the departed which cannot be seen. Therefore, Kaddish may not be recited in a cemetery without a Minyan, even if there are Sadikim known to be buried there. If somebody recites Kaddish in a cemetery in the presence of fewer than ten men, others should not answer "Amen," since the Kaddish is being recited inappropriately.
