QUESTION: I daven in a small minyan. We usually only have ten men davening together. Do I need to wait to start Chazaras Hashatz until everyone has finished Shmoneh Esrei?
ANSWER: There are seemingly contradictory sources for this question in Shulchan Aruch. In Orach Chaim 124:4, the Shulchan Aruch writes that during Chazaras Hashatz, the congregation must be silent and listen to the berachos and answer Amen; if there aren’t nine men listening to the berachos, it is close to being a beracha levatala (a beracha said in vain). This would imply that if part of the minyan is still davening and ten people won’t hear Chazaras Hashatz, one should wait to begin.
On the other hand, in Orach Chaim 55:26 the Shulchan Aruch writes that even if some of the minyan left during Chazaras Hashatz, fell asleep or are talking, the Shliach Tzibur may still continue. If so, it should be acceptable to recite Chazaras Hashatz while part of the minyan of ten are still davening. How do we reconcile the apparent contradiction between these two sources? The Drisha (OC 124:6) maintains that the first statement above, that if ten men don’t listen to Chazaras Hashatz it is close to being a beracha l’vatala, means that it borders on a beracha l’vatala, but is not actually a beracha l’vatala. The second source above, that allows counting people who are asleep as part of the minyan, is an allowance for times of need (she’as hadechak), but is not ideal (lechatchila). This would mean that it is not preferable to start Chazaras Hashatz if some members of the ten are still davening. Nonetheless, the Aruch Hashulchan (OC 55:12-13) writes that men who are davening are in a better position to be included in a minyan than men who are talking or sleeping, for two reasons. First, the men who are davening are engaged in the performance of a mitzvah. Secondly, they can easily pause to listen to the berachos, and therefore they are still considered part of the minyan. As long as there are six members of the minyan who completed Shmoneh Esrei, the Aruch Hashulchan allows Chazaras Hashatz to commence.
Still, when possible, it is best to wait until everyone finishes Shmoneh Esrei to give the entire minyan an opportunity to answer Amen to the berachos (see Shulchan Aruch OC 55:7).
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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.