Halakhah zu Wajikra 22:32

The Sages ordained that men pray with a minyan (a quorum of ten adult men) in a synagogue. The Sages teach that the divine Presence dwells wherever ten Jews engage in sacred matters (devarim she-bikdusha), as Scripture states: “Elokim nitzav ba-adat Kel” (“God stands in a godly congregation”; Tehilim 82:1), and ten Jews constitute an “edah” (congregation). Although even when one Jew prays or studies Torah the Shekhina is present, there are nevertheless different gradations, the highest level of which is when ten Jews are engaged in a davar she-bikdusha, for then holiness is revealed in the world (see Berakhot 6a). Based on this, the Sages ordained that all devarim she-bikdusha, that is, enactments that express God’s sanctity publicly, shall be recited in a minyan of ten men. Devarim she-bikdusha encompasses Ḥazarat Ha-shatz, Birkat Kohanim, Barkhu, Kaddish, and Torah reading (Megilla 23b).¹Megilla 23b and Sofrim 10:7 mention the things that must be recited with a minyan. The Sages (Megilla op. cit. and Berakhot 21b) derive from the verse “I shall be sanctified among the Israelites” (Vayikra 22:32) that a davar she-bikidusha shall not be recited among less than ten. Ran (ad loc.) and other Rishonim and Aḥaronim explain that this is a rabbinic law, since the very recitation of these words is of rabbinic origin. Nevertheless, the basic idea of minyan comes from Torah law that governs the sanctification of God’s name (Kiddush Hashem). That is, one is obligated to surrender his life rather than desecrating God’s name by performing a transgression under coercion in the presence of ten Jews (Sanhedrin 74b). It seems that for this purpose, women count toward the ten (though Devar Shmuel (Aboab) §63 and Pitḥei Teshuva YD 157:7 raise doubts about this).

6) The speaker and the receiver [of lashon hara] also transgress (Vayikra 22:32): "And you shall not profane My holy name," in that there is no lust or physical pleasure to cause his yetzer to intensify itself over him, so that this sin is regarded as rebellion and blatant divesting oneself of the yoke of Heaven; and he profanes the name of Heaven thereby. This, even in the instance of a plain Jew; how much more so in the instance of a man of eminence, whom they all look up to for guidance [speaking lashon hara], where the name of Heaven is certainly profaned! And how much more so, if this sin were committed in public, would it be extremely grave, the transgressor being called "a desecrator of the name of G–d in public."

The reason for this categorization is quite simple. A Jew is obligated to suffer martyrdom rather than renounce his faith-commitment. He is therefore obliged to allow himself to be killed rather than permit himself to be coerced into committing a transgression in public when such an act is construed as a renunciation of Jewish teaching and practice. This obligation is mandated by the commandment concerning kiddush ha-Shem, sanctification of the Divine Name. It is, of course, necessary to establish the precise definition of a "public" act for purposes of this obligation. The commandment is couched in the words, "And I shall be sanctified among the children of Israel" (Leviticus 22:32). On the basis of talmudic exegesis, the Gemara, Sanhedrin 74b and Berakhot 21a, establishes that a Jew is obligated to sacrifice his life rather than profane the Name of God in this manner only if it is demanded that the act of profaning the Name of God be performed publicly in the presence of the "congregation." The term "edah" or congregation is defined as denoting a group of ten Jews. An act is, therefore, considered to be performed in public if it is witnessed by ten people. Nevertheless, Shakh, Yoreh De'ah 154:5, rules that for purposes of the mizvah of sanctification of the Divine Name, an act is considered to be a public one not only if it is witnessed by ten persons, but even if the act is merely known to ten people. A transgression of which ten people have knowledge constitutes a "public" act of profanation of the Divine Name.