Halakhah su Levitico 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.

Dr. Feldman further argues that in instances in which a minyan is required but in which women share equal obligations with men, Halakhah indeed provides that they may be counted equally with men for purposes of the necessary quorum. Rabbenu Nissim, for example, rules that women, who are obligated to hear the reading of the Megillah, may be counted as part of the minyan for this purpose. Some authorities maintain that the same is true with regard to the mizvah of sanctification of the Divine Name (kiddush ha-Shem). The verse "And I will be sanctified among the children of Israel" (Lev. 22:32) is also understood as meaning that martyrdom is not commanded other than in the presence of at least ten Jews. Rabbi Yosef Engel, Gilyonei ha-Shas, Sanhedrin 74b, and Margaliyot ha-Yam, loc. cit., rule that since the obligation with regard to sanctification of the Divine Name is equally incumbent upon both men and women, women are to be counted as part of the quorum for this purpose.

That we not do anything through which the name of the Heavens is profaned among people: That we were prevented from profanation of God, may He be blessed, and that is the opposite of that sanctification of God about which we are commanded - as we will write in the commandment after this - as it is stated (Leviticus 22:32), "And you shall not profane My holy Name." The transcriber wrote in the name of Rambam (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 63) "This iniquity is divided into three parts - two are upon the collective, and one on the individual. The first collective part [is] in any case that one is asked to transgress one of the commandments during a time of persecution, and the enforcer intends for [him] to transgress - whether from the light commandments or from the weighty - or if one is asked to transgress idolatry, sexual immorality, or murder even not during a a time of persecution; he is obligated to give his life and be killed rather than transgressing. And if he transgressed and was not killed, he has already profaned God in public and has violated its stating, 'And you shall not profane My holy Name,' and his sin is very giant. However he is not lashed, as he was coerced - since the court only has the ability [to give out] lashes or death for volitional [acts], with desire, with witnesses and with a warning. The language of Sifra Kedoshim, Section 4:13 about one who gives from his seed to Molech, [that] I will place 'My face against that person' (Leviticus 20:5), is that they, may their memory be blessed, said '"That" one, and not coercion, nor inadvertent, nor mistaken.' It has already been elucidated to you that a person who worships idolatry under coercion is not liable for excision, and all the more so, death of the court. However, he has violated profanation of the Name.

The commandment of sanctification of the Name: That we were commanded to sanctify the Name, as it is stated (Leviticus 22:32), "and I will be sanctified in the midst of the Children of Israel," - meaning to say that we surrender our souls for the observance of the commandments of the religion. And they, may their memory be blessed, have already elucidated from the tradition and from the verses in which manner and for which commandment, we are commanded about this. And even though it is written in the Torah, "and live by them" (Leviticus 18:5), which implies, and not that you should die by them - they already received that this verse is not stated in every matter and for every sin. And [it is] through the tradition that we live in all [the] words of the Torah. And in explanation, they, may their memory be blessed, said (Sanhedrin 74a) that there are three commandments which one is always obligated to be killed and not transgress them. And these are: idolatry and any of its trappings - meaning, all of its matters that are prohibited on the strength of its specific negative commandments, as we will explain below with God's help; and also, sexual immorality and all of its trappings; and murder. Such that if they say to a person, "Worship idolatry or we will kill you," he should be killed and not worship. Even though his heart is pure in his faith with the fear of God, nonetheless he is commanded that he be killed and not commit this evil act, and not give room to the assailant to think that he has denied God. And the language of Sifra, Emor, Chapter 9:6, "For this reason I took you out of the Land of Egypt, so that you will publicly sanctify My name." And likewise for the other two that we mentioned - he must be killed and not transgress, as we said.