Halakhah su Salmi 82:76

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).

And know indeed that what kind of person one is, is determined at the table, for there his qualities are revealed and made known. And thus our rabbis z”l said, “By three things a person is known: through his purse, through his cup, and through his anger.”³⁴B. Erubin 68b. The clever wordplay of be-kiso, be-koso, be-ka’aso of the saying is lost in the translation. For being drawn to wine and other pleasures – surely these are “the drippings of the honeycomb”³⁵Psalm 19:11, that is, the flowing “honey, the drippings of the honeycomb” than which the “fear of the Lord” and “judgments of the Lord” (19:10) “are sweeter.” – is one drawn to the drug of death, and by his grasping this path he will die an everlasting death. But whoever wants to live ought to keep far from this path; “he will eat and live forever.”³⁶Gen 3:22, an allusion to the immortality that would have come from eating from the Tree of Life. In other words, unlike the way Adam and Eve chose, there is another way one can and should eat to gain eternal life. And thus our rabbis z”l said in tractate Gittin of the Talmud, “A meal for your own enjoyment – pull your hand away from it,”³⁷B.Gittin 70a. and similarly said, “‘You shall be holy,’ that is, ‘you shall be abstemious (perushim),'”³⁸Sifra on Lev. 19:2. and “Make yourself holy through what is appropriate for you.”³⁹B. Yebamot 20a: “Make yourself holy through what is permitted to you.” And the author of Ecclesiastes said, “I said to myself, ‘Come, I will treat you to merriment. Taste mirth!’ That too, I found was futile.”⁴⁰Eccl. 2:1. And after that, he said, “I ventured to tempt [limshokh] my flesh with wine.”⁴¹Ibid. 2:3. Limshokh here is from the root of the same verb R. Bahya used above to refer to being drawn to wine, i.e., “being drawn [he-hamshekh] to wine and other pleasures…is one drawn [nemshakh] to the drug of death.” Thus, R. Bahya is using Eccl. 2:3 as a sort of prooftext for his point about wine. And in tractate Sanhedrin of the Talmud:⁴²B.Sanhedrin 70a. “Thirteen woes are said about wine, and they are specified in Parshat Noah. It is written, ‘Noah, the tiller of the soil, was the first to plant a vineyard,’⁴³Gen 9:20. which means from the moment he began to plant, he made his holiness profane. That is the point of the expression va-yahel – “he began”- which includes both the connotations of “beginning” (tehilah) and “profanation” (hillul). And because of wine, one third of the world was cursed.⁴⁴That is, the descendents of Ham were condemned to serve the descendents of his brothers Shem and Japhet, because when Noah, after drinking his wine, fell asleep in a drunken stupor, Ham “saw his nakedness.” Normally this is a Biblical euphemism for having sexual relations, hence the severity of the curse. The curse was actually directed at Ham’s son Canaan, most likely to justify morally the Israelites’ subsequent subjugation of the Canaanites and their land. However, the whole account is ambiguous and full of apparent non-sequiturs, prompting a quite a fruitful growth of midrashic attempts to explain the story. One unfortunate stream of interpretation, that Ham’s curse not only involved eternal servitude but also the blackening of his skin color, was later adopted in Christian and Muslim traditions, and used to justify the enslavement of Black Africans well into the 19th century – the so-called “Curse of Ham.” And they also taught in a midrash, “Don’t eye the wine, as it reddens…,”⁴⁵Prov. 23:31. that is, it yearns for blood.⁴⁶B. Sanhedrin 70a. And likewise Bathsheba warned King Solomon not to tempt his flesh with wine,⁴⁷B. Sanhedrin 70b.when she said to him, “Wine is not for kings, O Lemuel; not for kings to drink, nor any beer for princes.”⁴⁸Prov. 31:4. The midrash above identifies “Lemuel’s mother” (Prov. 31:1) with Bathsheba, the mother of King Solomon. And so he said, “I ventured to tempt my flesh with wine,”⁴⁹Eccl. 2:3. and “for who eats, and who feels the pleasures of the senses but me?”⁵⁰Ibid., 2:25. and then remarks after that, “That too is futile.”⁵¹Ibid., 2:26. For it is well known that someone in whose heart reverence for HaShem and fear of Him is strong, will reject and separate himself from the pleasures of the world, and will scorn them to the utmost, for he knows and is familiar with their consequences, while others who are lesser or worthless will fill their bellies with what delights them, and their vessels will return empty; they’re empty because they lack sense “They neither know nor understand; they walk about in darkness.”⁵²Ps. 82:5. About this, Solomon said, “When you sit down to dine with a ruler, consider well who is before you.”⁵³Prov. 23:1. He said, “If the wrath of the ruler rises up against you”⁵⁴Eccl. 10:4. and you go out to eat “the king’s food or the wine he drank”⁵⁵Dan. 1:8. in the house of the king who rules the land, understand well and look at those who were before you who chose this way- “what they saw in that matter and what had befallen them.”⁵⁶Esth. 9:26. Doesn’t the high status and greatness of most of them end up in humiliation and submission, “wholly swept away by terrors”?⁵⁷Ps. 73:19. Just what is written right afterwards in Proverbs, “Thrust a knife in your gullet!”⁵⁸Prov. 23:2.And our rabbis z”l said, “Do not yearn for the tables of kings, for your table is greater than their table, your crown greater than their crown.”⁵⁹M. Avot 6:5. Therefore, a person should not seek excessive gains and pursue them, for if he does, his days will be painful and he will never be satisfied, because there is no end to these gains, and whoever pursues things that have no end – is he not sick, blinded by his stupidity? For “every fool is embroiled.”⁶⁰Prov. 20:3. It goes without saying that he has no share in the Torah, because if he were rich and used to eating and drinking with silver dishes, he would be liable to think little of them and become unsatisfied until he had utensils of “turquoise, sapphire, and diamond,”⁶¹Ex 28:18. and as soon as he obtained one of them, he’d want two or three, and this would go on without out end. And therefore a person with good qualities must not in his heart crave for excessive gains, and should be satisfied with a little.

From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Peah 6:5), "One or two sheaves are gleanings, three are not gleanings" - meaning to say, if three sheaves or more fall together from the hand of the harvester, the three of them [go] to the owner of the field; as the law of gleanings is only with a little, and specifically when the gleanings fell from the harvester without duress (Mishnah Peah 4:10). But if a thorn struck his hand and they fell, this is not gleanings. And [if there] is a doubt [whether they are] gleanings, they are [considered] gleanings; as it is stated (Psalms 82:3), "the poor and destitute shall you justify" - justify from what is yours and give [it] to him. And the law of produce that is found in ant holes (Mishnah Peah 4:10); the law of a sheave of gleanings that is mixed up in a pile (Mishnah Peah 4:2); and the rest of its details are elucidated in Tractate Peah. And with regards to in which place it is practiced and who is obligated about it and the punishment of one who transgresses it, it is all like the corner.

And from the laws of the commandment is that which they, may their memory be blessed, said (Shevuot 30a) that it not be that one stand and one sit, but rather both of them stand. As in that they are in front of the court, it is fitting for them to stand as if they were in front of the Divine Presence; since the spirit of God dwells among the congregation of the judges of Israel, as it is stated (Psalms 82a), "God stands in the congregation of God." And nonetheless, they, may their memory be blessed, said (Shevuot 30b) that if they wanted to seat the litigants, the option is in their hand. And about what are these words speaking? At the time of give and take. But at the time of the final judgement, there is an obligation to stand, as it is stated (Exodus 18:13), "and the people stood over Moshe." Except that all of the courts of Israel after the Talmud have become accustomed to seat them [in order to avoid] controversy. And even [regarding] the witnesses about whom it is written (Deuteronomy 19:17), "and the two men stand," they have also become accustomed today to seat them (Mishneh Torah, Laws of The Sanhedrin and the Penalties within their Jurisdiction 21:5). [This] and the rest of its details are elucidated in [various] places in Sanhedrin and Shevuot (see Tur, Choshen Mishpat 17).