Q&A from the Bais HaVaad Halacha Hotline

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November 3, 2022

Q My Mincha and Ma’ariv minyanim typically have exactly ten participants. Sometimes one man leaves early. May we say chazaras hashatz or kaddish with nine?

A While most parts of davening may be recited by a yachid, passages classified as davar shebikdushah (e.g., kaddish, kedushah, barchu, and chazaras hashatz) require a minyan (Brachos 21b). This is alluded to in the pasuk (Vayikra 22:31) “venikdashti besoch Bnei Yisrael,” (and I will be sanctified among Bnei Yisrael).

The Shulchan Aruch (O.C. 55:2) says that if the recitation began with a minyan, it may continue even if the minyan dispersed, provided at least six remain. But this allowance only applies to the stage of davening that had a minyan at its start; a davar shebikdushah in the next stage may not be said. For example, if the silent Shmoneh Esrei began with ten and one left, the chazzan cannot begin chazaras hashatz, which is another stage (Biur Halacha ibid.). If he left during chazaras hashatz, it may be completed—including kedushah (ibid. 3), and even the kaddish shaleim afterward, which is the closing of chazaras hashatz (Rama ibid.).

Similarly, if Ma’ariv began with a minyan and a man left, the chatzi kaddish before Shmoneh Esrei may be recited—because it is the closing of birchos krias Shma—but not the kaddish that follows Shmoneh Esrei.

If Shmoneh Esrei of Ma’ariv began with a minyan, the kaddish afterward may be said, because it is the closing of the Shmoneh Esrei of Ma’ariv (Mishnah Brurah ibid. 22).

At Mincha, if ten were present when Ashrei began but only nine remained when it concluded, the Pri Megadim is unsure whether the chazzan may say the chatzi kaddish. But the Mishnah Brurah (ibid. 7) cites other poskim who rule that it may not be said.

The Shechinah is only present when a minyan convenes. It is an aveirah to drive the Shechinah away by leaving only nine men (Rama ibid. 2), so one should do so only if forced by circumstances.