Shulchan Aruch: Chapter 199 - Who May Be Included In A Zimun And Who May Not Be Included

SECTION 199 Who May Be Included In A Zimun And Who May Not Be Included. (1–11)

1 An attendant who ate an olive-sized portion [of food] may be included in a zimun1even if he did not sit down at the table with [the others],2 but instead, stood and served them, eating while standing. [Despite the fact that] he also came and went in the middle of eating and did not join them in a fixed sitting at all, he may be included in a zimun with them. Since this is the manner in which he eats, this is the manner in which he — in contrast to others, as stated in sec. 193[:2] — is included in the setting of a meal.

2 In the present age, a Samaritan3 may not be included in a zimun, even if he is a chaveir.4 For our Sages already issued a definitive ruling concerning them, deeming them as utter gentiles with regard to all matters. (A Sadducee,5 by contrast, may be included in a zimun if he is a chaveir.)

3 An unlearned person6 may not be included in a zimun. In this context, the term “unlearned” includes even one who studied the Written Law and the Oral Law, but did not train under Torah scholars7 to raise questions and resolve difficulties, and, through that process, understand the motivating principles for the rulings of Torah Law.8

[This represented the practice in the Talmudicera.] In the present era, even an utterly unlearned person is included in a zimun, lest every person build a platform for himself.9 For if the learned separate from [the unlearned, the unlearned] will separate themselves from the community entirely.

Nevertheless, a person who does not recite the Shema in the morning and the evening should not be included in a zimun.10Since [even] most of the unlearned people read [the Shema], there is no need for concern thatsomewill “build a platform for themselves” if they separate themselves from those few who do not read [the Shema].11 Needless to say, this applies with regard to a wicked person who commits transgressions in public. His status is no better than that of an unlearned person in the Talmudicera. (His status is not comparable to that of the Samaritans before the Sages decreed that they [be considered as gentiles].12 For they were meticulous in the performance of those mitzvos that they did observe and [moreover,] they did not rebel against or spurn those [mitzvos] that they did not observe. They merely followed the practice of their ancestors.)

4 A non-Jew may not be included in a zimun even if he has the intent to bless our G‑d. Even [a person in the process of] conversion who was circumcised, but did not yet immerse himself,13 may not be included in a zimun, because his conversion does not take effect until he has been circumcised and has immersed himself in a proper manner.

A full-fledged convert may recite Grace and may even lead a zimun, fulfilling the obligation of others. He may rightly say “[the land that] You gave as an inheritance to our fathers,”14 because the land was given to Avraham as an inheritance, and Avraham was called “the father of a multitude of nations.”15

5 During the week,16 an onein,17 who is exempt from reciting Grace, may not be included in a zimun.18Even the authorities19 who maintain that if he desires to be stringent with himself and respond [Amen] and recite Grace, he may do so, [accept this ruling. The rationale:] Since he is exempt [from reciting Grace], he may not be included in a zimun.

6 When women eat together with three men who are obligated to recite a zimun,20 they are obligated [to respond] to the zimun with them. If there are three women and they desire to separate and make a zimun of their own, they may21 (provided there are less than ten men and thus they will not be mentioning G‑d’s name in the zimun.22 Whether it is necessary for [the women] to understand the [recitation of Grace in the] Holy Tongue is discussed in sec. 193[:1].)23

When, by contrast, women eat among themselves, they are exempt from the obligation of zimun. If, however, they wish to recite a zimun, they may.24 This ruling also applies to bondmen. [Nevertheless,] a company of bondmen25 and women should not recite a zimun together because of the licentiousness of the bondmen. Instead, the women should recite a zimun among themselves and the bondmen among themselves. They may not, however,mention G‑d’s name in their zimun.26

7 Similarly, if there are nine free men and one woman or one bondman who ate together, even though they are obligated [to respond]27 to the zimun, the woman or the bondman is not included to reach the number of ten that enables G‑d’s name to be mentioned in the zimun. For every davar shebikedushah (“holy declaration”) may only be recited in a quorum of ten free men, as stated in sec. 55[:2, 5].28 Needless to say, they are not included to complete a zimun of three, since they are not obligated in the zimun at all unless they ate together with men in a situation where [the men] are obligated to recite a zimun on their own [and the women’s obligation is merely to respond].

Even if [the men] desired to include [the women to reach the total of three necessary for zimun], they are not permitted, because it appears as licentious conduct when it becomes apparent that men and women are joined together in a zimun. [This is true] when the leader [of Grace] says “let us bless” [to a small group], thereby [necessitating the] inclusion of “all of us” [i.e. all those present, both men and women, in the zimun].29 Even joining together a woman, her husband, and her son as a group is not befitting. Similarly, when it is evident that bondmen are being included in the zimun,30it reflects licentiousness, for bondmen are sunk in promiscuity and are very licentious. Thus free men should not join together with bondmen to include them in a manner that makes it apparent and evident that they are being included in the zimun.

A zimun recited without [counting] the women or the bondmen, by contrast, [is governed by different laws]. Although the women and the bondmen join to fulfill their obligation [to recite Grace] by listening to the leader and will respond to the blessing of the zimun after his [initial declaration, that does not raise concerns] of licentious conduct, because their inclusion is not at all evident in the leader’s blessing.

An exception would be a situation where women and bondmen recite a zimun together [without other men present]. In such an instance, there is reason to be concerned about licentious conduct between the bondmen and the women, even if their being joined together is not apparent [in the wording of the leader’s invitation]. Similarly, bondmen and young boys should not recite a zimun together, because of concern about the bondmen’s licentious conduct, [lest they] sodomize the boys.

8 An androgynus31 may not lead a zimun, neither for men nor for women: not for men, for perhaps such a person is considered as a female and hence, cannot fulfill the obligation on their behalf if they ate to the point of satiation, as stated in sec. 189,32 nor [may he lead a zimun] for women, for perhaps he is a male and this would raise concern with regard to licentious conduct. He may, however, lead a zimun for others of his type. For if the androgynus is considered as a female, [then] they are all female, and so too, the converse.

A tumtum,33 by contrast, may not lead a zimun, even for others of his type, for perhaps when an operation is performed,34 it will be discovered that the tumtum is in fact, female, while it is possible that when an operation is performed on the others [of his type], it will be discovered that they are in fact male. Thus the tumtum may not fulfill their obligation.

9 There are authorities who maintain35 that a minor who knows to Whom the blessing is directed may be included in a zimun, provided he has reached an age of advanced childhood, i.e., either nine or ten years of age, each one according to his own perspicacity.36 At the very least, he must be more than six. [He may only be included at that young age] if he is bright and knows on his own accord, without being taught, to Whom the blessings are directed. When a child is less than six, even if he is bright and understands [the above] on his own accord, it is of no consequence, for he is not reached an age of advanced childhood and he is considered as lacking intellectual acuity.37

After a child has reached the age of advanced childhood, he may be included [in a zimun], even in a zimun of ten where G‑d’s name is mentioned. Even the authorities who maintain38 that he may not be counted in a quorum for Kaddish, Barchu, or Kedushah [agree that] leniency may be shown with regard to Grace, since everyone has the option of exempting himself from the obligation of the zimun (by reciting Grace individually). In contrast, with regard to Kaddish, Barchu, and Kedushah, there is no way one can exempt himself from this obligation. [Therefore,] it is necessary that they be all of the age [obligated in] the mitzvos.39 [The above leniency is granted only for one minor]; two may not be counted for a zimun.

Other authorities [differ and] maintain that a minor cannot be included, neither in a zimun of three, nor of ten, until he becomes thirteen years old. At that time, even though he is a katan poreiach, i.e., two [pubic] hairs have sprouted [on his flesh], but they have not grown to the required measure, i.e., they must be long enough to bend their tips to their roots,40 [our Sages] ruled leniently [and allowed such a minor] to be included in a zimun, whether of three or of ten, even though with regard to all the mitzvos, he is still a minor.41 [This leniency is granted], provided he knows to Whom the blessing is directed. If, however, his signs [of physical maturity] have reached the required measure, we do not investigate whether he knows to Whom the blessing is directed. Instead, he is included in a zimun regardless, since he has reached the [age when he is obligated to perform] mitzvos.

Other authorities rule more stringently and maintain that even when one is thirteen years old and knows to Whom the blessing is directed, if it is known that he did not manifest [signs of physical maturity, i.e.,] two pubic hairs of the required length, he should not be included in a zimun of three or of ten. Nevertheless, when his circumstances are unknown, he is included in a zimun. For a zimun is an ordinance of Rabbinic origin, and [with regard to questions of Rabbinic Law,] we rely on the prevailing assumption, since the likelihood is that he manifested two pubic hairs of the required length by the end of his thirteenth year, for this is the ordinary pattern for most males.42 The practice in these countries is not to recite a zimun including a minor who is less than thirteen years old. One should not deviate from it.

All the above applies with regard to [including such a youth in] a zimun. With regard to such a youth fulfilling the obligation on behalf of others through reciting Grace,43 all authorities agree that he may not fulfill the obligations of others44 unless he is thirteen years old and it is known that he was examined and proven to have manifested two pubic hairs of the required length or his beard grew in fully. For Grace is a Scriptural commandment and we do not rely on prevailing assumptions with regard to Scriptural commandments.

10 Although a person may be considered as emotionally and/or intellectually challenged (a shoteh)by people at large, if he is not emotionally and/or intellectually challenged to the degree described by our Sages,45 he may be included in a zimun. Nevertheless, a cheresh and a person emotionally and/or intellectually challenged to the extent described universally by the Sages, are not at all mentally competent and are exempt from all of the mitzvos.46 They are placed in the same halachic category as a minor under the age of six, whom all authorities agree may not be included in a zimun, neither a zimun of three, nor of ten.

The term cheresh, as employed universally by the Sages refers to a deaf-mute.47 A person who can speak, but is deaf (or a person who is mute, but can hear), (even two or more such individuals) may be included in a zimun, because they are considered as mentally competent individuals with regard to all matters.48 [This ruling applies] provided they understand and focus their concentration [on the zimun]. ([Their participation is valid even though the deaf person does not hear the blessing of the zimun49and the mute does not [verbally] respond.)

When does the above apply? With regard to a zimun of ten. For with regard to a davar shebikedushah (“holy declaration”), the response of the few is not a binding prerequisite, as stated in sec. 55[:11]. For a zimun of three, by contrast, it is necessary that two others listen to the leader until the conclusion of the blessing Hazan and that they respond to him: “Blessed be He of Whose [bounty] we have eaten….” If these factors are not present, there is no zimun at all, as stated in sec. 193.50

11 A person who was placed under a ban of ostracism may not be included in a zimun [at all], neither [a zimun] of three, nor [a zimun] of ten. For this is the purpose of the ban of ostracism — to distance him and separate him from the community.51 [The laws relevant] if he was placed under such a ban because of financial matters will be explained in Yoreh Deah, sec. 334.52