THE HALAKHA IS NOT IN ACCORDANCE WITH ALL OF THESE STATEMENTS, RATHER WITH A MINOR WHO KNOWS. Tosfos will clarify which of the previous teachings about the leniencies for forming a zimun or a minyon R’ Nachmon is rejecting. It appearsthat this statement that the halochoh is not in accordance with all the previously mentioned teachings also refers to R’ Yochonon’sruling about a minor who has sprouted pubic hairs, and is saying that we do not rule as R’ Yochonon does. And this is not clear, for it is not the way of the Gemara to reject the words of amoroim and the Braiso that was brought as proof to R’ Yochonon without any reasonfor the rejection. And we can answer: That it does refer to the minor who has sproutedpubic hairs, but the R’ Nachmon is not rejecting R’ Yochonon’s ruling, rather, he is modifying it. It means to sayR’ Yochonon’s teaching that a minor who sprouts may be included in the zimun, is exclusively when he knows to whom he is reciting the b’rochoh, and both,sprouting and knowledge of to whom the b’rochoh is addressed are required. And according to our explanation we must say that the Gemara did not cite the story of Abaye and Rovo as far as uniting with them for the zimun, but to clarifythe concept of a minor who knows to whom the b’rochoh is addressed. For most probably they,Abaye and Rovo, were not sproutingat that time. For if they weresprouting, which places them at about thirteen years of age, wherein is their greatness that they knew to whom the b’rochoh is addressedwhen they were already thirteen years old? And Raboh also who asked themthis question, that was to show that they had understanding even though they were quite young and not to unite with them for a zimunsince they had not sprouted as of yet. Rabainu Tam will now prove that the Gemara’s statement that the halochoh is not in accordance with all the previous teachings does not refer to the teaching of R’ Yehoshua ben Laivee who said that a minor in his crib can be used as the tenth for a zimun of ten. And Rabainu Tam says that although the halochoh is not like all the Gemara’s previously mentioned teachings, however the halochoh is in accordance with R’ Yehoshua ben Laivee who said that an actual minor may be used as an accessoryto be counted as a tenthso that the name of Hashem may be recited in the zimun. And here, where the Gemara requiresthat the minor be sprouting, that iswhen we are using him as the thirdin order to recite the zimun. Andthe statement the halochoh is not in accordance with all these teachings does not refer to R’ Yehoshua ben Laivee. And this can also be deducedfrom the fact that the Gemara interruptsits list of leniencies about uniting for a zimun after teaching us R’ Yehoshua ben Laivee’s ruling about using a child in a crib as a tenth with the story about R’ Eliezerwho freed his slave so that they would have a minyon, and with another teaching of R’ Y’B’L’ that says that one should always awaken earlyto come to the synagogue and with the Braiso¹ that teaches as he did. If it does not refer to the teaching of R’ Yehoshua ben Laivee, to which teachings does it refer? **Rather, it refers to those teachings that follow the Braiso that supports him,**R’ Yehosua ben Laivee, that one should awakenearly etc. For example, ninemen and an ark, or Shabos and two men, or nine that appear as ten, or two scholars who sharpeneach other’s learning, or a minor who is sprouting. Even though we learned that in a Braiso, to include the minor who sprouts, Rav Nachmon will set up thatBraiso that it is speaking of **when the minor does not know to whom the b’rochoh is addressed.**² And that is also in agreement with R’ Yehoshua ben Laivee who says earlier that we cannot unite with a minor for zimun, the meaning is that the minor is laying in a crib,and obviously is unaware of to whom the b’rochoh is addressed until he knows to whom the b’rochoh is addressed, buteven while lying in a crib he can be used as an accessory to ten. That means for birchas hamozon. And the same is true fora tenth for prayer, for in this matter R’ Nachmon does not arguewith R’ Yehoshua ben Laivee. For when does R’ Nachmon require that the minor knowsto whom the b’rochoh is addressed, **and that he is sprouting as we explained,**at the very beginning of this Tosfos, that is only as far as a zimun of three, but as an accessory for ten he agrees with R’ Yehoshua ben Laivee thathe can be an accessory for ten, in order to recite Hashem’s name in the birchas hazimun. And the same is true for prayer that a minorcan combine with nine men as a minyon. And this can be deduced from the Gemara that challengesR’ Yehosua ben Laivee from the story of R’ Eliezerwho freed his slave so that they could have a quorum for prayerand presented this as a challenge **to R” Yehoshua ben Laivee who is discussing birchas hamozon.**It is evident that the Gemara is equating the quorum required for prayer with the quorum required for birchas hamozon. Rabainu Tam finds a clear contradiction to his position that we see from our Gemara that the minyon required for prayer is the same as the minyon for birchas hamozon. However, this is bewildering, for in B’raishis Rabo (Chapter 91) the Midrosh says about the teaching of R’ Yehoshua ben Laivee, that it was said for birchas hamozononly, but not fora quorum for **prayer.**This obviously contradicts the way Rabainu Tam understands our Gemara. Rabainu Tam acknowledges that the Midrosh contradicts him, however the Midrosh is also contradicting our Gemara and therefore the Halochoh is not like the Midrosh. And Rabainu Tam used to sayabout the Midrosh that contradicts his explanation of the Gemara, that the halochoh is not likethe Midrosh because it argues on our Gemara. For certainly R’ Yehoshua ben Laiveewho says that we can use a minor as an accessory for a tenth **said it for prayer as well, since we see that the Gemara challenges him from the story of R’ Eliezer that is speaking about prayer.**Our Gemara definitely equates prayer with birchas hamozon as far as the quorum required is concerned and does not agree with the Midrosh. Tosfos deals with what was a custom in his time and in some circles even used today. And there are those who say that we may unite with a minor for prayer, with the stipulation that he must have a chumosh in his hand. And Rabainu Tam says that it is a nonsensical custom. For just as the Gemara argues, is the ark a personwhen the Gemara said that nine men and an ark unite to form a quorum, **so too,**we can argue, is the chumosh a personwho can unite for a quorum? And furthermore, the Gemara that says, a minor can combinewith nine men to create a quorum, **that is even without a chumosh.**Our Gemara, which discusses the issue, never mentions that the minor must be holding a chumosh. And furthermore, we do not see in any placethat a chumosh would helpfor a quorum, it is mentioned only in the story of when they made a leap year when they went up to the atticas is mentioned in the Chapters of R” Eliezer (Chapter 8) where it says: With threesages we declare a leap year. R’ Eliezer says with ten, and if they were lessthan ten, we bring a sefer Torah and we make a circle etc. This may be the source of the concept of using a sefer Torah with a minor, but Tosfos is far from convinced. And it is not mentioned therein the Chapters of R’ Eliezer, that the minor should hold the sefer Torah. And there it says only that a sefer Torah that is made to be rolledcan be used when there is a shortage of a person but our chumoshimthat are not rolled up as a sefer Torah could not be usedin place of a person. Tosfos introduces another Yerushalmee. Rabainu Tam interprets it in accordance with his position. However R’I disagrees. However, it says in Yerushalmee: R’ Yosee said there were times that I ate with R’ Chalafto, my father, and R’ Chanino bar Sarsee, my uncle, and they did not count me for the zimun until I grew two hairs. And from there it appears that to unite for zimun we do not act until the minor grows two hairs, but forcombining for a quorum for prayer we do acteven though the tenth person is a minor, as Rabainu Tam says. R’I disagrees with Rabainu Tam. He uses this Yerushalmee as his source. And from this Yerushalmee, R’I says that we do not use a minor as an accessory neither for prayer nor for birchas hamozon. And the R’I says that even Rabainu Tam himself did not custmarily do that, to use a minor as an accessory for ten. And he did not actually do that. And therefore, even with a chumosh in the minor’s hand it does not facilitatethe matter as we explained. Since the minor himself is ineffectiveas far as a quorum is concerned, even with a chumosh in his hand, he is ineffective. Rav Nachmon’s own ruling of leniency is still in effect. However, a minor who is sprouting and knows to whom the b’rochohis addressed it appears that we may recite bircas zimun on account of him even if he is a thirdmember of the zimun and it is certainly true if he is the tenth for a zimun to say Hashem’s name as it says in the Braiso, and there is no one who argues about this. In conclusion, Tosfos rejects Rabainu Tam’s conclusion that a minor can be used as a tent member of a minyon. And this is the text of our Master who rules in conclusion of this matter: We do not make a minor an accessory for ten for a zimunof ten **and for prayer and for three,**a zimun, until he grows two hairs as is indicated in the story about R’ Yosee bar Chalafto in Yerushalmee. And that which we say in Yerushalmee: That a minor and a sefer Torah are made an accessorywhich seems to imply that a minor with a sefer Torah can be used as a tenth to complete a quorum, **says R’I that the correct text is “a minor to a sefer Torah” and the meaning is that the minor is an accessory to the reading of the Torah. And specifically there,**for the reading of the Torah, as the Gemara says there in M’giloh (23a) that a minor counts toward the count of sevenreaders of the Torah, even a minor, even a woman if not for the honor of the congregation, but for other matterssuch as a quorum for prayer and birchas hamozon a minor or a woman cannot be used. And even if we should find in some place that a minor and a chumosh combineto be used as a tenth even for prayer, thatleniency would apply specifically to a chumosh that is made to be rolled upjust as a sefer Torah is rolled but not to our chomoshim. And according to the explanation of Rabainu Tam, a chumosh in the hand of a minor accomplishes nothing at all, but a minor alone is an accessoryas a tenth to form a minyon, but twominors **cannot be used,**as we see here in the **story of R’ Eliezer,**who allowed the use of one slave as an accessory to a minyon, but not two. **And Rabainu Tam explained the Yerushalmee about R’ Yosee bar Chalafto,**who said that his father and uncle would not include him in the zimun till he grew two hairs, **that was said specifically about using him as a third for the zimun,**but he could be used as a tenth both for prayer and birchas hamozon.

footnotes: ¹ See Maharsho who says that no such Braiso that supports R’ Yehoshua ben Laivee appears in our text of the Gemara. Tosfos may have had a variant text oh. ² See Maharsho.