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Sridei Eish: Can a Jew Who is Married to a Non-Jew Count Towards a Minyan?

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Sridei Eish: Can a Jew Who is Married to a Non-Jew Count Towards a Minyan?
Provided by Revach L'Neshama (www.revach.net)

Revach L'Neshama

The Shulchan Aruch (OC 54:11) says anyone who has committed aveirios can be counted for a minyan provided that he wasn't excommunicated. Adds the Pri Migadim that this applies only if the aveira was committed for sheer pleasure (L'Tei'avon) but if he committed aveiros spitefully (L'Hach'is) he cannot be counted.

In the case of a Jew marrying a gentile, although this would be considered L'Tei'avon and he was not excommunicated, nevertheless says the Sridei Eish, he cannot be counted for a minyan since he deserves to be excommunicated. The fact that today Bais Din does not wield the necessary power does not let him off the hook. Therefore we view him as if he were excommunicated and exclude him. (Chashukei Chemed - Shabbos 116a)

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