On Counting a Child for a Minyan

Our master [Samuel ben Natronay] would say that even if a minor is holding a Torah scroll, we may not count him as completing the ten men required for prayer; all the more so we do not count one without the other, as Rabbenu Tam explained. And the ruling that “the halakhah is not in accordance” [b. Berakhot 48a] also applies to R. Joshua ben Levi [b. Berakhot 47b; who permitted counting a minor]. [Rabbenu Tam] states that the disruption [in the talmudic discussion between these two statements] is not considered a disruption, as this is the style of the Talmud: when an amora issues a statement that is relevant to the discussion at hand they cite the rest of his statement. Thus, the teaching that “one must rise early” was [also] stated by R. Joshua ben Levi [in that discussion].

R. Natronay Ga’on also responded that one may not rely upon R. Joshua ben Levi as the halakhah is not in accordance with his opinion. [ . . . ] R. Aḥai likewise wrote that the discussion of “a minor who knows to Whom one recites a blessing” applies specifically to one who has grown two pubic hairs and entered his thirteenth year, and only for the purposes of invitation to recite Grace after Meals. However, for prayer quorums and other commandments and to fulfill the obligation on behalf of others, a boy must have completed thirteen years and one day. [ . . . ]

And furthermore, I, Samuel ben Natronay, maintain that R. Joshua ben Levi was referring only to the invitation to recite Grace after Meals, but he did not entertain this claim regarding prayer quorums. This is evident from the whole discussion, since the mishnah of that section reads: One does not invite women, slaves, and minors to recite the Grace after Meals [m. Berakhot 7:2]. Even regarding that which R. Joshua ben Levi actually said, that we count a minor for Grace after Meals, we do not rely upon him, as the statement that “the halakhah is not in accordance, etc.” refers to all of the previous rulings. [ . . . ]

One may retort: But it is taught “we count a minor and a Torah scroll” in the Jerusalem Talmud [y. Berakhot 7:2] and in Bereshit Rabbah [93:3], implying that a minor may count!

This is no proof, as the [Jerusalem] Talmud responds: R. Yudan said: Do not read “a minor and a Torah scroll,” but “a minor for a Torah scroll,” that is, to read from the Torah. This is as we learned: All count toward the number of seven readers [who should read on the Sabbath], even minors, slaves, or women [b. Megillah 23a]. But God forbid that a minor should count toward prayer, as we derive by means of verbal congruity from the [two words] among among (Leviticus 22:32 and Numbers 16:21) that for any matter of holiness there must be no fewer than ten adult males [b. Berakhot 21b]. Do not belittle this; a law learned through verbal congruity should not be light in your eyes. The same ruling was given by R. Nathan [ben Yeḥiel], author of the ‘Arukh, that a minor holding a Torah scroll in his arm cannot count as part of a quorum.