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I was sitting one day when someone called to to come and be the tenth person. I quickly ran to be the tenth and upon arrival I counted 11 people so I asked someone why they rushed me. And they said that the person over there has a type of mental illness (it's not down syndrome but it's some form of mental disability). So I wanted to know is this person really not halachicly allowed to help make a minyan?

salsachips44
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  • related https://judaism.stackexchange.com/questions/9898/does-down-syndrome-make-one-a-shoteh – rosends Sep 06 '17 at 10:55
  • discussions indicate a difference of opinion http://5tjt.com/more-of-rav-elyashivs-rulings-by-rabbi-yair-hoffman/ http://kashrut.org/forum/viewpost.asp?mid=2048&highlight=minyan – rosends Sep 06 '17 at 10:58
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    That would depend on the actual illness and would require both a medical and a rabbinic ruling. Also note thsat your title (Down's syndrome) does not match with the body of the question (not Down's syndrome). – sabbahillel Sep 06 '17 at 11:03
  • possible dupe https://judaism.stackexchange.com/q/50422/759 – Double AA Sep 06 '17 at 13:01
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    Why is this off-topic? It’s asking about the halachos eligibility of a person with Down’s. I agree with @DoubleAA - the appropriate close reason is duplicate. – DonielF Sep 06 '17 at 14:05
  • The question title asks about the qualification of Down syndrome but in the body of the q. it asks about "some form of mental disability". – Oliver Sep 06 '17 at 14:12
  • Critical factor here: you only count for a minyan if you are obligated to pray. You are only obligated if your consciousness can support it. The question is how to define that last term. – Shalom Sep 06 '17 at 14:45

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Another other simple answer is that there is no simple answer (as per the title of the question, i.e. Down syndrome).

An important factor, obviously besides for age, in order to qualify for a minyan (quorum to pray) is IQ level which varies among affected persons, with an average of 50. Hence, there can't be a blanket Yes/No answer.

Consequently, there's no one answer if a person afflicted with DS can convert. Another example is whether upon becoming thirteen years of age they are permitted to read from the Torah (Bet Av vol. 6 §4). Or, if their Kiddushin is valid or not.

Oliver
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The simple answer is no. Mentally disabled or ill people are usually considered "Shotim" (plural of "Shoteh", a loose translation is a fool - in the sense that they are not in control of their actions) in the halacha and they can't join a minyan as they are exempt of the mandatory mitzvot ("Patur me'mitzvot" in the halacha).

Most mentally ill people are considered "Shotim". Mentally disabled people with a level of comprehension of less than a 6-year-old's are exempt as well. If their level is that of a 6-year-old, they have to abide the mitzvot they understand. (Igrot Moshe YD 4:29, Minhat Shlomo 1:34)

NOTE: Dyslexia is not a mental disability.

Double AA
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Raph Peres
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