Dear Rabbi Simon
Here is a delicate question for you:
It was brought to my attention that there may be a Halakhah about including someone in the Minyan who has married out. We were discussing this today as there is someone who davens with us frequently who has married out of the Jewish faith. He seems to take his davening quite seriously, so I had never realised it might be an issue. Please advise.
Many thanks,
Mendy
Dear Mendy,
There is a halakhic basis to raise an objection, however in my opinion you should continue to count him in the minyan for a number of reasons:
1. By excluding him you may alienate him—however doing so is unlikely to motivate him to separate from his current wife or dissuade anyone else from following his example. In fact, it may offend others who are present who cannot/will not appreciate the basis for his exclusion.
2. It may mean the minyan itself is imperilled.
3. Many posekim rely on the reasoning first advanced by Rav Yaakov Ettlinger (Arukh la-Ner, 18th c. Germany, mentor of Rabbi SR Hirsch) in responsa Binyan Tzion, to the effect that in the modern era, one who desecrates the Sabbath may not be subject to the full halakhic opprobrium as prescribed in the Talmud and Shulkhan Arukh. The reason is that in many cases he profanes the Sabbath out of ignorance of the gravity and implications of his transgression rather than in a spirit of rebellion and rejection of Hashem and the Torah in its entirety. The significance of this ruling in wide-reaching, as otherwise anyone known to publicly violate the laws of Shabbos would be similarly excluded from being counted in a minyan (and much else). I should add, however, that there is a stronger basis to refrain from calling such a person to the Torah, for example, or for inviting/allowing him to lead the prayers (as ba’al tefillah). Further careful consideration would be called for in such a case. I hope this is helpful.
Best wishes
Rabbi Rashi Simon