Q&A: Including a Sabbath Desecrator in the Court for Annulment of Vows Before Rosh Hashanah
Including a Sabbath Desecrator in the Court for Annulment of Vows Before Rosh Hashanah
Question
Hello Rabbi,
According to Peninei Halakha
https://ph.yhb.org.il/02-02-08/#_te01ftn2_10
it is permitted to count a Sabbath desecrator and an adulterer toward a prayer quorum.
A Jew who has committed sins, such as eating forbidden foods, committing adultery, or violating other prohibitions in the Torah, may be counted toward a minyan. For despite having sinned, inwardly he certainly wants to be a partner in the holy aspirations of the Jewish people, as the Sages said (Sanhedrin 44a): “A Jew, even though he has sinned, is still a Jew.” But one who sins in order to provoke, since he has shown about himself that he does not belong to Torah and Israel, is not counted toward a minyan (Mishnah Berurah 55:46-47).
What about a religious court, say, for annulment of vows before Rosh Hashanah?
In the Rabbi’s opinion, can an adulterer or a Sabbath desecrator serve on the religious court?
Answer
There is no connection between the two. Being counted toward a minyan depends only on the question of whether he truly wants to pray and join in. As for annulment of vows, this is a dispute among the halakhic decisors, and in my opinion it is proper not to use him.
Discussion on Answer
I would be glad if the Rabbi could answer regarding the after-the-fact situation—was the annulment of vows valid?
What is the difference between the cases?
After the fact, if the adulterer and the Sabbath desecrator did join, was the annulment of vows valid?
All this is of course regarding a person who sins because of his inclination and not in order to provoke.
In addition, where is the line drawn regarding which sin would disqualify a person from serving on the religious court for annulment of vows?