Can a Deaf-Mute Be Counted Toward a Minyan?

An individual who, Heaven forbid, suffers from a physical impairment or disability may be counted toward a Minyan. The concept of a Minyan is rooted in the fact that the Shechina resides among an assembly of ten Jews, and this includes Jews with physical impairments. Therefore, if a person is unable to hear, or is unable to speak, he may be counted toward a Minyan. If, however, a person is both deaf and mute – unable to hear or speak – then he may not be counted toward a Minyan. The reason is that in the past, such a person could not be taught, and thus unfortunately would remain ignorant. He thus has the same status as a child or a mentally challenged adult, who cannot be counted toward a Minyan. The question arises whether this Halacha applies nowadays, when, Baruch Hashem, educational methods are available to teach people who can neither hear nor speak. (In fact, there is a yeshiva in Toronto for students who are both deaf and mute, and the Rosh Yeshiva is himself a deaf-mute.) Many Poskim maintain that if a deaf-mute has been taught and now has the ability to read, write and function like an ordinary person, then he may be counted toward a Minyan. Others, however, disagree. In light of this dispute, Rav Yisrael Bitan ruled that an educated deaf-mute can be counted toward a Minyan for all parts of the prayer service which do not include the recitation of Berachot. Thus, for example, if he is one of ten men, they may recite Kaddish and Barechu, but the Hazzan should not repeat the Amida, since the blessings of the Amida will be considered in vain according to the opinion that an educated deaf-mute cannot be counted. Rav Bitan writes that in such a case, the Hazzan should recite the Amida aloud while the congregation recites it silently, so they can recite Nakdishach. The Torah may be read in such a case, but the Berachot may not be recited. Another question arises regarding the status of a deaf-mute who is able to hear through cochlear implants. Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) maintained that since this individual can hear, he is like a regular person and can certainly count toward a Minyan according to all opinions. Rav Moshe Feinstein (1895-1986), however, disagreed. He argued that a person's status depends on his physical capabilities, and an artificial device allowing him to hear does not change his status. Therefore, even if a person can hear with the help of a cochlear implant, in Rav Moshe's view, he is still considered deaf. However, even according to Rav Moshe, if a deaf-mute receives a cochlear implant and then learns how to speak, he is no longer considered mute, and so he can be counted toward a Minyan. Summary: A person with a physical impairment, or who is deaf or mute, can be counted toward a Minyan. A deaf-mute, however, who can neither speak nor hear, cannot be counted toward a Minyan. If he is educated, then it is questionable whether he can be counted toward a Minyan, and so if he is the tenth man, Kaddish and Barechu may be recited, but not the repetition of the Amida, due to the possibility of the blessings being in vain. In such a case, the Hazzan should recite the Amida aloud while the congregation recites it silently, so they can recite Nakdishach. If the person can hear with cochlear implants, then according to one opinion he is not considered deaf, whereas others maintain that he is still a deaf-mute, unless he has learned to speak.