Fetus in a Minyan

Question

First off I asked this somewhere else, but only got one halachic opinion so I want to see if another one exists.There is a Halachic option that says if there are otherwise 9 adult (above bar mitzvah age) Jewish males, an underage (pre bar mitzvah) Jewish male can be counted to make a minyan (which normally requires 10 adult males). My question is, if a Jewish woman is pregnant with a male baby/fetus, and there are 9 adult Jewish men present, can her child be counted as a minyan with her present? Do any poskim disagree with the shulchan aruch’s requirement the child has to be 6+? And has a rabbi ever commented on this specific question? Sources appreciated

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Answers

  1. The Just Ask! - AskTheRabbi.org Team

    There is no discussion among the Poskim I am aware of as to whether a fetus can be included in a Minyan. The reason is because there is no Halachic reasoning to allow it. Even according to those who allow a minor to make up a Minyan (which is, in itself, an extremely complex and controversial issue), the minimum age is six because a six year old is (hopefully) cognizant of Who he is davening to, and he has to be able to answer to the Kaddeshim and Kedushah. If the child is not aware, it is forbidden to include him in the Minyan even if he is older than six. That being the case, a fetus cannot be included to make up the Minyan.

    Best wishes from the AskTheRabbi.org Team