Counting Heads

QUESTION: Is it permissible to count people to see if there is a minyan or for some other mitzvah reason?

ANSWER: In the beginning of this week’s Parsha (Ki Sisa – Shemos 30:11-12), Moshe is told that when he counts Bnei Yisroel, he should do so by having each one give a coin as an atonement, “that there be no plague among them.” Rashi explains that this is because counting Bnei Yisroel directly brings about an “ayin hara” which can result in a plague, which is what happened in the time of Dovid Hamelech (II Shmuel 24). 

The Gemara (Yoma 22b) states in the name of Rebbi Yitzchok that it is forbidden to count Bnei Yisroel even for the purpose of a mitzvah. Rebbi Elazar says this prohibition is derived from the verse in Hoshea (2:1) “Yet the number of Bnei Yisroel will be like the sand of the sea which cannot be measured or counted”. (For an extensive discussion why the Gemara does not derive the prohibition against counting from the mitzvah of shekolim in Ki Sisa, as well as the propriety of conducting a census, see a lengthy discussion in Tzitz Eliezer, 7:3.) For this reason, when the Kohanim were counted in the Beis Hamikdash to determine who should bring the Korbanos, even though this is done for a mitzvah, they were not counted directly; instead, they would stick out fingers and their fingers were counted. 

The Chasam Sofer (Kovetz Teshuvos 8) is troubled by this because one is still counting the Kohanim. He cites the Rambam (Hil. Temidim 4:3) who maintains that if someone would stick out three fingers, they were counted as three. In this way, the counting does not represent the number of Kohanim, but only the number of fingers. Even according to those who disagree with the Rambam, the Chasam Sofer explains that one is not counting exactly the number of Kohanim because not every Kohen would necessarily stick out a finger and some may put out two and mistakenly be counted as two. The counting did not perfectly represent the number of people. Similarly, the Chasam Sofer maintains that when counting the Shekalim, it is not an exact counting, because there is no guarantee that everyone properly fulfilled the mitzvah to give one coin. However, if one goes around the room counting every person, one may not do so, even if they count them by their fingers or shirts, if that would make for an exact counting.  

Others disagree with the Chasam Sofer’s conclusion. Rav Yisroel of Shklov, author of the Pe’as Hashulchan (quoted by the Chasam Sofer, and by the Tzitz Eliezer 7:3), maintains that it is permissible to count through another object, including counting by fingers instead of heads. The Chasam Sofer also adds that if there is no mitzvah purpose then no form of counting should be done, even with coins.  

The Kitzur Shulchan Aruch (15:3) writes that when there is a need to see if there are ten men present for a minyan, the custom is to count them by the words of the pasuk (Tehilim 28:9) “Hoshia es amecha…” which has ten words. Since no number is attributed to each person, this is not viewed as counting.  

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.