THE STORK WHO FLEW TO THE SHIVA MINYAN: A MUSSAR LESSON FROM OUR TALMUD, MIDRASH, AND RABBINIC TEXTS
BY DR RABBI ARTHUR SEGAL, HILTON HEAD ISLAND, SC ; JANUARY 7, 2026
WHY DO WE NEED A MINYAN FOR SHIVA? WHY WON'T PEOPLE FROM ONE CONGREGATION ATTEND A SHIVA FOR A JEWISH FAMILY OF ANOTHER CONGREGATION OR ONE WHO DOES NOT BELONG TO ANY CONGREGATION?
The answer to the second part of the question is answered in detail by our Chazel, our sages of blessed memory, in Midrash, Talmud and Rabbinic writings.
They teach a very spiritual concept of "All Jews are Responsible for one another'' by teaching about the stork and it's behaviors. "Kol Yisrael arevim zeh bazeh" (
זה בזה ערבים ישראל כל) {Talmud Bavli Tractate Shevuot daf 39a]. The rabbis wanted to include inclusivity and community as one of the means of survival in Galut (the diaspora}. The concept is used to encourage inclusivity across different denominations and levels of observance, emphasizing that the community must be united to fulfill the Torah.
So the rabbis discuss why the Stork (Chasidah) Is Not Kosher, Despite Its Name Meaning "Kindness."
1. Midrashim Source
Vayikra Rabbah 13:5 explains that the stork is called chasidah ("the kindly one") because it performs acts of kindness, but ONLY toward its own species. This selective kindness is considered ethically deficient.
2. Talmudic Reference
Talmud Bavli Tractate Chullin daf 63a identifies the chasidah and notes its distinctive behavior of sharing food with others of its OWN TYPE. Rabbinic tradition places it in the non-kosher list despite this trait.
3. Rishonim and Acharonim
Maharal (Gur Aryeh, Shemini) teaches that true chesed must be universal and outward-facing, not limited to one's inner circle. The stork represents a distorted form of kindness, serving only its own kind.
Rabbi Samson Raphael Hirsch (commentary on Vayikra 11) argues that favoritism is ethically flawed and symbolizes corruption of justice. Thus, the bird, despite its name, is morally unsuitable as a kosher species.
4. Chassidic Interpretations
Sefat Emet and other Chassidic works emphasize that the stork's kindness is instinctual, not a product of ethical choice. Kosher creatures represent refined moral potential, not reflexive behavior.
Summary
The stork is called chasidah because it shows kindness, but only within its own group. Rabbinic sources consider such PARTIAL KINDNESS ETHICALLY INADEQUATE, and therefore the bird remains non-kosher despite its name. Our rabbis insist that when a congregation has an Ahavath Chesed [loving kindness committee] forming a minyan and companionship for a mourner who's family were dues paying members, but will not show the same Ahavath Chesed to a Jewish Family who is not a member, then that congregation is ethically flawed.
So let us see how the Rabbis discussed the first part of the above question: '' WHY DO WE NEED A MINYAN FOR SHIVA?''
This leads us to a discussion on minyan formation, rabbi Judah HaNasi and pastoral dimension of communal prayer.
I. Introduction
The part of this essay gathers classical, medieval, and modern sources on difficulties assembling a minyan, the spiritual and pastoral importance of communal presence, and halakhic creativity used in emergency situations. Included are sources from the Talmud Bavli, Talmud Yerushalmi, Midrashim, Rishonim, and modern scholars.
II. Rabbi Judah haNasi and Minyan-Related Narratives
1. Shabbat daf 152b – Rabbi Judah haNasi assembles a minyan for a man who died without mourners.
The deceased later appears to him in a dream, expressing comfort that ten accompanied him.
This story is often cited as a PASTORAL MODEL DEMONSTRATING THE PSYCHOLOGICAL AND SPIRITUAL COMFORT A MINYAN PROVIDES.
2. Difficulty assembling a minyan:
While not always explicit in Bavli, many responsa and community records emphasize that even prominent figures such as Rabbi Judah haNasi sometimes struggled to gather ten. The Yerushalmi and later halakhic literature preserve several examples of communal difficulty forming a minyan for prayer, burial, and Torah reading.
III. Why Ten? "Edah" from the Ten Spies
• Bavli Megillah daf 23b and Berachot daf 21b derive the requirement of ten from "edah"—the congregation of the ten spies (Numbers 14:27). Berachot daf 21b – "דבר שבקדושה לא יהא פחות מעשרה." It defines the requirement of ten for sanctifications such as Kaddish and Kedushah. Megillah 23b and related passages help the rabbis to derive a minyan from the term 'עדה' and discusses matters requiring ten.
• Although the spies were wicked ("edah ra'ah"), their number defines the halakhic quorum.
• Rashi and Tosafot emphasize that the numerical definition stands independent of the spies' moral quality.
IV. Creative Counting in Cases of Need
Classical halakhic authorities mention exceptional leniencies when a minyan could not be formed:
1. Counting the mourner.
Fully acceptable; the mourner is a regular participant.
2. Symbolically counting the met (body/casket).
This is mentioned in medieval minhag literature (Sefer HaManhig). It is used as a symbolic gesture reflecting communal obligation not to leave a mourner alone.
3. Counting minors:
a. Boys over 13 count fully.
b. Boys under 13 holding a Torah scroll – cited among Geonim, Rabbeinu Tam, and Rosh. Are generally rejected but mentioned in emergencies.
4. Counting someone who must leave for work:
Some medieval sources (e.g., Maharil) accept "continuing a minyan" if the original ten were present for the beginning of prayer or Kaddish.
5. FREEING A SLAVE TO COMPLETE A MINYAN:
In Talmud Bavli Tractate Gittin daf 38b, we read of Rabbi Eliezer freeing his slave so that the slave becomes a full Jew and may count toward ten.
This demonstrates the extraordinary halakhic weight placed on assembling a minyan.
Hebrew (paraphrased): "נכנס לבית הכנסת ולא מצא עשרה ושחרר את עבדו והשלימו לעשרה."
V. Yerushalmi Sources
1. Talmud Yerushalmi Tractate Berachot 7:3 ,praises those who help complete a minyan. Communal prayer has unique spiritual merit.
2. Talmud Yerushalmi Megillah 4:4 reads that public Torah reading requires ten. The community must assemble ten men even with difficulty.
VI. Midrashic Sources
1. Midrash Tanchuma, Tzav : God never rejects the prayer of a congregation.
2. Midrash Tehillim 22 : When ten gather, the Shekhinah rests upon them.
3. Midrash Rabbah, Numbers 15 : It emphasizes communal sanctification through joint participation.
VII. Rishonim
1. Rambam, Hilkhot Tephila 8:1 read that ten are needed for sacred communal acts. The Shekhinah dwells among them.
2. Rosh, Berachot 7 reads that the minyan is fundamental for devarim shebe-kedushah, "matters of sanctity" or "holy words.''
3. Tosafot, Megillah 23b discusses the limits of leniencies in counting minors or borderline cases.
VIII. Modern Scholars
1. Rabbi Joseph B. Soloveitchik – Minyan reflects covenantal community; no one stands isolated.
2. Rabbi Abraham Joshua Heschel – Community prayer prevents spiritual loneliness.
3. Rabbi Maurice Lamm and Rabbi Marc Angel – In mourning, minyan ensures the mourner is never alone; this is both halakhic and pastoral. On the Phrase "So the Mourner Not Be Alone" the Talmud does not contain this as a direct formula. Later pastoral and homiletic writings often explain that communal recitation of Kaddish supports the mourner and prevents isolation, but this is not presented as a Talmudic quotation.
IX. Conclusion
Sources across eras emphasize that assembling a minyan—even with difficulty—is a primary Jewish communal obligation. Creative halakhic solutions reflect the profound value placed on ensuring communal presence, especially for mourners. THE PRINCIPLE THAT "THE MOURNER SHOULD NOT BE ALONE" EMERGES AS BOTH A LEGAL REQUIREMENT AND AN ESSENTIAL PASTORAL TRUTH.
MUSSAR LESSON: Don't be a stork. Be a Homo Spiritus. Be a good Jew. Comfort the mourner, attend the shiva and funeral, whether the family be friends of your or fellow congregants. Ahavath Chesed [loving kindness] and Ahavath Israel [love for a fellow Jew] does not begin or end with a membership list.
Rabbi Dr Arthur Segal, Hilton Head Island, SC, 12/12/25
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