Ten men form a Minyan only if they are all assembled in the same room. If the ten are interspersed among two rooms, then even if there is no door between the two adjoining rooms, and they can all see each other, they do not form a Minyan. (However, if ten men are situated together in one room, then others who are situated in the adjoining room are considered to pray with a Minyan.) The Tur (Rabbenu Yaakob Ben Asher, 1269-1340) cites his father, the Rosh (Rabbenu Asher Ben Yehiel, Germany-Spain, 1250-1327), as making an interesting exception to this rule. He asserts that if five men are in one room, and five others are in an adjoining room, they combine to form a Minyan if the Hazzan stands in the doorway between the two rooms. As long as all ten men can see the Hazzan – even if they cannot see each other – they are considered a Minyan, as the Hazzan in this case combines them together. Several Poskim extended this Halacha to apply in a case where nine people are in a room, and the Hazzan stands in the entranceway to the room. Normally, a man who stands in the doorway cannot be counted toward the Minyan together with those inside the room. However, if it is the Hazzan standing in the doorway, then, according to this opinion, he combines with nine men inside to form a Minyan. This view is advanced by Rabbi Akiva Eger (1761-1837), who argued that if a Hazzan standing in a doorway between two rooms can combine the men in the two rooms to form a Minyan, then certainly he himself can combine with the nine men of the room when he stands in the doorway. This is the view also of the Perisha (Rav Yehoshua Falk, d. 1614). By contrast, the Peri Megadim (Rav Yosef Teomim, 1727-1792) argued that the Rosh's ruling cannot be extended to the case of a Hazzan standing in the doorway with nine men in the room. The Mishna Berura accepts the lenient ruling of Rabbi Akiva Eger and the Perisha. This is the conclusion also of Hacham David Yosef, in Halacha Berura, who noted that different views exist regarding the status of a person standing in a doorway. Although Halacha follows the opinion that he cannot be counted together with the people standing in the room, nevertheless, the opposing view creates a "Sefek Sefeka" – a situation where two Halachic uncertainties are at play. To begin with, there are those who allow counting a person standing in the doorway, and even according to the stringent opinion, some Poskim allow counting him if he is the Hazzan. Hence, we can rely on this leniency, and allow nine men to form a Minyan with a tenth man in the doorway if that tenth man is the Hazzan. Summary: If ten men are together in two adjoining rooms, with some in one room and some in the other, they do not form a Minyan, unless the Hazzan stands in the doorway connecting the two rooms, and everyone in both rooms can see him. Similarly, if nine men are in a room and a tenth man is in the doorway, the tenth man can be counted if he is the Hazzan.

If nine men are assembled in a room, and a tenth men is outside by the window, can this tenth men be counted so a Minyan can be formed? It is clear that the fellow outside cannot be counted if the window is closed. Even if the window is open but there are security bars running across the area of the window, the man cannot count toward the Minyan. Regarding the case of an open window, different views exist among the Poskim. The Bet Yosef cites Rabbenu Yeruham (1290-1350) as ruling that the fellow outside does not count toward the Minyan, unless he brings his head and the main part of the body through the window. This is the view accepted by the Hayeh Adam (Rav Abraham Danzig, Vilna, 1748-1820). The Bet Yosef then cites the more lenient ruling of Rav Yishak Abuhab (Spain, 14 th century) that it suffices for the person to put his head inside through the window for him to be counted toward the Minyan. Thirdly, the Bet Yosef cites the position of Rav Hai Gaon (Babylonia, 939-1038), brought by the Orhot Haim, that if the man outside "shows them his face" then he may be counted toward the Minyan. The Bet Yosef posits that these final two views actually are the same opinion, expressed in different words, though he is uncertain what this opinion is. It is possible, he writes, that Rav Hai Gaon agreed that the fellow outside must bring his head into the room through the window, but his position was not made clear in the citation in the Orhot Haim. Conversely, it is possible that Rav Yishak Abuhab agreed that it suffices for the person to merely show his face to the people inside, and does not actually have to bring his head through the window. A number of other Rishonim (the Radbaz and Rav Moshe Ibn Habib) ruled clearly that the individual must bring his head inside the room through the window in order to count toward the Minyan, perhaps giving us reason to assume that this was the view also of Rav Yishak Abuhab and Rav Hai Gaon. This question is debated by later Poskim. The Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) and the Peri Hadash (Rav Hizkiya Da Silva, 1659-1698) ruled leniently, that nine men in a room can form a Minyan with a tenth man outside a window if he faces them through the window. The Hida (Rav Haim Yosef David Azulai, 1724-1806), in Mahazik Beracha, cites those who require the person to bring his head through the window, and then brings those who rule leniently, that it suffices for the tenth men outside to face the nine men inside. As for the final Halacha, although the Mishna Berura follows the lenient view, the Kaf Ha'haim (Rav Yaakov Haim Sofer, Baghdad-Jerusalem, 1870-1939) ruled stringently, that the person outside must bring his head inside the room to be counted. This is the position followed by Hacham David Yosef, in Halacha Berura, and this is the Halacha according to Sephardic practice. Summary: If nine men are in a room, and a tenth man is outside a window that is completely open, they can form a Minyan if the man outside brings his head inside through the window.

Ten men combine to form a Minyan only if they are together in the same room. The Rishonim debate the question of whether a person can count toward a Minyan if he is standing in the doorway. If nine men are inside the room, and the tenth is in the doorway, do they form a Minyan, or must the tenth man come out of the doorway inside the room? The Bet Yosef brings the view of Rashi, that the area underneath the lintel is considered part of the room, such that a person standing there counts toward the Minyan formed inside the room. By contrast, Rabbenu Yeruham (1290-1350) maintained that the area of the doorway is considered outside the room. The Bet Yosef shows that the Rambam follows Rabbenu Yeruham's view, noting the Rambam's ruling that if someone brought the meat of the Pesach sacrifice to the doorway of the home on the night of Pesach, he transgresses the Torah prohibition against bringing the meat of the sacrifice outside the home. The Rambam clearly considered the area of the doorway outside the home, and this would, presumably, apply also to the formation of a Minyan. The Shulhan Aruch accepts this view, and writes that the area of the doorway is not considered part of the room, and thus a person who stands there cannot be counted toward the Minyan. By contrast, the Magen Abraham (Rav Avraham Gombiner, Poland, 1635-1682) cites the work Tanya Rabbati as ruling leniently, that a person in the doorway may, in fact, be counted. This is the view also of the Mishna Berura, citing the Eben Ha'ozer. In light of these different opinions, several Poskim, including the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939), maintained that we must be stringent in both directions. This means that a person standing in the doorway of a room cannot combine with nine men in the room to form a Minyan, and also cannot combine with nine men assembled outside in the hallway, as it is uncertain whether he is considered inside the room or in the hallway. Rav Meir Mazuz (1945-2025), in Ish Masliah, writes that although it is proper to be stringent in both directions, the Halacha follows the Shulhan Aruch's ruling, and so, strictly speaking, a person standing in the doorway may combine with nine men in the hallway to form a Minyan. Within the Shulhan Aruch's view, there is a difference of opinion regarding the status of a person standing in the area of the doorway closer to the room, such that he would be inside if the door closed. The Mishna Berura writes that according to some understandings of the Shulhan Aruch, even a person standing in this spot is considered outside, and cannot be counted toward a Minyan. This was the position also of the Kaf Ha'haim. Rav Mazuz, however, disagreed, and maintained that the person may be counted in such a case. The Mishna Berura, too, concluded that one may be lenient in this situation, even according to the Shulhan Aruch, given that many Poskim do not accept Rabbenu Yeruham's stringent view to begin with. Rav David Yosef, in Halacha Berura, likewise rules leniently, and this is the Halacha. The Poskim debate the status of a doorway that has no door. Some argue that the only reason why the doorway would not be considered part of the room is that part of the doorway is left outside when the door is closed; therefore, if there is no door, the area of the doorway is viewed as part of the room. Others contend that to the contrary, the possibility of viewing the doorway as part of the room is based on the fact that part of the doorway is inside when the door closes. In practice, then, if there is no door, we must be stringent, and a person standing in the doorway cannot combine with people inside the room or outside the room, regardless of where in the doorway he stands. Summary: If a person is standing in the doorway of a room, then he cannot combine with nine men inside the room to form a Minyan. Strictly speaking, he can join with nine men in the hallway outside the room to form a Minyan, though he should preferably move outside the doorway into the hallway. If he stands in the inner portion of the doorway, such that he would be inside the room if the door would close, then he can combine with nine men standing inside the room, unless there is no door, in which case he cannot combine with either those inside the room or those outside in the hall.

If ten men wish to make a Minyan in a room with a curtain that separates the room into two sections, must they all be together on one side of the curtain, or are they considered a Minyan even if some are on one side and some on the other? The Halacha in this case depends on the purpose of the curtain. If the curtain was hung for privacy purposes, so that people on one side would not see the people on the other, then we can disregard the curtain with respect to the formation of a Minyan. Such a curtain does not constitute a Halachic separation, and thus the men on the two different sides combine to form a Minyan. If, however, the curtain was hung for a halachic purpose, to separate the room into two distinct halachic areas, then these areas are treated as separate rooms with regard to the formation of a Minyan. An example would be a room with a Sefer Torah, where a curtain was hung to allow on the other side of the curtain activities which are not allowed in the presence of a Sefer Torah. Since the curtain was placed for the purpose of making a halachic partition, then the room is considered halachically divided, and thus ten men who wish to form a Minyan must assemble on one side of the curtain. (However, once ten men assemble on one side, those standing on the other side are considered participants in the Minyan.) Importantly, this Halacha applies only if the curtain reaches the ceiling. If it ends more than three Tefahim (handbreadths) from the ceiling, then it does not qualify as a separation, even if it was hung for halachic purposes. Additionally, this discussion pertains only to a cloth partition. If the partition is a solid wall, made from wood or some other firm material, then it constitutes a halachic partition regardless of the purpose for which it was placed, and therefore the ten men must assemble on one side of the partition. Summary: A curtain that reaches the ceiling is considered a halachic partition that divides a room into two separate rooms if it was hung for a halachic purpose, such as to make a separation from a Sefer Torah, allowing on the other side of the curtain activities which are forbidden in front of a Sefer Torah. In such a case, ten men who wish to form a Minyan in the room must gather on one side of the curtain. If the curtain does not extend to within three Tefahim (handbreadths) of the ceiling, or if it was hung for some other purpose, then men on both sides of the curtain can combine to form a Minyan. A solid partition divides the room regardless of its purpose, and thus the ten men must assemble on the same side of the partition.

If a Minyan consists of precisely ten men, and one of them falls asleep, is the group still considered to comprise a Minyan, allowing them to recite Kaddish, Nakdishah, the Hazan's repetition of the Amida, and so on? The Shulhan Aruch writes that the sleeping individual may be counted as part of the Minyan. In the Bet Yosef, he explains that this is based on a ruling of the Maharam Me'Rutenberg (Germany, d. 1293). The Tureh Zahab (Rav David Segal, Poland, d. 1667), however, disagreed. He maintained that since sleep constitutes a kind of partial death, a sleeping individual is not fully "alive," and thus he cannot be counted toward a Minyan. This view was taken also by the Peri Hadash (Rav Hizkiya Da Silva, d. 1695), and, later, by the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909). The Mishna Berura writes that in light of the different opinions, it is best to try waking the fellow. If this is not possible, the Mishna Berura rules, then he may be counted for the recitation of Kaddish, but not for the repetition of the Amida. Hacham Ovadia Yosef, however, refutes the argument advanced by the Taz, and thus rules that a person who is asleep can be counted even for the repetition of the Amida. While it is certainly preferable to try waking the fellow up, he may be counted for the Minyan. The Hida (Rav Haim Yosef David Azulai, 1724-1806) cites the Bet David as asserting that this entire discussion relates specifically to the case of one person who is asleep. If, however, more than one person is sleeping, then they cannot all be counted toward the Minyan. The Mishna Berura follows this position, as well. In an earlier installment, we discussed the situation of a Minyan of ten people, some of whom are still praying the Amida. Rav Yisrael Bitan concluded that at Arbit, if at least six men (including the Hazzan) have completed the Amida, then the Hazzan may proceed to Kaddish. During the other prayers, however, when the Hazzan repeats the Amida, he should not begin the repetition unless nine men (including him) have finished the Amida, except in situations of great need, such as if someone in the Minyan has some urgent matter to attend to and cannot wait. Applying this conclusion to our discussion, it emerges that Kaddish may be recited even if several men are sleeping, as long as at least six (including the Hazzan) are awake. The repetition of the Amida, however, should not be recited if more than one person is asleep, except in situations of great need. Summary: If a Minyan consists of precisely ten men, and one of them falls asleep, he should preferably be woken up, but if not, he may nevertheless be counted as part of the Minyan. If several men fall asleep, then Kaddish may be recited as long as at least six men (including the Hazzan) are awake, but the repetition of the Amida should not be recited if fewer than nine men are awake, except in situations of great need.

The Shulhan Aruch (Orah Haim 55:13), based on the ruling of numerous Rishonim, writes that ten men cannot combine to form a Minyan if they are not together in the same room. For ten men to comprise a Minyan, they must be in one room. If ten or more people are together in the same room, then men in an adjoining room, or outside in the hallway, can pray with them and thereby be considered as praying with a Minyan. A number of Rishonim maintained that people in different rooms can combine to form a Minyan if they can see each other. Thus, according to this opinion, if five men are in one room and five other men are in an adjoining room with an open door, or with just an arch without a door, they can form a Minyan since they can all see one another. This is the view taken by the Abi Ezri (Rav Eliezer Ben Yoel Ha'levi, Germany, 12 th century) and the Rashba (Rav Shlomo Ben Aderet of Barcelona, Spain, 1235-1310). These Rishonim compare the laws regarding a Minyan to those that apply to a Zimun for Birkat Ha'mazon. Just as people seated in different room can nevertheless combine to form a Zimun if they can see each other, the same is true of ten men who wish to form a Minyan. By contrast, the Or Zarua (Rav Yishak of Vienna, 13 th century), based on the ruling of the Rashbash (Rav Shlomo Duran, Algiers, 1400-1467), maintained that visibility does not affect the status of men situated in different rooms. Even if they can see each other, they cannot form a Minyan if they are not together in the same room. The Hida (Rav Haim Yosef David Azulai, 1724-1806) understood the Bet Yosef as siding with this stringent view, and, indeed, this is the opinion accepted as Halacha. Therefore, ten men in two separate rooms cannot form a Minyan even if they can see each other. This Halacha becomes very relevant at Shiba homes, Heaven forbid. Sometimes, if the living room is small, some of the men stand in other rooms, such as the kitchen, or in the hallway. Minyanim held in offices, too, often lack space, and the participants thus do not always stand in the same room. It must be assured that at least ten men are situated in the same room, and then the others can spread out into the hall or into other rooms. If ten men are in the same room, then they form a Minyan even if they do not all see each other. If there are pillars or pieces of furniture that obstruct their view, they still form a Minyan, since they are all situated in the same room. The Minhat Yishak (Rav Yishak Weiss, 1902-1989) addresses the case of a synagogue that expanded its sanctuary by removing a wall, combining it with the room next to it, but support pillars needed to be left in place, and they form what resembles a doorway. He ruled that since the pillars were not intended to form a separation, the resulting large room may be considered a single room with respect to the formation of a Minyan. Hence, a Minyan can be formed by ten men in the large room even if they are interspersed throughout the area that appears as two separate rooms. The Minhat Yishak also addressed the common situation of a synagogue that was planned from the outset to have a portable divider that is sometimes put in place to separate the sanctuary into two separate areas. Since the initial plan was for the area to be occasionally separated, the Minhat Yishak writes, the two sections are treated as separate rooms. Therefore, when a Minyan is formed there, at least ten men must gather in one section, and then the others can position themselves in the other section. Summary: For a Minyan to be formed, ten men must be situated together in the same room. If they are in separate rooms, they do not form a Minyan even if they can see each other. Once ten men are together in one room, others who are in the hallway or in a different room can join them and thus be considered as praying in a Minyan.

As we've seen in previous installments, the Hazzan at Arbit may proceed to Kaddish after the Amida as long as at least six men (including him) have completed the Amida. During the other prayers, when the Amida is repeated, the Hazzan should wait for at least nine people (including him) to complete silent Amida before beginning the repetition (unless there is an urgent time constraint). Ideally, the Hazzan should wait for everyone in the synagogue to complete the Amida, in order to give them all the opportunity to fulfill the Misva of responding to Kaddish or to the repetition. Although the Hazzan is technically permitted to begin as long as the minimum required number of men are responding, nevertheless, he should, ideally, wait for everyone in attendance to finish. In practice, though, the interest in giving everyone the opportunity to respond must be weighed against the concern of "Torah Sibur" – causing undue inconvenience to the congregation. Halacha accords significant weight to this consideration, to ensuring that the prayer service does not become too difficult an imposition. Waiting for everyone to finish the silent Amida – especially in a large congregation – can often cause an unreasonable delay. Moreover, an individual who chooses to recite the Amida very slowly should not be given the power to delay the entire congregation by making the Hazzan wait for him to finish. Thus, common sense is needed to carefully balance these two conflicting interests – the interest in giving everyone the opportunity to respond to Kaddish or the Hazzan's repetition of the Amida, and the interest in not inconveniencing those who have admirably taken time from their busy schedules to pray with a Minyan. The Hazzan should try to wait for as many people to finish as reasonably possible, without causing a delay that turns the prayer service into a burden.

Often, when a small Minyan is praying, one or several of the men in attendance take longer than the others to complete the Amida. The question then arises as to whether or not the Hazzan must wait for ten men to finish before proceeding to Kaddish – in the case of Arbit – or to the Hazara (repetition of the Amida), in the case of Shaharit, Minha or Musaf. And, if the Hazzan does not need to wait for ten men, what is the minimum number of men that must have completed the Amida before the Hazan may begin? The Poskim discuss this question at length, in light of seemingly contradictory rulings of the Shulhan Aruch. In one context (Orah Haim 55:6), the Shulhan Aruch writes that a person who is still reciting the Amida, or even sleeping, may be counted toward the Minyan. Elsewhere (Orah Haim 124:4), however, the Shulhan Aruch warns that at least nine men must be listening attentively to the Hazan's repetition of the Amida and answering Amen, and if not, the Hazan's blessings might be considered Berachot Le'batala (blessings recited in vain). Rav Zalman of Liadi (founding Rebbe of Lubavitch, 1745-1812) reconciles these rulings by drawing a distinction between Arbit and the other prayers. During Arbit, the Hazan does not repeat the Amida, and the issue is thus only the recitation of Kaddish. The Shulhan Aruch allows reciting Kaddish if ten men are present even if one of them is still reciting the Amida, and so at Arbit, the Hazzan may proceed to Kaddish once eight men – besides him – have completed the Amida. During the other prayers, however, the Hazzan repeats the Amida, and this requires at least nine men who are listening and responding "Amen" to the blessings. Therefore, during Shaharit, Musaf and Minha, the Hazzan may not begin the Hazara until nine other men have completed the silent Amida and are able to answer "Amen." This approach is taken also by the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) and the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939). Hacham Ovadia Yosef, however, disagreed. From the comments of Maran (author of the Shulhan Aruch) in the Bet Yosef, Hacham Ovadia noted, it emerges that in his view, a person who is reciting the Amida may be included in the Minyan even for the Hazan's repetition of the Amida. As for the Shulhan Aruch's remark that nine men must be listening attentively to the Hazara, Hacham Ovadia cited the Derisha as clarifying that the Shulhan Aruch does not actually require nine men to be listening and responding to the Hazara. Indeed, the Shulhan Aruch wrote not that the Hazan's blessings are in vain if nine men are not listening and responding, but rather that they are "close to being recited in vain." The Derisha draws further proof from the Halacha allowing the Hazan to continue the repetition of the Amida if some of the ten men left the synagogue. As long as nine other men were present when he began the Hazara, he may continue and complete the Hazara after the Minyan was lost (as long as at least six remain). This compellingly proves that it is not necessary for nine men to be listening to the Hazan's repetition of the Amida. Hacham Ovadia likewise cited Hacham Yishak Attia (Aleppo, Syria, 1755-1830) as explaining that the Shulhan Aruch warned that people who do not listen and respond to the Hazan's repetition are denigrating the blessings he recites, as though they recite blessings in vain. He did not mean that the Hazan cannot recite the Hazara with fewer than nine people listening and responding. Accordingly, Hacham Ovadia concluded that even during Shaharit, Minha or Musaf, the Hazzan does not need to wait for nine men (besides him) to complete the Amida before beginning the repetition. Even if only eight have completed the Amida, the Hazan may proceed to the Hazara. Of course, it is preferable to wait for everyone to finish – both in the interest of satisfying the stringent opinion, and to give everyone the opportunity to recite Nakdishach. But if the ninth man is taking a long time to finish the Amida, the Hazzan is not required to wait for him. Interestingly enough, although – as we saw – the Ben Ish Hai rules stringently with regard to the repetition of the Amida, he seems to have changed his mind in a later work – Mi'kabse'el. There he writes that in a situation of necessity, where the tenth man recites an excessively long Amida, and the others cannot wait, there is room to allow the Hazzan to begin the Hazara with only eight men listening and responding. This resembles Hacham Ovadia's ruling, though Hacham Ovadia allowed the Hazzan to begin with only eight men listening even when this is not a dire necessity. By contrast, the Hida (Rav Haim Yosef David Azula, 1724-1806) maintained that the Shulhan Aruch cites two different opinions, which are disagreement with one another. The Hida concluded that we may follow the lenient position, and allow the Hazzan to begin even if one of the ten men is still praying the Amida, both at Arbit and when the Amida is repeated. In the opposite direction, Hacham Bension Abba Shaul (Jerusalem, 1924-1998) asserted that the Shulhan Aruch changed his view on the matter, and he followed the stringent view. According to Hacham Bension, then, the Hazzan must wait for nine other men to finish the Amida not only during Shaharit, Minha and Musaf, but even during Arbit, when there is no repetition of the Amida. Since Halacha follows the view that a person reciting the Amida does not count toward a Minyan at all, the Hazzan may not even recite Kaddish if one of the ten men in the synagogue has yet to complete the Amida. Another issue addressed by the Poskim is the minimum required number of men who have completed the Amida. Assuming that a person who is still reciting the Amida may be counted (whether it's only in Arbit, or in any prayer, depending on the different views cited above), does this apply only if the ninth man (besides the Hazzan) is still reciting the Amida? Or can we allow the Hazzan to begin even if several men are still reciting the Amida? Rav Levi Ibn Habib (Jerusalem, c. 1480-c. 1545) maintained that Halacha draws no distinction between a situation where one person has yet to complete the Amida, and a case of several people who are still reciting the Amida. As long as at least five men in addition to the Hazzan have completed the Amida, the Hazzan may proceed. By contrast, the Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) was of the opinion that this discussion pertains only to the case where eight men, not including the Hazzan, have completed the Amida, but the tenth man has not. According to the Magen Abraham, this Halacha cannot be extended to a case where fewer than eight men (besides the Hazzan) have completed the Amida. Hacham Ovadia's view on this matter is not entirely clear. With regard to Arbit, he writes that as long as five men besides the Hazzan have completed the Amida, the Hazzan may begin Kaddish, since a majority of a Minyan – six men – have finished. In discussing the case of the other prayers, however, he speaks only of a situation where eight men besides the Hazzan have completed the Amida, but the tenth has yet to finish. The implication of his wording is that when it comes to the repetition of the Amida, Hacham Ovadia did not go so far as to allow the Hazzan to begin when fewer than eight other men have completed the Amida. However, Hacham David Yosef, in Halacha Berura, asserted that in Hacham Ovadia's view, there is no distinction between Kaddish and the Hazara in this regard, and therefore, even if only five men besides the Hazzan have completed the Amida, the Hazzan may begin the Hazara, just as with regard to Kaddish at Arbit. Rav Yisrael Bitan cites the work Netivot Ha'haim as claiming that he heard Hacham Ovadia issue this ruling verbally. In conclusion, Rav Bitan concludes that there is certainly room to permit the Hazan to begin the Hazara if only five men besides him have finished the Amida. (We might add that often, those who have yet to complete the Amida have already reached the end, where additional personal prayers are recited, at which point they may respond to Nakdishach. This gives us an additional basis for leniency.) However, Rav Bitan added, this leniency should be relied upon only when absolutely necessary. Otherwise, the Hazan should not begin the repetition until at least eight other men have completed the Amida. Summary: If there are only ten men in a Minyan for Arbit, the Hazzan may begin the Kaddish after the silent Amida as long as at least five other men – besides him – have completed the Amida. At all other prayers, when the Hazzan repeats the Amida, he should not begin the repetition until at least eight men – besides him – have completed the Amida. In situations of great need, he may begin the repetition even if at least five men – besides him – have completed the Amida. Of course, it always preferable to wait to allow the others to respond to Kaddish or to the repetition.

A person who does not observe Yom Tob, but observes Shabbat, can be counted toward a Minyan. One who violates Yom Kippur, however, is akin to a Shabbat violator. As discussed in a previous installment, the status of a public Shabbat violator vis-à-vis being counted for a Minyan is subject to considerable debate and discussion. A member of the Karaite sect cannot be counted for a Minyan. This sect acknowledges the written text of the Torah as divine law but rejects the authority of the Torah She'be'al Peh – the oral tradition interpreting the Torah. Thus, for example, the Karaites wear Tefillin between their eyes, because they follow the literal meaning of the requirement to wear Tefillin "Ben Enecha" ("between your eyes"), rejecting the Sages' understanding that this refers to the spot on the top of the head parallel to the area between the eyes. Likewise, they follow the literal meaning of the Torah's command not to kindle a flame on Shabbat (Shemot 35:3), and so they keep the lights and heating off on Shabbat, sitting in the dark and cold and eating cold food. We, who accept the Rabbis' interpretation of this verse, as forbidding only the act of kindling on Shabbat, but not having a preexisting flame, specifically make a point of lighting candles before Shabbat to illuminate the home, and of eating hot dishes on Shabbat. Since Karaites heretically deny the authority of our oral tradition, they are considered gentiles with respect to a Minyan, and cannot be counted. Needless to say, if a Karaite or any other kind of heretic or sinner performs Teshuba, they are treated as full-fledged observant Jews and certainly count for a Minyan. An observant Jew who does not read Hebrew, and thus cannot pray, may be counted toward a Minyan, as long as he understands the concept of Tefilla. If, for example, a Jew who did not receive a religious education becomes a Ba'al Teshuba and begins observing the Misvot, then he may be counted as one of the ten men for a Minyan even though he did not yet learn Hebrew and is thus still unable to recite the prayers.

The Shulhan Aruch (Orah Haim 99:1) rules that if a person has become inebriated such that he cannot articulate his words properly, and is not fit to appear before a king, then he may not pray, and if he does pray in such a condition, his prayer is considered an "abomination." The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) cites the Bet Yehuda (Rav Yehuda Ayash, Algeria, 1700-1759) as ruling that a person in this state cannot be counted toward a Minyan. Interestingly, the Ben Ish Hai adds that since people in such a condition do not necessarily appear drunk, it is important to ensure that the ten men who comprise a Minyan are in fact sober and worthy of being counted. Hacham Ovadia Yosef, however, noted that this is not, in fact, what the Bet Yehuda wrote. The Bet Yehuda wrote that a person cannot be counted toward a Minyan if he had reached the point of "Shichruto Shel Lot" – the level of intoxication reached by Lot, who was so inebriated that he had intimate relations with his daughters, as he did not recognize them. It is only if a person is drunk to this extent, that he is entirely unaware of what is happening and is not thinking straight at all, that he may not be counted toward a Minyan. Such a person is exempt from Misvot due to his temporary state of mental impairment, and so he cannot be counted toward a Minyan. If, however, a person is merely tipsy, then although he should not pray, he may nevertheless be counted toward a Minyan. Hacham Ovadia noted that even somebody who is asleep can be counted toward a Minyan, so certainly somebody who is drunk can be counted, as long as he has not reached the point of "Shichruto Shel Lot." Apparently, Hacham Ovadia writes, the Ben Ish Hai saw a faulty edition of the Bet Yehuda which mistakenly stated that even mild inebriation disqualifies a person from being counted. Hacham Ovadia noted that a number of other Poskim also cited the Bet Yehuda as disqualifying even a mildly inebriated person, as they, too, evidently used the faulty edition of this work. The Mishna Berura writes that if necessary, a mentally challenged individual may be counted toward a Minyan if he has enough understanding to pray properly and recognize that he prays to Hashem. If there is no other option, then such a person may be counted. Rav Yisrael Bitan writes that this would apply also to a mildly inebriated individual, who may be counted toward a Minyan when necessary. This situation often arises on Purim, when people drink and become inebriated. Summary: A person who is so drunk that he is entirely unaware of what he is doing may not be counted toward a Minyan. If a person is tipsy and cannot enunciate his words properly, then he should not pray, but he may be counted toward a Minyan, especially if he is needed for forming the Minyan.