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==Importance ==
A person should make a great effort to daven in a [[minyan]] because of the tremendous holiness of [[Davening|davening]] in a [[minyan]] and because when one prays in a [[minyan]] one's Tefillot are accepted before Hashem.<ref>Shulchan Aruch .C. 90:9 writes that a person should make a serious effort to daven with a [[minyan]] and one is only exempt to do so in extenuating circumstances. Mishna Brurah 90:28 emphasizes the importance of [[Davening|davening]] with a [[minyan]] and that the most important part of [[Davening|davening]] with a minayn is [[Shmoneh Esrei]]. Kitzur Shulchan Aruch 12:7 writes that Hashem does not reject the [[Tefillah]] of a congregation even if there are wicked people in the congregation. See Halichot Shlomo (chapter 5 note 52 pg 66) who records an incident in which for health reasons a certain person was only able to leave the house once a day and Rav Shlomo Zalman said he can use that one time to go to work instead of going to daven in a [[minyan]] because being social will make him feel better.</ref> Some hold that there is a rabbinic obligation to go to a minyan and joining is a biblical mitzvah in the enhancement of one's Tefillah,<ref>Igrot Moshe OC 4:68 explains that it is forbidden to daven a Tefillah in a place where one knows that one won't be answered. Since davening with a minyan is a certain way to increase the ability of one's Tefillah to be answered (Brachot 8a) it is considered a biblical enhancement of Tefillah to daven with a minyan. However, the actual obligation to go out of one's way to go daven in a minyan is only rabbinic (Pesachim 46a). See Igrot Moshe OC 1:31, 2:27, and 3:7. [https://www.torahanytime.com/#/lectures?v=59069 Rav Yitzchak Yosef (Motzei Shabbat Shemini 5778 around min 15)] explained that going to a minyan is an obligation and Shulchan Aruch's language is only meant to exempt someone sick.</ref> while others hold it is a very important religious value that one should not forgo but not an absolute obligation.<ref>The Netsiv in Meromei Sadeh 6b s.v. kol writes that someone who always goes to a minyan it is considered a good practice that after doing it consistently it is an obligation upon to keep it like a vow. [https://www.yutorah.org/sidebar/lecture.cfm/884871/rabbi-hershel-schachter/berachos-9-6ab-tefillah-betzibbur-echad-hashem-s-tefillin-min-hamuttar-beficha-shaveh-kessef-makom-kavua-davening-direction/ Rav Hershel Schachter (Brachot Shiur 9 beginning)] explained that the Netsiv holds that there's no rabbinic obligation to daven in a minyan, however, being that one's Tefillah stands a better change of being answered in a minyan (Brachot 8a) it is very important value to daven in a minyan. [http://web.colby.edu/coronaguidance/files/2020/04/Weiss-Minhat-Asher-Coronavirus-Lessons-and-Responsa.pdf Minchat Asher 2:23] writes that davening in a minyan isn't an absolute obligation but one should endeavor with all of one's ability to daven with a minyan.</ref>
# A person should make a great effort to daven in a minyan because of the tremendous kedusha of Davening in a minyan and it’s ability to be accepted before Hashem. <ref>S”A 90:9 writes that a person should make a serious effort to daven with a minyan and one’s only exempt if there’s extenuating circumstances. Mishna Brurah 90:28 emphasizes the important of Davening with a minyan and that the most important part of Davening with a minayn is Shemona Esreh. See Halichot Shlomo (chapter 5 note 52 pg 66) records that for health reasons a certain person was only able to leave the house once a day and Rav Shlomo Zalman said he can use that one time to go to work instead of going to daven in a minyan because being social will make him feel better. </ref>
# A Person should make a great effort to daven with a minyan and there’s a tremendous level to Davening with a Tzibbur in having one’s Tefillah accepted in heaven. <Ref>S”A 90:9, Mishna Brurah 90:28 </ref>
==Who counts for a minyan? ==
# You need ten adult males in order to say kaddish, kedusha, borchu etc... <ref> S"A 55:1 </ref>
## If you have ten adult males but four of them already davened, you are still able to say kaddish, borchu, kedusha etc... <ref> S"A 69:1 Mishna Brurah 69:8, Yalkut Yosef (90:14, Sherit Yosef 2 pg 341) </ref>
==Missing a Minyan for business ==
# It’s permissible to miss a minyan in order to prevent a loss of money, however it’s forbidden if it’s just a loss of a potential profit. <Ref>Mishna Brurah 90:29 </ref>
==Missing a Minyan for vacation ==
# A person shouldn’t travel from a place where there’s a minyan to a place where there’s no minyan unless there’s a serious health need, parnasa (financial support for oneself and family) need, or mitzvah need. <Ref> Halichot Shlomo (5:4 pg 61) writes that for parnasa, health, or mitzvah needs one may travel to a place where one won’t be able to find a minyan.
* Theoretical discussion: [Rav Zalman Nechemyah Goldberg (Halichot Shlomo (page 72 and 358) at first writes that seemingly it would be permissible to put oneself in a situation where one will be without a minyan as long as the time for that tefillah didn't arrive similar to the Baal HaMoer who permits boarding a boat 3 days before Shabbat even if one will need to violate Shabbat for Pikuach Nefesh. (The reason for 3 days is that there is an extension of Shabbat into the last three days of the week, however, the obligation of tefillah only applies at the time of prayer). However, he strongly rejects this by saying that putting oneself in a situation of missing praying with a minyan because it would be out of one's control to get a minyan in one's destination is totally dissimilar to violating Shabbat for Pikuach Nefesh which is permitted. He says that going to such a place is like not building a sukkah for sukkot and trying to claim that it's out of one's control to sit in the sukkah. He continues that perhaps the exemption from traveling more than a mil to find a minyan isn't because that it's out of one's control but that the obligation of minyan was removed by chazal for someone at such a distance similar to someone beyond a certain distance at the time of korban pesach, then perhaps there wouldn't be a prohibition to put oneself in such a situation. He leaves the question whether there's an obligation to find oneself in a place where there's a minyan (before the time of tefillah) unanswered, nonetheless, it's certain that the correct righteous practice would be not to put oneself in such a situation.] [http://www.yutorah.org/lectures/lecture.cfm/743095/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Minyan:_Cake_or_Icing Rabbi Aryeh Lebowitz] explained that this question would be dependent on another dispute whether davening in a minyan in an absolute obligation or a added feature to davening. </ref> However one should not go on a tiyul (trip) if it means missing praying with a minyan. <Ref>Rav Nevinsal in BeYitzchak Yikra 90:18 </ref>


==Missing minyan in order to host guests==
==Being Enthusiastic to Go to Minyan==
# Don’t leave a guest in order to go daven because welcoming guests (hachsanat orchim) overrides davening in a minyan. <Ref>Halichot Shlomo (chapter 5 note 25 pg 66) </ref>
# It is praiseworthy for one to run to shul<ref> Ben Ish Chai (Perashat Miketz, 2) </ref>, demonstrating one's eagerness to do mitzvot.
==Missing Minyan in order to daven vatikin==
==Where to Go to Minyan==
# Someone who usually davens Vatikin should daven vatikin even if one day he can’t get a minyan. <Ref>Halichot Shlomo 5:17 </ref>
# If one has the choice of going to a closer shul or a farther shul, one may choose the latter option, as one gets more reward for one's journey (<i>Sechar Pesiot</i>, but one must understand that it comes at the opportunity cost of Talmud Torah and could possibly entail Shmiras Eynayim issues.<ref>Yechave Daat 2:9, note the Torah Lishmah quotes that one only gets extra Sechar Pesiot for walking, not driving.</ref>
==Missing minyan because one is sick==
# There is a principle that a person should be very careful that a person doesn't delay the congregation unnecessarily. This concept is called ''Tircha Dtzibur''. It applies to a Shaliach Tzibur who is davening slowly purposefully to hear himself sing.<ref>Rashba Teshuva 1:215 cited by Bet Yosef 53:11</ref>
# One is only exempt in cases of extenuating circumstances such as someone not feeling well and even in such a case one should pray at the time of the Tzibbur. <Ref>S”A 90:9, Mishna Brurah 90:29 </ref>
# It is better to daven in a shul with a minyan than a bet midrash without a minyan.<ref>Radzav 4:18</ref>
==Missing minyan because of learning==
# It is better to daven in a shul with a minyan that is larger than a bet midrash with a smaller minyan because of ''brov am hadrat melech'' (Heb. ברוב עם הדרת מלך; lit. with the multitude of people the king is honored).<ref>Radzav 4:18</ref>
# For someone who’s learn is his “occupation” meaning that one doesn’t waste anytime from learning except for the absolutely necessary activities, may daven not in a minyan from time to time, however, nowadays using this leniency is highly discouraged. <Ref>Rama 90:18, Mishna Brurah 90:56, Piskei Teshuvot 90:23 writes that this leniency is discouraged but there is what to rely on and quotes the son of the Chafetz Chaim who writes about his father when writing the Mishna Brurah would go ten hours at a time learning without eating or even stopping for mincha. </ref> Therefore, even if one is involved in learning one should make sure to daven with a minyan and there’s an added seriousness for such a person to daven with a minyan so that others don’t judge him incorrectly or mistakenly learn that minyan is unimportant. <Ref>S”A 90:18, Mishna Brurah 90:29, 57, See Sh”t Igrot Moshe 2:27 regarding missing minyan for learning  </ref>
# If one came late to the set minyan and going to a later one will cause you to miss learning in a chevruta. <Ref>Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan. Halichot Shlomo 5:16 adds that even if one will only miss learning with a chevruta one shouldn’t go to the minyan; BeYitzchak Yikra (Rav Nevinsal) 90:18 writes that if a student in a yeshiva eats and sleeps by the yeshiva it’s an imperative to daven in the Yeshiva minyan and it’s forbidden to daven even in a holier place such as by the kotel because of Mitzvah HaBah BeAvierah! </ref>
# If it’s going to cause a loss of teaching Torah in public such as if one will miss giving a public shuir, one should miss minyan in order not to miss that opportunity. <Ref>Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan.</ref>


==Coming to Minyan Early==
# One should make an effort to be one of the first ten people for the [[minyan]].<Ref>Shulchan Aruch 90:14</ref>
==What Parts of Davening Require there to Be a Minyan?==
# A congregation may not say [[Kaddish]], [[Kedusha]], or [[Barchu]] with less than a [[minyan]], meaning a quorum of ten adult men.<ref>Shulchan Aruch 55:1</ref>
## If there is a [[minyan]] of ten adult males, but four of them already davened, the congregation may still say [[Kaddish]], [[Barchu]], and [[Kedusha]].<ref> Shulchan Aruch 69:1 Mishna Brurah 69:8, Yalkut Yosef (90:14, Sherit Yosef 2 pg 341) </ref>
# According to the halacha, it is permissible to start [[Chazarat HaShatz]] even if 4 people in the [[minyan]] are still [[davening]] the silent [[Shmoneh Esrei]]. However, it is better to wait until there are ten who are able to answer before starting [[Chazarat HaShatz]].<ref>Halacha Brurah 55:18-9, Mishna Brurah 55:32</ref>
==What is Considered Davening with a Minyan?==
===Davening another Shemona Esrei than the Congregation===
#  Is davening Shemona Esrei when the tzibur is davening a different Shemona Esrei is that considered tefillah btzibur? Many achronim that it is considered tefillah btzibur, while many others disagree.<ref>
* Magen Avraham 90:16 and 236:3 writes that if someone is davening Mussaf while the congregation is davening Shacharit it isn't considered tefilah btzibur and not even considered to be the same time as when the tzibur is davening. His proof is from Avoda Zara 4b that forbad davening Mussaf on Rosh Hashana at home within the first three hours of the day when the Tzibur is davening Shacharit in Shul. However, the Eliya Rabba 236:7 argues that it is considered tefillah btzibur if you are actually in the shul. Tzlach Brachot 6a writes that even the Magen Avraham would agree with the Eliya Rabba if he was actually in the shul together. Magen Giborim A"H 90:14, Pri Megadim M"Z 236:4, and Mishna Brurah 90:30 agree. Salmat Chaim 113 agrees with the Tzlach but see the footnote which understands that he never meant that. Tzitz Eliezer 14:6 reprints a letter from Rav Tzvi Pesach Frank which accepts the Mishna Brurah as holding that it is completely tefillah btzibbur.
* Rav Yitzchak Elchanan in Bear Yitzchak 20 proves from the Yerushalmi Brachot 4:6 that the Magen Avraham is correct that it isn’t considered tefillah btzibur even if you’re in the same shul davening together with them a different Shemona Esrei unlike the Tzlach. Tzitz Eliezer 13:38 agrees. Igrot Moshe OC 4:68 argues with his proof but agrees with the Magen Avraham. Halacha Brurah 90:26 cites the dispute. Halacha Brurah proves that the Tzlach is incorrect because of the Magen Avraham 236:3.
* See Dirshu 90:32 who cites the Chavaselet Hasharon 2 and Orchot Rabbenu v. 1 p. 51 that even the Tzlach never meant that it is considered tefillah btzibur. </ref>
# Someone from Diaspora who is davening a weekday Shemona Esrei with an Israeli minyan on the second day of Yom Tov that is considered Tefillah Btzibur.<ref>Yom Tov Sheni Khilchato (9:6 cited by Dirshu 90:32) quoting Rav Shlomo Zalman Auerbach and Rav Elyashiv</ref> In the opposite case with an Israeli in the Diaspora davening a weekday Shemona Esrei with the congregation davening a Yom Tov Shemona Esrei is a dispute if that is Tefillah Btzibur.<ref>Yom Tov Sheni Khilchato (ch. 3 fnt. 43-5, cited by Dirshu 90:32)</ref>
===Starting after the Congregation Started===
# Some hold that even if the Tzibbur is in the middle of Shemona Esrei and one starts one's silent Shemona Esrei that is considered Tefillah Btzibbur.<ref>Igrot Moshe OC 3:4. Yalkut Yosef 90:9:17 quotes the dispute between Igrot Moshe and Pri Megadim 109:2.</ref>
#If the congregation is still reciting the first bracha when one starts that it is considered tefillah btzibbur.<ref>Betzel Chachma 4:3</ref>
#If the congregation already started and is in the middle of the shemona esrei if someone starts at that point some hold that it isn't considered tefillah btzibbur.<Ref>Pri Megadim E"A 109:2. Some ask why should a person who arrives late and the congregation already started shemona esrei shouldn't start his shemona esrei right then if he won't be able to finish before the congregation reaches kedusha or modim (Brachot 21). Isn't tefillah btzibbur greater than kedusha or modim? Pri Megadim E"A 109:2 answers that since the congregation already began he lost the oppurtunity for tefillah btzibbur either way. Pri Tevuah 68 (cited by Yabia Omer 2:7:4) holds that starting even during the chazarat hashatz immediately after modim is considered tefillah btzibbur and therefore waiting doesn't jepordize tefillah btzibbur. Amudei Esh 3:7 cited by Yabia Omer on the other hand holds like the Pri Megadim.</ref>
#If someone starts when the congregation starts even if one doesn't finish until after they reach kedusha it is considered tefillah btzibbur.<ref>Mishna Halachot 13:12, Betzel Chachma 4:3. Mishna Halachot explains that tefillah btzibbur is judged by the beginning of one's shemona esrei and references Tosfot Brachot 7a s.v. ilmaleh.</ref>
#If someone starts together with the shaliach tzibbur's recitation of chazarat hashatz many consider that tefillah btzibbur.<ref>Betzel Chachma 4:3, Yabia Omer 2:7:4 citing Eshel Avraham Butchach 52:1 and Kaf Hachaim 90:63, Yalkut Yosef 90:9:16. Betzel Hachachma 4:3:8 quotes Chazon Ish 19:7 s.v. echad, Chatom Sofer (Likutim 3), and Shulchan Hatahor 109:1 who hold that it is tefila btzibbur, but also cites Rav Chaim Zonenfeld (Salmat Chaim 1:30) who questions if it is exactly like tefila btzibbur.</ref> If someone is saying the shemona esrei together with the shaliach tzibbur on a fast day and they get up to Anenu he should be quiet and listen to the shaliach tzibbur's bracha. However, when he gets up to shema kolenu he shouldn't skip it even if though it means he's going to fall behind the shaliach tzibbur.<ref>[https://www.torahanytime.com/#/lectures?v=154795 Rav Yitzchak Yosef (Motzei Shabbat Balak 5781 min 47-52)] quoting Chesed Lavraham</ref>


===Davening with Four Who Prayed Already===
# If there are less than ten who are obligated to pray Shemona Esrei as long as they can get majority of the minyan who has not yet prayed they are allowed to pray together to recite [[Dvarim Shebekedusha]]. However, there is a dispute whether that is considered as davening together with a congregation, ''tefillah btzibbur''. Some say that unless all ten are praying Shemona Esrei it is not tefillah btzibbur.<ref>Igrot Moshe OC 1:28-30 based on Chayei Adam 19:1 and other sources. He explains that in order to daven as a congregation everyone needs to be davening. Using a majority doesn't create a quorum, which is a reality created by ten davening together. Dvarim Shebekedusha has a requirement of ten Jews present and majority who are obligated can satisfy that requirement. Dirshu 69:8 quotes that the Brisker Rav (Teshuvot Vehanhagot 1:102) and Steipler (Orchot Rabbenu v. 1 p. 51) agreed with Rav Moshe.</ref> Others hold that it is considered tefillah btzibbur.<ref>Yachava Daat 5:7, Chelkat Yakov 1:20:2, Betzel Chachma 4:135, and Minchat Yitzchak 9:6-7. The primary proofs are the Rambam Tefillah 8:4, Mishna Brurah 69:8, and Pesachim 64b. Minchat Yitzchak recommends being strict when possible.</ref>


==References==
===Davening in an Adjacent Room===
[[Image:Fenceminyan.jpg|250px|right]]
# If there is a minyan in one room and one is davening in an adjacent room he can answer their kaddish, kedusha, and barchu, and according to many poskim his davening is considered tefillah btzibbur as long as he can hear them. This is true even though he couldn't be counted towards the primary ten for the minyan.<ref>Meiri Pesachim 85b s.v. umitoch, Aruch Hashulchan 55:23, Chazon Ish (Orchot Rabbenu v. 3 p. 208), [https://www.hebrewbooks.org/pdfpager.aspx?req=22684&st=&pgnum=135 Shraga Hameir 8:77:6], [https://www.yutorah.org/sidebar/lecture.cfm/899415/rabbi-hershel-schachter/berachos-100-49b-50b-ya-aleh-veyevo-in-retzeh-how-to-be-mezamen-zimmun-lemafrea-grape-juice/ Rav Hershel Schachter (Brachot Shiur 100, min 38)], Rav Yisrael Reisman (RJJ v. 75 p. 20). Chazon Ish thought that if someone is in a room close to the shul with the minyan inside and he hears them davening he can daven with them and it is considered tefillah btzibbur. Aruch Hashulchan 55:23 and Shraga Hameir 8:77:6 agree. However, it seems that Radvaz 2:650 disagrees. Towards the beginning he notes that if someone is in a room that is considered sufficiently part of the shul he doesn't count the ten for the minyan and he is not davening tefillah btzibbur. However, he does consider a room with no other entrance besides the shul to be an extension of the shul and someone davening there would count for the minyan. Mishna Brurah 55:58 cites this Radvaz as saying that someone in another room does not join for a minyan unless that smaller room is majority open to the larger room or there are no other entrances to that room. He seems to be at odds with the Chazon Ish and Aruch Hashulchan. Otzar Halachot v. 1 p. 330 and Orchot Rabbenu note this dispute between the Radvaz and Aruch Hashulchan. Similarly, Mishna Brurah 55:52 quotes those who say that if you disagree with the Rashba and seeing into the minyan is not considered sufficient to join for the ten of the minyan, it is not considered tefillah btzibbur. Rav Shlomo Zalman Auerbach in Halichot Shlomo (Tefillah p. 64) writes that someone standing in the lobby of the shul is not considered davening tefillah btzibbur even though he could hear them unless he can see them. Even seeing them isn't so great since it is a big dispute if he could join for a minyan that way. Rav Shlomo Zalman notes that it is not clear in the rishonim and perhaps Tosfot r"h 27b think unlike the Aruch Hashulchan but the Meiri Pesachim 85b s.v. umitoch seems to be a proof for the Aruch Hashulchan. Kaf Hachayim 55:73 seems to be lenient as long as you can hear the minyan.</ref> Many others disagree and do not consider it to be davening tefillah btzibbur unless you are able to join for a minyan in the same room.<Ref>Chayey Adam 30:1, Mishna Brurah 55:52, Mishna Brurah 55:28 citing Radvaz, Halichot Shlomo (ch. 5 Dvar Halacha fnt. 18). Mishna Brurah 55:52 quotes those who say that if someone is davening in the women's section they should come down to the main men's section in order to fulfill tefillah btzibbur.</ref>
# If there is a larger room and a smaller room completely open to that larger one if the majority of the minyan is in the large room that is considered one minyan. If the majority of the minyan is in the small room they don't combine.<ref>Gemara Eruvin 92b. Tosfot 92b s.v. Tisha explains that the gemara is relevant to joining together for a minyan. Shulchan Aruch O.C. 55:16 quotes this gemara as the halacha.</ref>
# Some say that as long members of the minyan can see each other they can join together for a minyan.<ref>Shulchan Aruch O.C. 55:14.
* Can you join people in two rooms to make a minyan? The Gemara Eruvin 92b indicates that if there’s a majority of the minyan in a large room and the minority of the minyan in a room that is almost completely open to the large room they can join for a minyan. Barring those two conditions people in two rooms or two houses can’t join for a minyan. However, in terms of answering a dvar shebekedusha if there is a minyan in one place, those standing in another room can answer since there is a minyan in the place of the dvar shebekedusha. This is also the opinion of Tosfot Pesachim 85b s.v. vchen, Tosfot Harosh Sotah 38b s.v. umechitza, Tosfot Eruvin 92b s.v. tisha, Rashba Eruvin 92b s.v. eika, Ritva Eruvin 92b s.v. vhikshu, Ritva r"h 27b s.v. vha, and Ran r”h 27b s.v. mishna. Tosfot Sotah 38b s.v. mechitza seems to agree.
* The Ramban Pesachim 85b s.v. amar doesn’t distinguish between dvar shebekedusha and creating a minyan. In order for people to join together they need to be in the same room or a small room which is almost completely open to a large room. He adds one other case of a courtyard joining to a house independent of the size of the courtyard and the house. It would emerge from the Ramban that a person outside of the room of the minyan can’t even answer dvarim shebekedusha if he’s not where the minyan is. Ritva r”h 27b s.v. vha and Meiri Pesachim 85b quote this opinion and reject it.
* Rashba responsa 1:96 holds that you can join people on the elevated platform bimah with a fence in the middle of the shul with the rest of the shul because that bimah is meant to service the shul and the people on the bimah can see those in the shul and the other way around. Shulchan Aruch O.C. 55:19 quotes the Rashba’s first reason. Shulchan Aruch O.C. 55:14 seems to be premised on the Rashba’s second reason. The Smak (Mitzah 282 cited by Bet Yosef 55:19) has another reason to allowing the shaliach tzibbur to join from the elevated bimah. He says that since the walls of the bimah do not extend up to the ceiling they're not considered a completely different area. Mishneh Halachot 11:64 relies on the Smak's reason alone.
* Biur Halacha 195:1 s.v. shtey cites the Rashbash 37 and Gra who think that you can't adjoin two groups in two houses to create a minyan even for zimmun purposes even if they see each other. Ramban Pesachim 95b also suggests this. Pri Chadash to 55:13, Magen Avraham 55:12, and Shulchan Aruch Harav 55:16 accept the Rashba. [http://web.colby.edu/coronaguidance/files/2020/04/Weiss-Minhat-Asher-Coronavirus-Lessons-and-Responsa.pdf Rav Asher Weiss (Corona Teshuvot 2:25)] held that you can rely on the Rashba to make a porch minyan during corona. Maamar Mordechai 55:14 argues that even Shulchan Aruch does not accept the Rashba. Chida in Machzik Bracha 55:7 follows the Rashbash. Salmat Chaim 51 thinks that we should not rely on the Rashba but someone who does shouldn’t be scorned. Mishna Brurah 55:48 quotes the Magen Avraham and those who accept the Rashba and concludes that some achronim disagree. Kaf Hachayim 55:75 quotes the dispute and writes that one should be strict. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Hershel Schachter (Corona teshuva #14)] thinks that it is not right to rely on those who argue with the Rashba.</ref> One should only rely on this opinion in an extenuating circumstance.<ref>Mishna Brurah 55:57</ref> Some say that even this opinion only allowed it between outside the shul and the shul itself but not the shul and the women's section.<ref>Aruch Hashulchan 55:20, Shevet Halevi 9:20:1. Aruch Hashulchan writes that although someone outside of shul can join with a minyan as long as he can see them but someone in the women's section can't join since that is a completely different room. See [https://www.hebrewbooks.org/media/%D7%AA%D7%A4%D7%99%D7%9C%D7%94_%D7%91%D7%A6%D7%99%D7%91%D7%95%D7%A8_%D7%95%D7%91%D7%A8%D7%9B%D7%AA_%D7%9B%D7%94%D7%A0%D7%99%D7%9D_%D7%91%D7%91%D7%99%D7%93%D7%95%D7%93.pdf Rabbi Tzvi Reisman's article on outdoor minyanim p. 5] as to how to explain the distinction of the Aruch Hashulchan. Shevet Halevi reasons that the Rashba was only lenient when the people see each other and also the area is secondary to the rest of the shul. However, those who are in the women's section, that section wasn't built to be a function of the main shul and therefore they can't combine.</ref>
 
==Conditions to do Chazarat Hashatz==
# If ten individuals davened separately and then joined together afterwards most poskim hold that they can not recite chazrat hashatz since they didn't daven together btzibbur.<ref>Shulchan Aruch O.C. 69:1 holds that they can recite chazarat hashatz even if ten people davened separately and now joined together. However, the Mishna Brurah 69:1 follows the Radvaz and Magen Avraham 69:4 who argue that since they each davened separately there is no way for them to join together afterwards to create a tzibur that is obligated and able to recite chazarat hashatz. See Kaf Hachayim on Shulchan Arukh, Orach Chayim 69:7 who accepts Shulchan Aruch. Tzitz Eliezer 14:6 and Har Tzvi 1:51 accept the Mishna Brurah. Imrei Yosher 2:9 writes that a person has what to rely upon Chatom Sofer who accepts Shulchan Aruch with respect to Kedusha but not Kaddish.</ref>
# If nine people davening Shemona Esrei together and afterwards one person entered they can not recite chazarat hashatz.<ref>Tzitz Eliezer 14:6. This fits with the approach of Mishna Brurah 69:1 based on Radvaz.</ref>
# If there were ten people in the room and six were davening and four were not, they can nonetheless recite chazarat hashatz.<ref>Mishna Brurah 69:8 based on Magen Avraham</ref>
##Even if these six who davened Shemona Esrei started and finished at different times but all overlapped at some point they can recite chazarat hashatz.<ref>Piskei Teshuvot 69:1 citing Minchat Elazar 2:77 and Chelek Levi 45</ref>
##Even if these four people who were not davening some of them left while the six were davening Shemona Esrei and returned or others returned they can still recite chazarat hashatz.<ref>Piskei Teshuvot 69:1 citing Keren Ldovid 16. He explains that since the six started shemona esrei at the same time when 10 people were in the room they were obligated in chazarat hashatz even if someone people left in the middle and came back or were replaced.</ref>
##If some of those six people didn't finish Shemona Esrei, but there are nine people who can answer amen to the shaliach tzibbur they can start the chazarat hashatz without further delay.<ref>Piskei Teshuvot 69:1 citing Minchat Yitzchak 1:57. Keren Ldovid 16 would also permit this.</ref>
## If one of those six people made a mistake by omitting something that they had to because of the day such as Yaaleh Vyavo on Rosh Chodesh and need to repeat Shemona Esrei nonetheless they can recite chazarat hashatz.<ref>Piskei Teshuvot 69:1 citing Eretz Tzvi 1:39</reF>
# If there were ten people in the room and only five or fewer were davening they can not recite chazarat hashatz.<ref>Biur Halacha 69:1 leaves this question unresolved whether according to the Radvaz they are allowed to do chazart hashatz. Tzitz Eliezer 14:6 concludes that they should not do chazarat hashatz.</ref> Others hold that they can.<ref>Rav Meir Arik in Imrei Yosher 2:9 holds that although they may not get into this situation initially and should daven in a proper minyan and hear chazarata hashatz. However, after the fact they can and should recite chazarat hashatz in order to hear kedusha. Piskei Teshuvot 69:1 follows this Imrei Yoshar and quotes others who agree including Tehillah Ldovid 69:2, Minchat Yitzchak 1:57, and Afarsekta Daniya 2:16. Har Tzvi 1:51 based on Maharam Shik 44 and Tzitz Eliezer 14:6 who do not accept this distinction.</ref> The same is true if there were ten people in the room and five davened together and one davens his silent shemona esrei together with the chazarat hashatz aloud that is subject to the above debate if they can do chazarat hashatz.<ref>Imrei Yoshar 2:9</ref>
 
==Who Counts for a Minyan?==
# A minimum of ten Jewish free adult men are necessary to form a [[minyan]]<Ref>Shulchan Aruch, Orach Chayim 55:4
* Can women count for a minyan? The Mor Ukesiah 55 s.v. katuv bmordechai quotes the Mordechai in the name of the Rabbenu Simcha that women can join a minyan of ten. (The actual text of the Mordechai Brachot n. 158 only quotes Rabbenu Simcha regarding zimun of ten and not a minyan.) The Mor Ukesiah concludes that obviously the halacha is like the other rishonim who hold that a woman can not count for a minyan. That is the opinion of the Tosfot Brachot 45b s.v. vha, Tosfot Rabbenu Yehuda 45b s.v. vha, Tosfot Harosh 45b s.v. vha, Rambam . That is the opinion of Shulchan Aruch 55:4. Why?
* Gilyonei Hashas Brachot 45b (quoted by Daf Al Hadaf) explains the reason that women can't join for a dvar shebekedusha is because they don't automatically inherit land of Israel and anyone who doesn't have a part of the land of Israel isn't considered connected to the Kahal Yisrael (Horiyot 6b). He explains that converts can join as a rabbinic enactment.
* Mor Ukesiah 55 s.v. katuv bmordechai explains that women can't count for a minyan because of kavod hatzibur.
* Can women be counted for a minyan for megillah? Meiri Brachot 47b s.v. amar hameiri nashim writes that women count for a minyan for megillah since they are equally obligated in that mitzvah. However, the Tosfot Rabbenu Yehuda 45b s.v. vha and Tosfot Harosh write that women don’t even count for a minyan for megillah.
</ref>.
# Women don't count for a minyan and are exempt from davening in a minyan. See [[Mitzvah_to_Daven#Minyan]] page.
# A child can't be counted for a minyan. There is an opinion who allows counting a child for the tenth person if there are nine other adults. Ashkenazim can rely on that upon in an extenuating circumstance.<ref> Rabbi Yehoshua Ben Levi (Brachot 47b) said that a child can be counted for a minyan. The Rif doesn't quote this statement. The Ramban (Milchamot 35b) explains that the Rif held that it wasn't accepted since the gemara on 48a says we don't follow any of the earlier statements on the topic of minyan and zimmun. Ravyah (cited by Mordechai Brachot 172), Rambam Tefillah 8:4, and Rashba Brachot 48a s.v. veleyt agree. <br>
However, Tosfot 48a s.v. veleyt quotes Rabbenu Tam who held that Rabbi Yehoshua Ben Levi was never rejected. The Ri disagreed and adds that Rabbenu Tam himself never followed his opinion in practice. Rosh Brachot 7:20 and Mordechai Brachot 172 quote the dispute of Rabbenu Tam and Ri and add that Rav Hai Goan agreed with Rabbenu Tam. Baal Hameor Brachot 35b agrees with Rabbenu Tam. (Raavad on Rif implies he disagrees with the Raavad.)
* Orchot Chaim (Tefillah 73) records a story in which the Rabbenu Shimshon put a town in excommunication for disobeying his ruling and counted a child for a minyan. On the opposite extreme, the Kolbo ch. 11 at the end writes that the minhag of all of Yisrael is to count a child for a minyan. Bet Yosef 55:4 writes that this is an exaggeration.
* Tosfot s.v. veleyt writes that even according to Rabbenu Tam you can only count one child and not multiple children. However, the Baal Hameor suggests that you can even count up to four children as long as there are six adults. Mordechai Brachot 172. Magen Avraham 55:5 writes that even in extenuating circumstances we only follow Rabbenu Tam and not the Baal Hameor. Mishna Brurah 55:24 agrees.
* Tosfot writes that there's no advantage to having the child hold a sefer torah because a sefer torah isn't a person and doesn't add anything for a minyan. The Rama 55:4 writes that those who counted a child for a minyan didn't have them hold a sefer torah. Magen Avraham 55:4 writes that in his day the minhag was to count a child specifically holding a sefer torah.
* Shulchan Aruch O.C. 55:4 rules that one can't count a child for a minyan at all. Rama argues that there's what to rely upon in extenuating circumstances.</ref> Many poskim say not to rely on that opinion even in an extenuating circumstance.<ref>Mishna Brurah 55:24 writes that the Levush writes that the minhag is that we never rely on counting a child and also many poskim hold that one shouldn't count a child even in extenuating circumstances. Shu"t Yabia Omer 4:9 agrees. Yalkut Yosef Dinei Chinuch Katan pg. 56 writes that if you see that the group of people you are with are going to count a child, you should leave before they can so that they don't try to say things that require a minyan when they really don't have one.</ref>
# Though a deaf-mute is generally assumed to have the status of a Shoteh, there is much debate as to whether or not he is considered a Bar Da'at and can count for a [[minyan]] if he attended a special education school and learned how to communicate. As such, if there are only ten people, one may count him for a [[minyan]] but should only do a short Chazara, so as not to risk too many Berachot Levatala.<ref>Yechave Daat 2:6</ref>
# Someone who isn't religious can be counted for a minyan.<ref>Igrot Moshe OC 1:23 writes that since we learn the idea of a minyan from the meraglim it is acceptable to include someone who violates Shabbat for a minyan in order to say kaddish and kedusha, however it wouldn't be considered tefillah btzibur.</ref>
 
===If Some of the Minyan Left Early===
# If there are only 10 men in the [[minyan]], none of them may leave in middle. However, if there are more than 10 men, those who are in excess of 10 may leave if they already heard [[Barchu]], [[Kedusha]], and all the [[Kaddishim]].<Ref>The Yerushalmi Megillah 4:4 writes that it is forbidden for someone to leave a minyan and upon him the pasuk says that one who abandons Hashem will be destroyed (Yishayahu 1:28). This is quoted by the Rif Megillah 13b, Rosh Megillah 4:7, Rambam Tefillah 8:6, and Bet Yosef 55:2. Darkei Moshe 55:1 cites Mordechai Megillah 810 who says that if there's still a minyan left it is permitted to left the minyan. Rama 55:2 codifies this. Kitzur Shuchan Aruch 15:10 and Mishna Brurah 55:14 clarify that it is only permitted to leave if there's still a minyan left and one already heard every Barchu, Kedusha, and Kaddish until Aleinu.</ref> If one already heard the Barchu, Kedusha, and Kaddishim and by leaving there won't be a minyan he may not leave in the middle of Kaddish, Kedusha, or any activity that requires a minyan but he may do so between activities. For example, if he was part of the minyan for Kedusha he may not leave until after the Kaddish Shalem after Shemona Esrei since that is one unit. However, if he was part of a minyan for Barchu he may leave before Chazarat Hashatz.<ref>Mishna Brurah 55:12</ref>
# After the fact, if there are less than ten men left, they one's left are allowed to finish what they had started as long as there are at least 6 men left.<Ref>Kitzur Shulchan Aruch 15:10 </ref>
## If the Shaliach Tzibbur began [[Chazarat HaShatz]] he may finish Chazara including [[Kedusha]], but there is no [[Nesiyat Kapayim]] and he may not say [[Kaddish]] after the Chazara.<Ref>Kitzur Shulchan Aruch 15:10 </ref>
## If the [[minyan]] began [[Kriyat HaTorah]] and then part of the [[minyan]] left (four or less), the one's remaining may finish the Kriyah but may not do Hosafot and the Maftir is said without brachot.<Ref>Kitzur Shuclhan Aruch 15:10 </ref>
 
==Missing a Minyan for Business Purposes==
# It is permissible to miss a [[minyan]] in order to prevent a loss of money, however, it is forbidden if it is just a loss of a potential profit. <Ref>Mishna Brurah 90:29 </ref>
==Missing a Minyan for Vacation ==
# A person should not travel from a place where there is a [[minyan]] to a place where there is no [[minyan]] unless there is a serious health need, [[parnasa]] (financial support for oneself and family) need, or mitzvah need. <Ref> Halichot Shlomo (5:4 pg 61) writes that for [[parnasa]], health, or mitzvah needs one may travel to a place where one will not be able to find a [[minyan]]. Shevet Halevi 6:21:3 and Teshuvot Vhanhagot 2:63 agree that it is forbidden to vacation in a place without a minyan since one is actively giving up a mitzvah of dvarim shebekedusha and the importance of tefillah btzibbur.</ref> Some poskim write that there is theoretical grounds to be more lenient to vacation in a place without a minyan.<ref>
* [http://www.yutorah.org/lectures/lecture.cfm/743095/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Minyan:_Cake_or_Icing Rabbi Aryeh Lebowitz] explained that this question would be dependent on another dispute whether [[davening]] in a [[minyan]] is an absolute obligation or an added feature to [[davening]].
* [https://www.yutorah.org/lectures/lecture.cfm/922734/rabbi-michoel-zylberman/the-shulchan-aruch-s-guide-to-planning-vacations/ Rabbi Zylberman] writes that according to Rav Moshe (Igrot Moshe 2:27) that going to minyan is an absolute obligation it is forbidden to vacation to a place without a minyan. However, according to the Emek Bracha (Birchot Kriyat Shema 1) that it isn't an absolute obligation perhaps it is permitted.
* Theoretical discussion: [Rav Zalman Nechemyah Goldberg (Halichot Shlomo (page 72 and 358) at first writes that seemingly it would be permissible to put oneself in a situation where one will be without a [[minyan]] as long as the time for that [[tefillah]] did not arrive, similar to the Baal HaMoer who permits boarding a boat 3 days before [[Shabbat]] even if one might need to violate [[Shabbat]] for Pikuach Nefesh. (The reason for 3 days is that there is an extension of [[Shabbat]] into the last three days of the week, however, the obligation of [[tefillah]] only applies at the time of [[prayer]]). However, he strongly rejects this by saying that putting oneself in a situation of missing praying with a [[minyan]] because it would be out of one's control to get a [[minyan]] in one's destination is totally dissimilar to violating [[Shabbat]] for Pikuach Nefesh which is permitted. He says that going to such a place is like not building a [[Sukkah]] for [[Sukkot]] and trying to claim that it is out of one's control to sit in the [[Sukkah]]. He continues that perhaps the exemption from traveling more than a [[mil]] to find a [[minyan]] is not because of it being out of one's control, but that the obligation of [[minyan]] was removed by chazal for someone at such a distance, similar to someone beyond a certain distance at the time of korban [[pesach]], then perhaps there would not be a prohibition to put oneself in such a situation. He leaves the question whether there is an obligation to find oneself in a place where there is a [[minyan]] (before the time of [[tefillah]]) unanswered, nonetheless, it is certain that the correct righteous practice would be not to put oneself in such a situation.]</ref>
# One should not go on a short trip if it means missing praying with a [[minyan]]. <Ref>Rav Nevinsal in BeYitzchak Yikra 90:18 </ref>
 
==Missing Minyan in order to Host Guests==
# Do not leave a guest in order to go daven. Welcoming guests (hachsanat orchim) overrides [[davening]] in a [[minyan]] if it is unavoidable.<Ref>Halichot Shlomo (chapter 5 note 25 pg 66) citing Tefillah Kehilchata 8:23 and Ahavat Chesed ch. 1 in fnt.</ref>
 
==Missing Minyan in order to Daven Vatikin==
# Someone who usually davens [[vatikin]] should daven [[vatikin]] even if one day he is not able to get a [[minyan]]. <Ref>Halichot Shlomo 5:17 </ref>
==Missing Minyan Because One Is Sick==
# One is only exempt in cases of extenuating circumstances such as someone not feeling well and even in such a case one should at least pray at the time of the Tzibbur. <Ref>Shulchan Aruch 90:9, Mishna Brurah 90:29 </ref>
==Missing Minyan to Daven with More Kavana==
# If a person can daven Shemona Esrei with any level of kavana in shul with a minyan he should daven with a minyan rather than daven at home with more kavana.<ref>Igrot Moshe OC 3:7 writes that if you can have at least the basic kavana with a minyan then davening with a minyan which is an obligation trumps the possibility of having more kavana when davening privately. He explains that davening with a minyan guarantees that one's tefillah will be heard by Hashem and there's no such guarantee even for a tzadik when davening by himself. Also, it is possible that he might not daven with more kavana when at home. Mishna Brurah 51:20 writes that if it is so cold in shul that he won't be able to concentrate on Shemona Esrei at all he should daven at home with kavana. </ref>
==Missing Minyan Because of Learning==
# Someone who’s learning is his “occupation”, meaning that one does not waste any time not learning except for the absolutely necessary activities, may daven without being part of a [[minyan]] from time to time, however, nowadays using this leniency is highly discouraged. <Ref>Rama 90:18, Mishna Brurah 90:56, Piskei Teshuvot 90:23 writes that this leniency is discouraged but there is what to rely on and quotes the son of the Chafetz Chaim who writes about his father when writing the Mishna Brurah would go ten hours at a time learning without eating or even stopping for [[mincha]]. </ref> Therefore, even if one is involved in learning one should make sure to daven with a [[minyan]] and there is an added seriousness for such a person to daven with a [[minyan]] so that others do not judge him incorrectly or mistakenly learn out of his actions that davening in a [[minyan]] is unimportant. <Ref>Shulchan Aruch 90:18, Mishna Brurah 90:29, 57. See Sh”t Igrot Moshe 2:27 regarding missing [[minyan]] for learning.  </ref>
# If you can daven by yourself or go to a minyan that will cause you to miss learning with a chevruta, you can daven by yourself<Ref>Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a [[minyan]]. Halichot Shlomo 5:16 adds that even if one will only miss learning with a chevruta one should not go to the [[minyan]]; BeYitzchak Yikra (Rav Nevinsal) 90:18 writes that if a student in a yeshiva eats and sleeps by the yeshiva it is an imperative to daven in the yeshiva [[minyan]] and it is forbidden to daven in an even holier place such as by the Kotel because of Mitzvah HaBah BeAvierah! </ref>
# If it is going to cause a loss of teaching Torah in public such as if one will miss giving a public shuir, one should miss [[minyan]] in order not to miss that opportunity of giving shiur. <Ref>Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a [[minyan]].</ref>
# If a congregation is up to Yishtabach and there's no minyan they should wait a little to get a minyan. However, they shouldn't wait too long because it leads to people talking idly and bitul Torah.<ref>Rama 53:3 writes that a congregation which doesn't have a minyan at yishtabach should wait until they get a minyan. See both Magen Avraham 53:4 and Mishna Brurah 53:9 who mention waiting a half hour. Igrot Moshe OC 3:4 says that a congregation at the end of pesukei dzimrah should wait a little bit for a minyan but should not to wait a long time for a minyan since it causes people to talk and be mevatel torah.</ref>
 
==Missing Minyan to daven at a More Optimal Time==
===Shacharit===
# If one always davens vatikin one can daven then by oneself rather than daven with a minyan later.<ref> Biur Halacha 58:1 s.v. umitzvah</ref> Sephardim would prefer davening with a minyan later unless one has more kavana at vatikin.<ref>Yalkut Yosef 89:18</ref>
# If the only minyan available is one that davens after Olot before Meshyakir many say that it is better to daven by oneself.<ref>Biur Halacha 89:1 s.v. yatza, Avnei Yishfe p. 167 quotes Rav Elyashiv, Pri Yitzchak s.v. nachzor 1:2</ref> Some disagree.<ref>Avnei Yishfe p. 168 quoting Rav Ben Tzion Abba Shaul, Igrot Moshe 4:6 s.v. im ken </ref> See [[When_Is_the_Earliest_and_Latest_Time_to_Pray%3F#Pre-Msheyakir]]
# If the only minyan available is one that davens after Olot before Netz, some say that it is better to daven by oneself<ref>Sh”t Sheilot Shmuel OC 12, Rav Elyashiv (quoted in Avnei Yashfei [[Tefillah]] page 167), Yalkut Yosef ([[Tefilla]] pages 137-139, 89:14)</ref> and some hold that it is better to daven with the minyan.<Ref>[http://www.ou.org/webcast_kosher Rabbi Yisrael Belsky] (OU Kosher Webcast, min 19:30-28:30), Igrot Moshe 4:6 s.v. im ken, Peri Yitzchak 1:2, Sh"t Yaskil Avdi 5:10, Sh"t Minchat Yitzchak 9:10, Chazon Ish (Ishei Yisrael 13:note 21)</ref> See [[When_Is_the_Earliest_and_Latest_Time_to_Pray%3F#Pre-Netz]]
# If the only minyan available is davening after the third hour of the day it is better to daven with the minyan and say Shema earlier rather than daven by oneself.<ref>Rama 46:9, Igrot Moshe O.C. 4:6 s.v. im ken</ref> Some have a doubt about this case.<ref>Biur Halacha 46:9 s.v. ki) isn't sure whether the Gra would prefer to daven by oneself with Kriyat Shema in the right time with Brachot and then juxtapose Shema to Shemona Esrei or not.</ref>
 
===Mincha===
# If the minyan is davening during Ben Hashemashot after Shekiya, according to Ashkenazim it is better to daven oneself before Shekiya,<ref> Mishna Brurah 233:14</ref> and according to Sephardim it is preferable to wait for the minyan rather than daven by oneself before shekiya.<ref>Yalkut Yosef 89:16, Chacham Ben Zion Abba Shaul (cited in Ishei Yisroel page 296) and Chacham Ovadia Yosef (Yechave Daat 5:22)</ref> See [[When_Is_the_Earliest_and_Latest_Time_to_Pray%3F#Ideal_Time_for_Mincha]]
# According to Sephardim it is ideal to daven mincha ketana and not mincha gedola. Yet, if the only minyan available is one that prays at mincha gedola it is preferable to daven with them rather than daven on one's own.<ref>Yalkut Yosef 89:15</ref>
 
===Maariv===
# If the only minyan available is one that is before tzet hakochavim after shekiya one should daven with them rather than daven by oneself.<ref>Shulchan Aruch 235:1</ref> There's a minority opinion that advises praying oneself.<ref>Even though the Gra (Maaseh rav  n. 65 cited by Biur Halacha 235:1 s.v. vim) davened by himself rather than daven with the minyan before tzet, Igrot Moshe 2:60 s.v. val kol panim writes that since it is against most rishonim one shouldn't follow it unless one follows the Gra for everything. Piksei Teshuvot 235 fnt. 26 quotes the Kesot Hashulchan 26:12 who writes that if someone always davens before tzet hakochavim he should continue to do so without a minyan rather than daven early with a minyan.</ref>
# If the only minyan available is one that is before shekiyah after plag mincha when one already said mincha before plag mincha one should daven with the minyan rather than daven by oneself.<ref>Shulchan Aruch O.C. 235:1, Mishna Brurah 235:8</ref>
# If the only minyan available is one that is before shekiyah after plag mincha when one already said mincha after plag mincha one should daven by oneself rather than join such a minyan.<Ref>Shaar Hatziyun 235:16 writes that one shouldn't daven with a minyan before shekiya if on that same day one already davened mincha after plag hamincha.</ref>
==Missing Minyan Because it is Too Far==
# If a minyan is more than a mil out of one's way one isn't obligated to daven in a minyan.<ref>Tosfot Pesachim 46a s.v. ultefila, Hagahot Ashri (Kitvei Yad Pesachim 3:5), Shulchan Aruch O.C. 90:16</ref>
# If someone is driving the mil is measured by 18 minutes and not the distance of a mil.<ref>Although Mishna Brurah clarifies that we follow distance when discussing someone riding an animal and not time, the poskim follow time. Drishu 90:59 quotes Rav Chaim Kanievsky (Ishei Yisrael ch. 8 fnt. 70) who distinguishes between riding an animal which is harder and should still follow distance as opposed to driving which is easier and should follow time. They also quote Rav Elyashiv (Peninei Tefillah p. 120) as holding by the time of the mil.</ref>
 
==On an Airplane==
# Many poskim rule that one should not make a minyan when flying on an airplane.<ref> Halichot Shlomo page 95, Igrot Moshe OC 4:20, [http://www.torahweb.org/torah/special/2010/rsch_airplanes.html Rabbi Hershel Schachter on torahweb.org] </ref>
 
==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/743095/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Minyan:_Cake_or_Icing Ten Minute Halacha - Minyan: Cake or Icing] by Rabbi Aryeh Lebowitz
* [http://www.yutorah.org/lectures/lecture.cfm/774972/Rabbi_Daniel_Stein/Davening_With_a_Minyan:_Obligation_or_Priority Davening With a Minyan: Obligation or Priority] by Rabbi Daniel Stein
 
==Sources==
<references/>
<references/>
[[Category:Prayer]]

Latest revision as of 04:55, 30 June 2024

A person should make a great effort to daven in a minyan because of the tremendous holiness of davening in a minyan and because when one prays in a minyan one's Tefillot are accepted before Hashem.[1] Some hold that there is a rabbinic obligation to go to a minyan and joining is a biblical mitzvah in the enhancement of one's Tefillah,[2] while others hold it is a very important religious value that one should not forgo but not an absolute obligation.[3]

Being Enthusiastic to Go to Minyan

  1. It is praiseworthy for one to run to shul[4], demonstrating one's eagerness to do mitzvot.

Where to Go to Minyan

  1. If one has the choice of going to a closer shul or a farther shul, one may choose the latter option, as one gets more reward for one's journey (Sechar Pesiot, but one must understand that it comes at the opportunity cost of Talmud Torah and could possibly entail Shmiras Eynayim issues.[5]
  2. There is a principle that a person should be very careful that a person doesn't delay the congregation unnecessarily. This concept is called Tircha Dtzibur. It applies to a Shaliach Tzibur who is davening slowly purposefully to hear himself sing.[6]
  3. It is better to daven in a shul with a minyan than a bet midrash without a minyan.[7]
  4. It is better to daven in a shul with a minyan that is larger than a bet midrash with a smaller minyan because of brov am hadrat melech (Heb. ברוב עם הדרת מלך; lit. with the multitude of people the king is honored).[8]

Coming to Minyan Early

  1. One should make an effort to be one of the first ten people for the minyan.[9]

What Parts of Davening Require there to Be a Minyan?

  1. A congregation may not say Kaddish, Kedusha, or Barchu with less than a minyan, meaning a quorum of ten adult men.[10]
    1. If there is a minyan of ten adult males, but four of them already davened, the congregation may still say Kaddish, Barchu, and Kedusha.[11]
  2. According to the halacha, it is permissible to start Chazarat HaShatz even if 4 people in the minyan are still davening the silent Shmoneh Esrei. However, it is better to wait until there are ten who are able to answer before starting Chazarat HaShatz.[12]

What is Considered Davening with a Minyan?

Davening another Shemona Esrei than the Congregation

  1. Is davening Shemona Esrei when the tzibur is davening a different Shemona Esrei is that considered tefillah btzibur? Many achronim that it is considered tefillah btzibur, while many others disagree.[13]
  2. Someone from Diaspora who is davening a weekday Shemona Esrei with an Israeli minyan on the second day of Yom Tov that is considered Tefillah Btzibur.[14] In the opposite case with an Israeli in the Diaspora davening a weekday Shemona Esrei with the congregation davening a Yom Tov Shemona Esrei is a dispute if that is Tefillah Btzibur.[15]

Starting after the Congregation Started

  1. Some hold that even if the Tzibbur is in the middle of Shemona Esrei and one starts one's silent Shemona Esrei that is considered Tefillah Btzibbur.[16]
  2. If the congregation is still reciting the first bracha when one starts that it is considered tefillah btzibbur.[17]
  3. If the congregation already started and is in the middle of the shemona esrei if someone starts at that point some hold that it isn't considered tefillah btzibbur.[18]
  4. If someone starts when the congregation starts even if one doesn't finish until after they reach kedusha it is considered tefillah btzibbur.[19]
  5. If someone starts together with the shaliach tzibbur's recitation of chazarat hashatz many consider that tefillah btzibbur.[20] If someone is saying the shemona esrei together with the shaliach tzibbur on a fast day and they get up to Anenu he should be quiet and listen to the shaliach tzibbur's bracha. However, when he gets up to shema kolenu he shouldn't skip it even if though it means he's going to fall behind the shaliach tzibbur.[21]

Davening with Four Who Prayed Already

  1. If there are less than ten who are obligated to pray Shemona Esrei as long as they can get majority of the minyan who has not yet prayed they are allowed to pray together to recite Dvarim Shebekedusha. However, there is a dispute whether that is considered as davening together with a congregation, tefillah btzibbur. Some say that unless all ten are praying Shemona Esrei it is not tefillah btzibbur.[22] Others hold that it is considered tefillah btzibbur.[23]

Davening in an Adjacent Room

Fenceminyan.jpg
  1. If there is a minyan in one room and one is davening in an adjacent room he can answer their kaddish, kedusha, and barchu, and according to many poskim his davening is considered tefillah btzibbur as long as he can hear them. This is true even though he couldn't be counted towards the primary ten for the minyan.[24] Many others disagree and do not consider it to be davening tefillah btzibbur unless you are able to join for a minyan in the same room.[25]
  2. If there is a larger room and a smaller room completely open to that larger one if the majority of the minyan is in the large room that is considered one minyan. If the majority of the minyan is in the small room they don't combine.[26]
  3. Some say that as long members of the minyan can see each other they can join together for a minyan.[27] One should only rely on this opinion in an extenuating circumstance.[28] Some say that even this opinion only allowed it between outside the shul and the shul itself but not the shul and the women's section.[29]

Conditions to do Chazarat Hashatz

  1. If ten individuals davened separately and then joined together afterwards most poskim hold that they can not recite chazrat hashatz since they didn't daven together btzibbur.[30]
  2. If nine people davening Shemona Esrei together and afterwards one person entered they can not recite chazarat hashatz.[31]
  3. If there were ten people in the room and six were davening and four were not, they can nonetheless recite chazarat hashatz.[32]
    1. Even if these six who davened Shemona Esrei started and finished at different times but all overlapped at some point they can recite chazarat hashatz.[33]
    2. Even if these four people who were not davening some of them left while the six were davening Shemona Esrei and returned or others returned they can still recite chazarat hashatz.[34]
    3. If some of those six people didn't finish Shemona Esrei, but there are nine people who can answer amen to the shaliach tzibbur they can start the chazarat hashatz without further delay.[35]
    4. If one of those six people made a mistake by omitting something that they had to because of the day such as Yaaleh Vyavo on Rosh Chodesh and need to repeat Shemona Esrei nonetheless they can recite chazarat hashatz.[36]
  4. If there were ten people in the room and only five or fewer were davening they can not recite chazarat hashatz.[37] Others hold that they can.[38] The same is true if there were ten people in the room and five davened together and one davens his silent shemona esrei together with the chazarat hashatz aloud that is subject to the above debate if they can do chazarat hashatz.[39]

Who Counts for a Minyan?

  1. A minimum of ten Jewish free adult men are necessary to form a minyan[40].
  2. Women don't count for a minyan and are exempt from davening in a minyan. See Mitzvah_to_Daven#Minyan page.
  3. A child can't be counted for a minyan. There is an opinion who allows counting a child for the tenth person if there are nine other adults. Ashkenazim can rely on that upon in an extenuating circumstance.[41] Many poskim say not to rely on that opinion even in an extenuating circumstance.[42]
  4. Though a deaf-mute is generally assumed to have the status of a Shoteh, there is much debate as to whether or not he is considered a Bar Da'at and can count for a minyan if he attended a special education school and learned how to communicate. As such, if there are only ten people, one may count him for a minyan but should only do a short Chazara, so as not to risk too many Berachot Levatala.[43]
  5. Someone who isn't religious can be counted for a minyan.[44]

If Some of the Minyan Left Early

  1. If there are only 10 men in the minyan, none of them may leave in middle. However, if there are more than 10 men, those who are in excess of 10 may leave if they already heard Barchu, Kedusha, and all the Kaddishim.[45] If one already heard the Barchu, Kedusha, and Kaddishim and by leaving there won't be a minyan he may not leave in the middle of Kaddish, Kedusha, or any activity that requires a minyan but he may do so between activities. For example, if he was part of the minyan for Kedusha he may not leave until after the Kaddish Shalem after Shemona Esrei since that is one unit. However, if he was part of a minyan for Barchu he may leave before Chazarat Hashatz.[46]
  2. After the fact, if there are less than ten men left, they one's left are allowed to finish what they had started as long as there are at least 6 men left.[47]
    1. If the Shaliach Tzibbur began Chazarat HaShatz he may finish Chazara including Kedusha, but there is no Nesiyat Kapayim and he may not say Kaddish after the Chazara.[48]
    2. If the minyan began Kriyat HaTorah and then part of the minyan left (four or less), the one's remaining may finish the Kriyah but may not do Hosafot and the Maftir is said without brachot.[49]

Missing a Minyan for Business Purposes

  1. It is permissible to miss a minyan in order to prevent a loss of money, however, it is forbidden if it is just a loss of a potential profit. [50]

Missing a Minyan for Vacation

  1. A person should not travel from a place where there is a minyan to a place where there is no minyan unless there is a serious health need, parnasa (financial support for oneself and family) need, or mitzvah need. [51] Some poskim write that there is theoretical grounds to be more lenient to vacation in a place without a minyan.[52]
  2. One should not go on a short trip if it means missing praying with a minyan. [53]

Missing Minyan in order to Host Guests

  1. Do not leave a guest in order to go daven. Welcoming guests (hachsanat orchim) overrides davening in a minyan if it is unavoidable.[54]

Missing Minyan in order to Daven Vatikin

  1. Someone who usually davens vatikin should daven vatikin even if one day he is not able to get a minyan. [55]

Missing Minyan Because One Is Sick

  1. One is only exempt in cases of extenuating circumstances such as someone not feeling well and even in such a case one should at least pray at the time of the Tzibbur. [56]

Missing Minyan to Daven with More Kavana

  1. If a person can daven Shemona Esrei with any level of kavana in shul with a minyan he should daven with a minyan rather than daven at home with more kavana.[57]

Missing Minyan Because of Learning

  1. Someone who’s learning is his “occupation”, meaning that one does not waste any time not learning except for the absolutely necessary activities, may daven without being part of a minyan from time to time, however, nowadays using this leniency is highly discouraged. [58] Therefore, even if one is involved in learning one should make sure to daven with a minyan and there is an added seriousness for such a person to daven with a minyan so that others do not judge him incorrectly or mistakenly learn out of his actions that davening in a minyan is unimportant. [59]
  2. If you can daven by yourself or go to a minyan that will cause you to miss learning with a chevruta, you can daven by yourself[60]
  3. If it is going to cause a loss of teaching Torah in public such as if one will miss giving a public shuir, one should miss minyan in order not to miss that opportunity of giving shiur. [61]
  4. If a congregation is up to Yishtabach and there's no minyan they should wait a little to get a minyan. However, they shouldn't wait too long because it leads to people talking idly and bitul Torah.[62]

Missing Minyan to daven at a More Optimal Time

Shacharit

  1. If one always davens vatikin one can daven then by oneself rather than daven with a minyan later.[63] Sephardim would prefer davening with a minyan later unless one has more kavana at vatikin.[64]
  2. If the only minyan available is one that davens after Olot before Meshyakir many say that it is better to daven by oneself.[65] Some disagree.[66] See When_Is_the_Earliest_and_Latest_Time_to_Pray?#Pre-Msheyakir
  3. If the only minyan available is one that davens after Olot before Netz, some say that it is better to daven by oneself[67] and some hold that it is better to daven with the minyan.[68] See When_Is_the_Earliest_and_Latest_Time_to_Pray?#Pre-Netz
  4. If the only minyan available is davening after the third hour of the day it is better to daven with the minyan and say Shema earlier rather than daven by oneself.[69] Some have a doubt about this case.[70]

Mincha

  1. If the minyan is davening during Ben Hashemashot after Shekiya, according to Ashkenazim it is better to daven oneself before Shekiya,[71] and according to Sephardim it is preferable to wait for the minyan rather than daven by oneself before shekiya.[72] See When_Is_the_Earliest_and_Latest_Time_to_Pray?#Ideal_Time_for_Mincha
  2. According to Sephardim it is ideal to daven mincha ketana and not mincha gedola. Yet, if the only minyan available is one that prays at mincha gedola it is preferable to daven with them rather than daven on one's own.[73]

Maariv

  1. If the only minyan available is one that is before tzet hakochavim after shekiya one should daven with them rather than daven by oneself.[74] There's a minority opinion that advises praying oneself.[75]
  2. If the only minyan available is one that is before shekiyah after plag mincha when one already said mincha before plag mincha one should daven with the minyan rather than daven by oneself.[76]
  3. If the only minyan available is one that is before shekiyah after plag mincha when one already said mincha after plag mincha one should daven by oneself rather than join such a minyan.[77]

Missing Minyan Because it is Too Far

  1. If a minyan is more than a mil out of one's way one isn't obligated to daven in a minyan.[78]
  2. If someone is driving the mil is measured by 18 minutes and not the distance of a mil.[79]

On an Airplane

  1. Many poskim rule that one should not make a minyan when flying on an airplane.[80]

Links

Sources

  1. ↑ Shulchan Aruch .C. 90:9 writes that a person should make a serious effort to daven with a minyan and one is only exempt to do so in extenuating circumstances. Mishna Brurah 90:28 emphasizes the importance of davening with a minyan and that the most important part of davening with a minayn is Shmoneh Esrei. Kitzur Shulchan Aruch 12:7 writes that Hashem does not reject the Tefillah of a congregation even if there are wicked people in the congregation. See Halichot Shlomo (chapter 5 note 52 pg 66) who records an incident in which for health reasons a certain person was only able to leave the house once a day and Rav Shlomo Zalman said he can use that one time to go to work instead of going to daven in a minyan because being social will make him feel better.
  2. ↑ Igrot Moshe OC 4:68 explains that it is forbidden to daven a Tefillah in a place where one knows that one won't be answered. Since davening with a minyan is a certain way to increase the ability of one's Tefillah to be answered (Brachot 8a) it is considered a biblical enhancement of Tefillah to daven with a minyan. However, the actual obligation to go out of one's way to go daven in a minyan is only rabbinic (Pesachim 46a). See Igrot Moshe OC 1:31, 2:27, and 3:7. Rav Yitzchak Yosef (Motzei Shabbat Shemini 5778 around min 15) explained that going to a minyan is an obligation and Shulchan Aruch's language is only meant to exempt someone sick.
  3. ↑ The Netsiv in Meromei Sadeh 6b s.v. kol writes that someone who always goes to a minyan it is considered a good practice that after doing it consistently it is an obligation upon to keep it like a vow. Rav Hershel Schachter (Brachot Shiur 9 beginning) explained that the Netsiv holds that there's no rabbinic obligation to daven in a minyan, however, being that one's Tefillah stands a better change of being answered in a minyan (Brachot 8a) it is very important value to daven in a minyan. Minchat Asher 2:23 writes that davening in a minyan isn't an absolute obligation but one should endeavor with all of one's ability to daven with a minyan.
  4. ↑ Ben Ish Chai (Perashat Miketz, 2)
  5. ↑ Yechave Daat 2:9, note the Torah Lishmah quotes that one only gets extra Sechar Pesiot for walking, not driving.
  6. ↑ Rashba Teshuva 1:215 cited by Bet Yosef 53:11
  7. ↑ Radzav 4:18
  8. ↑ Radzav 4:18
  9. ↑ Shulchan Aruch 90:14
  10. ↑ Shulchan Aruch 55:1
  11. ↑ Shulchan Aruch 69:1 Mishna Brurah 69:8, Yalkut Yosef (90:14, Sherit Yosef 2 pg 341)
  12. ↑ Halacha Brurah 55:18-9, Mishna Brurah 55:32
  13. ↑
    • Magen Avraham 90:16 and 236:3 writes that if someone is davening Mussaf while the congregation is davening Shacharit it isn't considered tefilah btzibur and not even considered to be the same time as when the tzibur is davening. His proof is from Avoda Zara 4b that forbad davening Mussaf on Rosh Hashana at home within the first three hours of the day when the Tzibur is davening Shacharit in Shul. However, the Eliya Rabba 236:7 argues that it is considered tefillah btzibur if you are actually in the shul. Tzlach Brachot 6a writes that even the Magen Avraham would agree with the Eliya Rabba if he was actually in the shul together. Magen Giborim A"H 90:14, Pri Megadim M"Z 236:4, and Mishna Brurah 90:30 agree. Salmat Chaim 113 agrees with the Tzlach but see the footnote which understands that he never meant that. Tzitz Eliezer 14:6 reprints a letter from Rav Tzvi Pesach Frank which accepts the Mishna Brurah as holding that it is completely tefillah btzibbur.
    • Rav Yitzchak Elchanan in Bear Yitzchak 20 proves from the Yerushalmi Brachot 4:6 that the Magen Avraham is correct that it isn’t considered tefillah btzibur even if you’re in the same shul davening together with them a different Shemona Esrei unlike the Tzlach. Tzitz Eliezer 13:38 agrees. Igrot Moshe OC 4:68 argues with his proof but agrees with the Magen Avraham. Halacha Brurah 90:26 cites the dispute. Halacha Brurah proves that the Tzlach is incorrect because of the Magen Avraham 236:3.
    • See Dirshu 90:32 who cites the Chavaselet Hasharon 2 and Orchot Rabbenu v. 1 p. 51 that even the Tzlach never meant that it is considered tefillah btzibur.
  14. ↑ Yom Tov Sheni Khilchato (9:6 cited by Dirshu 90:32) quoting Rav Shlomo Zalman Auerbach and Rav Elyashiv
  15. ↑ Yom Tov Sheni Khilchato (ch. 3 fnt. 43-5, cited by Dirshu 90:32)
  16. ↑ Igrot Moshe OC 3:4. Yalkut Yosef 90:9:17 quotes the dispute between Igrot Moshe and Pri Megadim 109:2.
  17. ↑ Betzel Chachma 4:3
  18. ↑ Pri Megadim E"A 109:2. Some ask why should a person who arrives late and the congregation already started shemona esrei shouldn't start his shemona esrei right then if he won't be able to finish before the congregation reaches kedusha or modim (Brachot 21). Isn't tefillah btzibbur greater than kedusha or modim? Pri Megadim E"A 109:2 answers that since the congregation already began he lost the oppurtunity for tefillah btzibbur either way. Pri Tevuah 68 (cited by Yabia Omer 2:7:4) holds that starting even during the chazarat hashatz immediately after modim is considered tefillah btzibbur and therefore waiting doesn't jepordize tefillah btzibbur. Amudei Esh 3:7 cited by Yabia Omer on the other hand holds like the Pri Megadim.
  19. ↑ Mishna Halachot 13:12, Betzel Chachma 4:3. Mishna Halachot explains that tefillah btzibbur is judged by the beginning of one's shemona esrei and references Tosfot Brachot 7a s.v. ilmaleh.
  20. ↑ Betzel Chachma 4:3, Yabia Omer 2:7:4 citing Eshel Avraham Butchach 52:1 and Kaf Hachaim 90:63, Yalkut Yosef 90:9:16. Betzel Hachachma 4:3:8 quotes Chazon Ish 19:7 s.v. echad, Chatom Sofer (Likutim 3), and Shulchan Hatahor 109:1 who hold that it is tefila btzibbur, but also cites Rav Chaim Zonenfeld (Salmat Chaim 1:30) who questions if it is exactly like tefila btzibbur.
  21. ↑ Rav Yitzchak Yosef (Motzei Shabbat Balak 5781 min 47-52) quoting Chesed Lavraham
  22. ↑ Igrot Moshe OC 1:28-30 based on Chayei Adam 19:1 and other sources. He explains that in order to daven as a congregation everyone needs to be davening. Using a majority doesn't create a quorum, which is a reality created by ten davening together. Dvarim Shebekedusha has a requirement of ten Jews present and majority who are obligated can satisfy that requirement. Dirshu 69:8 quotes that the Brisker Rav (Teshuvot Vehanhagot 1:102) and Steipler (Orchot Rabbenu v. 1 p. 51) agreed with Rav Moshe.
  23. ↑ Yachava Daat 5:7, Chelkat Yakov 1:20:2, Betzel Chachma 4:135, and Minchat Yitzchak 9:6-7. The primary proofs are the Rambam Tefillah 8:4, Mishna Brurah 69:8, and Pesachim 64b. Minchat Yitzchak recommends being strict when possible.
  24. ↑ Meiri Pesachim 85b s.v. umitoch, Aruch Hashulchan 55:23, Chazon Ish (Orchot Rabbenu v. 3 p. 208), Shraga Hameir 8:77:6, Rav Hershel Schachter (Brachot Shiur 100, min 38), Rav Yisrael Reisman (RJJ v. 75 p. 20). Chazon Ish thought that if someone is in a room close to the shul with the minyan inside and he hears them davening he can daven with them and it is considered tefillah btzibbur. Aruch Hashulchan 55:23 and Shraga Hameir 8:77:6 agree. However, it seems that Radvaz 2:650 disagrees. Towards the beginning he notes that if someone is in a room that is considered sufficiently part of the shul he doesn't count the ten for the minyan and he is not davening tefillah btzibbur. However, he does consider a room with no other entrance besides the shul to be an extension of the shul and someone davening there would count for the minyan. Mishna Brurah 55:58 cites this Radvaz as saying that someone in another room does not join for a minyan unless that smaller room is majority open to the larger room or there are no other entrances to that room. He seems to be at odds with the Chazon Ish and Aruch Hashulchan. Otzar Halachot v. 1 p. 330 and Orchot Rabbenu note this dispute between the Radvaz and Aruch Hashulchan. Similarly, Mishna Brurah 55:52 quotes those who say that if you disagree with the Rashba and seeing into the minyan is not considered sufficient to join for the ten of the minyan, it is not considered tefillah btzibbur. Rav Shlomo Zalman Auerbach in Halichot Shlomo (Tefillah p. 64) writes that someone standing in the lobby of the shul is not considered davening tefillah btzibbur even though he could hear them unless he can see them. Even seeing them isn't so great since it is a big dispute if he could join for a minyan that way. Rav Shlomo Zalman notes that it is not clear in the rishonim and perhaps Tosfot r"h 27b think unlike the Aruch Hashulchan but the Meiri Pesachim 85b s.v. umitoch seems to be a proof for the Aruch Hashulchan. Kaf Hachayim 55:73 seems to be lenient as long as you can hear the minyan.
  25. ↑ Chayey Adam 30:1, Mishna Brurah 55:52, Mishna Brurah 55:28 citing Radvaz, Halichot Shlomo (ch. 5 Dvar Halacha fnt. 18). Mishna Brurah 55:52 quotes those who say that if someone is davening in the women's section they should come down to the main men's section in order to fulfill tefillah btzibbur.
  26. ↑ Gemara Eruvin 92b. Tosfot 92b s.v. Tisha explains that the gemara is relevant to joining together for a minyan. Shulchan Aruch O.C. 55:16 quotes this gemara as the halacha.
  27. ↑ Shulchan Aruch O.C. 55:14.
    • Can you join people in two rooms to make a minyan? The Gemara Eruvin 92b indicates that if there’s a majority of the minyan in a large room and the minority of the minyan in a room that is almost completely open to the large room they can join for a minyan. Barring those two conditions people in two rooms or two houses can’t join for a minyan. However, in terms of answering a dvar shebekedusha if there is a minyan in one place, those standing in another room can answer since there is a minyan in the place of the dvar shebekedusha. This is also the opinion of Tosfot Pesachim 85b s.v. vchen, Tosfot Harosh Sotah 38b s.v. umechitza, Tosfot Eruvin 92b s.v. tisha, Rashba Eruvin 92b s.v. eika, Ritva Eruvin 92b s.v. vhikshu, Ritva r"h 27b s.v. vha, and Ran r”h 27b s.v. mishna. Tosfot Sotah 38b s.v. mechitza seems to agree.
    • The Ramban Pesachim 85b s.v. amar doesn’t distinguish between dvar shebekedusha and creating a minyan. In order for people to join together they need to be in the same room or a small room which is almost completely open to a large room. He adds one other case of a courtyard joining to a house independent of the size of the courtyard and the house. It would emerge from the Ramban that a person outside of the room of the minyan can’t even answer dvarim shebekedusha if he’s not where the minyan is. Ritva r”h 27b s.v. vha and Meiri Pesachim 85b quote this opinion and reject it.
    • Rashba responsa 1:96 holds that you can join people on the elevated platform bimah with a fence in the middle of the shul with the rest of the shul because that bimah is meant to service the shul and the people on the bimah can see those in the shul and the other way around. Shulchan Aruch O.C. 55:19 quotes the Rashba’s first reason. Shulchan Aruch O.C. 55:14 seems to be premised on the Rashba’s second reason. The Smak (Mitzah 282 cited by Bet Yosef 55:19) has another reason to allowing the shaliach tzibbur to join from the elevated bimah. He says that since the walls of the bimah do not extend up to the ceiling they're not considered a completely different area. Mishneh Halachot 11:64 relies on the Smak's reason alone.
    • Biur Halacha 195:1 s.v. shtey cites the Rashbash 37 and Gra who think that you can't adjoin two groups in two houses to create a minyan even for zimmun purposes even if they see each other. Ramban Pesachim 95b also suggests this. Pri Chadash to 55:13, Magen Avraham 55:12, and Shulchan Aruch Harav 55:16 accept the Rashba. Rav Asher Weiss (Corona Teshuvot 2:25) held that you can rely on the Rashba to make a porch minyan during corona. Maamar Mordechai 55:14 argues that even Shulchan Aruch does not accept the Rashba. Chida in Machzik Bracha 55:7 follows the Rashbash. Salmat Chaim 51 thinks that we should not rely on the Rashba but someone who does shouldn’t be scorned. Mishna Brurah 55:48 quotes the Magen Avraham and those who accept the Rashba and concludes that some achronim disagree. Kaf Hachayim 55:75 quotes the dispute and writes that one should be strict. Rav Hershel Schachter (Corona teshuva #14) thinks that it is not right to rely on those who argue with the Rashba.
  28. ↑ Mishna Brurah 55:57
  29. ↑ Aruch Hashulchan 55:20, Shevet Halevi 9:20:1. Aruch Hashulchan writes that although someone outside of shul can join with a minyan as long as he can see them but someone in the women's section can't join since that is a completely different room. See Rabbi Tzvi Reisman's article on outdoor minyanim p. 5 as to how to explain the distinction of the Aruch Hashulchan. Shevet Halevi reasons that the Rashba was only lenient when the people see each other and also the area is secondary to the rest of the shul. However, those who are in the women's section, that section wasn't built to be a function of the main shul and therefore they can't combine.
  30. ↑ Shulchan Aruch O.C. 69:1 holds that they can recite chazarat hashatz even if ten people davened separately and now joined together. However, the Mishna Brurah 69:1 follows the Radvaz and Magen Avraham 69:4 who argue that since they each davened separately there is no way for them to join together afterwards to create a tzibur that is obligated and able to recite chazarat hashatz. See Kaf Hachayim on Shulchan Arukh, Orach Chayim 69:7 who accepts Shulchan Aruch. Tzitz Eliezer 14:6 and Har Tzvi 1:51 accept the Mishna Brurah. Imrei Yosher 2:9 writes that a person has what to rely upon Chatom Sofer who accepts Shulchan Aruch with respect to Kedusha but not Kaddish.
  31. ↑ Tzitz Eliezer 14:6. This fits with the approach of Mishna Brurah 69:1 based on Radvaz.
  32. ↑ Mishna Brurah 69:8 based on Magen Avraham
  33. ↑ Piskei Teshuvot 69:1 citing Minchat Elazar 2:77 and Chelek Levi 45
  34. ↑ Piskei Teshuvot 69:1 citing Keren Ldovid 16. He explains that since the six started shemona esrei at the same time when 10 people were in the room they were obligated in chazarat hashatz even if someone people left in the middle and came back or were replaced.
  35. ↑ Piskei Teshuvot 69:1 citing Minchat Yitzchak 1:57. Keren Ldovid 16 would also permit this.
  36. ↑ Piskei Teshuvot 69:1 citing Eretz Tzvi 1:39
  37. ↑ Biur Halacha 69:1 leaves this question unresolved whether according to the Radvaz they are allowed to do chazart hashatz. Tzitz Eliezer 14:6 concludes that they should not do chazarat hashatz.
  38. ↑ Rav Meir Arik in Imrei Yosher 2:9 holds that although they may not get into this situation initially and should daven in a proper minyan and hear chazarata hashatz. However, after the fact they can and should recite chazarat hashatz in order to hear kedusha. Piskei Teshuvot 69:1 follows this Imrei Yoshar and quotes others who agree including Tehillah Ldovid 69:2, Minchat Yitzchak 1:57, and Afarsekta Daniya 2:16. Har Tzvi 1:51 based on Maharam Shik 44 and Tzitz Eliezer 14:6 who do not accept this distinction.
  39. ↑ Imrei Yoshar 2:9
  40. ↑ Shulchan Aruch, Orach Chayim 55:4
    • Can women count for a minyan? The Mor Ukesiah 55 s.v. katuv bmordechai quotes the Mordechai in the name of the Rabbenu Simcha that women can join a minyan of ten. (The actual text of the Mordechai Brachot n. 158 only quotes Rabbenu Simcha regarding zimun of ten and not a minyan.) The Mor Ukesiah concludes that obviously the halacha is like the other rishonim who hold that a woman can not count for a minyan. That is the opinion of the Tosfot Brachot 45b s.v. vha, Tosfot Rabbenu Yehuda 45b s.v. vha, Tosfot Harosh 45b s.v. vha, Rambam . That is the opinion of Shulchan Aruch 55:4. Why?
    • Gilyonei Hashas Brachot 45b (quoted by Daf Al Hadaf) explains the reason that women can't join for a dvar shebekedusha is because they don't automatically inherit land of Israel and anyone who doesn't have a part of the land of Israel isn't considered connected to the Kahal Yisrael (Horiyot 6b). He explains that converts can join as a rabbinic enactment.
    • Mor Ukesiah 55 s.v. katuv bmordechai explains that women can't count for a minyan because of kavod hatzibur.
    • Can women be counted for a minyan for megillah? Meiri Brachot 47b s.v. amar hameiri nashim writes that women count for a minyan for megillah since they are equally obligated in that mitzvah. However, the Tosfot Rabbenu Yehuda 45b s.v. vha and Tosfot Harosh write that women don’t even count for a minyan for megillah.
  41. ↑ Rabbi Yehoshua Ben Levi (Brachot 47b) said that a child can be counted for a minyan. The Rif doesn't quote this statement. The Ramban (Milchamot 35b) explains that the Rif held that it wasn't accepted since the gemara on 48a says we don't follow any of the earlier statements on the topic of minyan and zimmun. Ravyah (cited by Mordechai Brachot 172), Rambam Tefillah 8:4, and Rashba Brachot 48a s.v. veleyt agree.
    However, Tosfot 48a s.v. veleyt quotes Rabbenu Tam who held that Rabbi Yehoshua Ben Levi was never rejected. The Ri disagreed and adds that Rabbenu Tam himself never followed his opinion in practice. Rosh Brachot 7:20 and Mordechai Brachot 172 quote the dispute of Rabbenu Tam and Ri and add that Rav Hai Goan agreed with Rabbenu Tam. Baal Hameor Brachot 35b agrees with Rabbenu Tam. (Raavad on Rif implies he disagrees with the Raavad.)
    • Orchot Chaim (Tefillah 73) records a story in which the Rabbenu Shimshon put a town in excommunication for disobeying his ruling and counted a child for a minyan. On the opposite extreme, the Kolbo ch. 11 at the end writes that the minhag of all of Yisrael is to count a child for a minyan. Bet Yosef 55:4 writes that this is an exaggeration.
    • Tosfot s.v. veleyt writes that even according to Rabbenu Tam you can only count one child and not multiple children. However, the Baal Hameor suggests that you can even count up to four children as long as there are six adults. Mordechai Brachot 172. Magen Avraham 55:5 writes that even in extenuating circumstances we only follow Rabbenu Tam and not the Baal Hameor. Mishna Brurah 55:24 agrees.
    • Tosfot writes that there's no advantage to having the child hold a sefer torah because a sefer torah isn't a person and doesn't add anything for a minyan. The Rama 55:4 writes that those who counted a child for a minyan didn't have them hold a sefer torah. Magen Avraham 55:4 writes that in his day the minhag was to count a child specifically holding a sefer torah.
    • Shulchan Aruch O.C. 55:4 rules that one can't count a child for a minyan at all. Rama argues that there's what to rely upon in extenuating circumstances.
  42. ↑ Mishna Brurah 55:24 writes that the Levush writes that the minhag is that we never rely on counting a child and also many poskim hold that one shouldn't count a child even in extenuating circumstances. Shu"t Yabia Omer 4:9 agrees. Yalkut Yosef Dinei Chinuch Katan pg. 56 writes that if you see that the group of people you are with are going to count a child, you should leave before they can so that they don't try to say things that require a minyan when they really don't have one.
  43. ↑ Yechave Daat 2:6
  44. ↑ Igrot Moshe OC 1:23 writes that since we learn the idea of a minyan from the meraglim it is acceptable to include someone who violates Shabbat for a minyan in order to say kaddish and kedusha, however it wouldn't be considered tefillah btzibur.
  45. ↑ The Yerushalmi Megillah 4:4 writes that it is forbidden for someone to leave a minyan and upon him the pasuk says that one who abandons Hashem will be destroyed (Yishayahu 1:28). This is quoted by the Rif Megillah 13b, Rosh Megillah 4:7, Rambam Tefillah 8:6, and Bet Yosef 55:2. Darkei Moshe 55:1 cites Mordechai Megillah 810 who says that if there's still a minyan left it is permitted to left the minyan. Rama 55:2 codifies this. Kitzur Shuchan Aruch 15:10 and Mishna Brurah 55:14 clarify that it is only permitted to leave if there's still a minyan left and one already heard every Barchu, Kedusha, and Kaddish until Aleinu.
  46. ↑ Mishna Brurah 55:12
  47. ↑ Kitzur Shulchan Aruch 15:10
  48. ↑ Kitzur Shulchan Aruch 15:10
  49. ↑ Kitzur Shuclhan Aruch 15:10
  50. ↑ Mishna Brurah 90:29
  51. ↑ Halichot Shlomo (5:4 pg 61) writes that for parnasa, health, or mitzvah needs one may travel to a place where one will not be able to find a minyan. Shevet Halevi 6:21:3 and Teshuvot Vhanhagot 2:63 agree that it is forbidden to vacation in a place without a minyan since one is actively giving up a mitzvah of dvarim shebekedusha and the importance of tefillah btzibbur.
  52. ↑
    • Rabbi Aryeh Lebowitz explained that this question would be dependent on another dispute whether davening in a minyan is an absolute obligation or an added feature to davening.
    • Rabbi Zylberman writes that according to Rav Moshe (Igrot Moshe 2:27) that going to minyan is an absolute obligation it is forbidden to vacation to a place without a minyan. However, according to the Emek Bracha (Birchot Kriyat Shema 1) that it isn't an absolute obligation perhaps it is permitted.
    • Theoretical discussion: [Rav Zalman Nechemyah Goldberg (Halichot Shlomo (page 72 and 358) at first writes that seemingly it would be permissible to put oneself in a situation where one will be without a minyan as long as the time for that tefillah did not arrive, similar to the Baal HaMoer who permits boarding a boat 3 days before Shabbat even if one might need to violate Shabbat for Pikuach Nefesh. (The reason for 3 days is that there is an extension of Shabbat into the last three days of the week, however, the obligation of tefillah only applies at the time of prayer). However, he strongly rejects this by saying that putting oneself in a situation of missing praying with a minyan because it would be out of one's control to get a minyan in one's destination is totally dissimilar to violating Shabbat for Pikuach Nefesh which is permitted. He says that going to such a place is like not building a Sukkah for Sukkot and trying to claim that it is out of one's control to sit in the Sukkah. He continues that perhaps the exemption from traveling more than a mil to find a minyan is not because of it being out of one's control, but that the obligation of minyan was removed by chazal for someone at such a distance, similar to someone beyond a certain distance at the time of korban pesach, then perhaps there would not be a prohibition to put oneself in such a situation. He leaves the question whether there is an obligation to find oneself in a place where there is a minyan (before the time of tefillah) unanswered, nonetheless, it is certain that the correct righteous practice would be not to put oneself in such a situation.]
  53. ↑ Rav Nevinsal in BeYitzchak Yikra 90:18
  54. ↑ Halichot Shlomo (chapter 5 note 25 pg 66) citing Tefillah Kehilchata 8:23 and Ahavat Chesed ch. 1 in fnt.
  55. ↑ Halichot Shlomo 5:17
  56. ↑ Shulchan Aruch 90:9, Mishna Brurah 90:29
  57. ↑ Igrot Moshe OC 3:7 writes that if you can have at least the basic kavana with a minyan then davening with a minyan which is an obligation trumps the possibility of having more kavana when davening privately. He explains that davening with a minyan guarantees that one's tefillah will be heard by Hashem and there's no such guarantee even for a tzadik when davening by himself. Also, it is possible that he might not daven with more kavana when at home. Mishna Brurah 51:20 writes that if it is so cold in shul that he won't be able to concentrate on Shemona Esrei at all he should daven at home with kavana.
  58. ↑ Rama 90:18, Mishna Brurah 90:56, Piskei Teshuvot 90:23 writes that this leniency is discouraged but there is what to rely on and quotes the son of the Chafetz Chaim who writes about his father when writing the Mishna Brurah would go ten hours at a time learning without eating or even stopping for mincha.
  59. ↑ Shulchan Aruch 90:18, Mishna Brurah 90:29, 57. See Sh”t Igrot Moshe 2:27 regarding missing minyan for learning.
  60. ↑ Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan. Halichot Shlomo 5:16 adds that even if one will only miss learning with a chevruta one should not go to the minyan; BeYitzchak Yikra (Rav Nevinsal) 90:18 writes that if a student in a yeshiva eats and sleeps by the yeshiva it is an imperative to daven in the yeshiva minyan and it is forbidden to daven in an even holier place such as by the Kotel because of Mitzvah HaBah BeAvierah!
  61. ↑ Mishna Brurah 90:56 writes that one who is going to give a shuir to the public may not miss out on the opportunity in order to go to a minyan.
  62. ↑ Rama 53:3 writes that a congregation which doesn't have a minyan at yishtabach should wait until they get a minyan. See both Magen Avraham 53:4 and Mishna Brurah 53:9 who mention waiting a half hour. Igrot Moshe OC 3:4 says that a congregation at the end of pesukei dzimrah should wait a little bit for a minyan but should not to wait a long time for a minyan since it causes people to talk and be mevatel torah.
  63. ↑ Biur Halacha 58:1 s.v. umitzvah
  64. ↑ Yalkut Yosef 89:18
  65. ↑ Biur Halacha 89:1 s.v. yatza, Avnei Yishfe p. 167 quotes Rav Elyashiv, Pri Yitzchak s.v. nachzor 1:2
  66. ↑ Avnei Yishfe p. 168 quoting Rav Ben Tzion Abba Shaul, Igrot Moshe 4:6 s.v. im ken
  67. ↑ Sh”t Sheilot Shmuel OC 12, Rav Elyashiv (quoted in Avnei Yashfei Tefillah page 167), Yalkut Yosef (Tefilla pages 137-139, 89:14)
  68. ↑ Rabbi Yisrael Belsky (OU Kosher Webcast, min 19:30-28:30), Igrot Moshe 4:6 s.v. im ken, Peri Yitzchak 1:2, Sh"t Yaskil Avdi 5:10, Sh"t Minchat Yitzchak 9:10, Chazon Ish (Ishei Yisrael 13:note 21)
  69. ↑ Rama 46:9, Igrot Moshe O.C. 4:6 s.v. im ken
  70. ↑ Biur Halacha 46:9 s.v. ki) isn't sure whether the Gra would prefer to daven by oneself with Kriyat Shema in the right time with Brachot and then juxtapose Shema to Shemona Esrei or not.
  71. ↑ Mishna Brurah 233:14
  72. ↑ Yalkut Yosef 89:16, Chacham Ben Zion Abba Shaul (cited in Ishei Yisroel page 296) and Chacham Ovadia Yosef (Yechave Daat 5:22)
  73. ↑ Yalkut Yosef 89:15
  74. ↑ Shulchan Aruch 235:1
  75. ↑ Even though the Gra (Maaseh rav n. 65 cited by Biur Halacha 235:1 s.v. vim) davened by himself rather than daven with the minyan before tzet, Igrot Moshe 2:60 s.v. val kol panim writes that since it is against most rishonim one shouldn't follow it unless one follows the Gra for everything. Piksei Teshuvot 235 fnt. 26 quotes the Kesot Hashulchan 26:12 who writes that if someone always davens before tzet hakochavim he should continue to do so without a minyan rather than daven early with a minyan.
  76. ↑ Shulchan Aruch O.C. 235:1, Mishna Brurah 235:8
  77. ↑ Shaar Hatziyun 235:16 writes that one shouldn't daven with a minyan before shekiya if on that same day one already davened mincha after plag hamincha.
  78. ↑ Tosfot Pesachim 46a s.v. ultefila, Hagahot Ashri (Kitvei Yad Pesachim 3:5), Shulchan Aruch O.C. 90:16
  79. ↑ Although Mishna Brurah clarifies that we follow distance when discussing someone riding an animal and not time, the poskim follow time. Drishu 90:59 quotes Rav Chaim Kanievsky (Ishei Yisrael ch. 8 fnt. 70) who distinguishes between riding an animal which is harder and should still follow distance as opposed to driving which is easier and should follow time. They also quote Rav Elyashiv (Peninei Tefillah p. 120) as holding by the time of the mil.
  80. ↑ Halichot Shlomo page 95, Igrot Moshe OC 4:20, Rabbi Hershel Schachter on torahweb.org
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