“Question: Is it possible to create a minyan if the participants are on different balconies and not together in one place?
Discussion: The Shulchan Aruch (Orach Chayim Siman 55 se’if 13) tells us that the ten members of a minyan have to be in one location. The Mishna Berura (s.k. 48) explains that this is even if they cannot see each other; since they are in one room they combine to create a minyan.
In the next se’if (se’if 14) the Shulchan Aruch writes that if an individual stands behind the Beis Haknesses and between [the mispallelim in the Beis Haknesses and the individual standing behind the Beis Haknesses] there is a window, he can join with them to form a minyan – even if they are standing on different levels. The Shulchan Aruch (ibid) writes about the individual standing behind the Beis Haknesses that “he shows them his face” [and seeing them combines him with them to create a minyan]. It is clear that the various participants need to see each other in order to combine; although it appears that it is enough if one party sees the other and we do not require both parties to see each other.
The Mishna Berura (s.k. 52) explains that although there is a mechitzah (physical separation) between them; since all participants can see each other, it can be compared to participation for zimun where we find (Orach Chayim Siman 195 se’ifim 1&2) that if [there are several groups of people eating together and] some members of one group can see some members of another group, then the groups may join together to form a zimun.
The Mishna Berura (ibid) writes that based on this, those individuals who daven in the ezras noshim can combine with people who are davening in the Shul [downstairs], as long as the individuals upstairs can be seen by those in the Shul. He also writes that all the more so if there is already a minyan together in the Shul then the individuals in the ezras noshim can combine with the existing minyan so that their tefilla will be considered tefilla b’tzibbur.
The Bi’ur Halocho (Siman 55 d.h. “v’lechutz”) points out that ideally all participants should be in the same location, without having to rely on the leniency of seeing each other to form a minyan (the Bi’ur Halocho explains that the precedent that participants seeing each other does in fact combine them is a revolution of the Rashbo, and the Rashbo only wrote this as a possibility, and not as a conclusive ruling).
Similarly, the Mishna Berura (s.k. 52) writes that if it is easily possible, one should ideally daven in the same physical location as the other participants, because some of the Rishonim maintain that we cannot extrapolate from the rules of zimun to tefilla [and therefore there is no precedent that participants seeing each other does in fact combine them for a minyan for tefilla].
One further detail that needs to be discussed is regarding combining participants from different balconies on different sides of the street: In Hilchos Zimun, the Shulchan Aruch (Siman 195 se’if 1) quotes an opinion that maintains that if there is a public thoroughfare that divides between the participating groups of the zimun, they cannot combine [even if they can see each other (Mishna Berura s.k. 8)]. The Taz writes that the “public thoroughfare” does not only mean a proper “reshus horabim”; but even a path will also prevent participants combining if they are on different sides of the path. According to this opinion, participants on different sides of a street cannot combine.
It should be noted that this opinion is quoted by the Shulchan Aruch as “yesh mi she’omer…” “there is an opinion that says…”. Various commentaries explain (see Chelkas Mechokek Even Ho’ezer Siman 1) that when the Shulchan Aruch writes a general ruling [known as “stam”] followed by a “yesh mi she’omer…” then the halocho actually follows the first general ruling [the “stam”] and the Shulchan Aruch is telling us that it would be prudent to follow the “yesh mi she’omer…” as well.
Conclusion: Ideally, the participants of a minyan should all be in one physical location. If this is not practical, it is possible to create a minyan consisting of participants in different places, as long as they can see each other (or some participants can see the other participants; even if both parties cannot see each other). Regarding participants who are on different sides of the street; wherever possible this should be avoided (because according to one opinion there can be no combining of participants in such a situation), but if there is no alternative then even participants on different sides of the street can combine to create a minyan.
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