Who’s in the minyan and who isn’t TB Pesakhim 85

Although today’s daf TB Pesakhim 85 deals laws particular to the korban Pesakh, like the prohibition of breaking the bone (שבירת העצם) and the prohibition of a limb going outside it’s permissible borders (יוצא), the Gemara draws a practical implication that is relevant in deciding who is counted in the minyan and who isn’t.

If one removes a limb from the korban Pesakh, that limb becomes pasul (פסול) and the celebrant is forbidden to eat it. The Gemara delineates the boundaries of the korban Pesakh. One is not allowed to remove the Passover sacrifice from the house or even from one group to another group within a house based on the verse “In one house shall it be eaten; you shall not carry out any of the meat from the house to the outside” (Exodus 12:46)

 The Mishnah defines whether the doorway is inside the house or outside the house. “How does one determine the outer boundaries of a particular location? Anything that is located from the inside of the doorway inward is considered as though it is inside, and anything that is located from the doorway outward is considered as though it is outside. And the windows in the wall and the thickness of the wall are considered as though they are inside, such that an offering is considered to have exited the premises only if it is taken outside the wall.” (Sefaria.org translation)

Now for the practical halakha. “Rav Yehuda said that Rav said: And the halakha is similar with regard to prayer, (according to Rashi that means) that one who is standing outside the doorway cannot be included together with those praying inside (as part of the minyan. Albeit, he can fulfill his obligation when he listens to the prayers and responds appropriately-gg)[1]. (Sefaria.org translation) The Shulkhan Arukh decides Jewish law in favor of Rav over Rabbi Yehoshua ben Levi who said “Even a barrier of iron does not separate between the Jewish people and their Father in Heaven. Barriers are irrelevant with regard to prayer.”[2] (Sefaria.org translation)

Here are the relevant citations Shulkhan Arukh, Orekh Hayyim, 55:13-15.

“All of the 10 need to be in one place and the prayer leader with them. And the one who stands in the middle of the doorway between a part of a building and outside such that when one closes the door [one is] in a place from the inside [lip] of the thickness of the door and outwards - it is like outside.

“One who stands behind the synagogue and in-between them is a window - even if it is several stories high [and] even if it's not 4 wide - and his face is seen by them from there, he joins with them for the 10. Gloss: [those in] roofs and upper stories are not included in the synagogue and the one who stands on them is not joined [to the 10]. [Ri ??]

“If a few of them are inside and a few of them are outside, and the prayer-leader is in the middle of the doorway, he joins them [together for a minyan].” (Sefaria.org translation)

 

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[1] This forms a basis of the teshuvah by Conservative movement concerning zooming on Shabbat and holidays. One position requires an in-house in person quorum to recite all the prayers that need a minyan and allows those attending on zoom to fulfill their obligation as well.

[2] Rashi understands this to be referring to the priestly benediction.