Question:
We were 5 people that did not daven maariv and 5 people did daven already .they told us we need to have 6 people that did not daven yet is this tru and why
Answer:
They are right, as the Rambam HIlchos Tefillah 8-4, that even b;dieved in order to be tefilah b’tzibur there is a need that most of the minyan ( which is six) that are davening didn’t daven yet. Also see M:B 69-8.