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Minyan in stairwell

Question:

Just for further clarification. The following is a copy of our communication:

Question:
My apartment building has a minyan. Two groups are in their apartments, have their apartment doors opened, and the shatz stands in the stairwell in between the two apartments, seeing . The third group is in the stairwell, one half of a flight up. The shatz does not necessarily see him. The steps in between the shatz and the third group are 4 ft 6 in high, and 4 ft 8 in long, meaning they are mislaket asara mitoch arba. Are the shatz and the third group in one rshus separate rshuyos, since the steps are a mchitza, or are they in one rshus, mdin sulom?

Answer:
If the shatz can see some of them, they are mitztaref to the minyan. This is b’dieved however the poskim say that in our present situation wee can rely on these opinions. Otherwise if there are ten people on the lower floor, those on the upper floor can daven with them since there is already a minyan.

What is the din if the shatz CANNOT see the participants on the upper floor? Are the steps a mchitza to be mafsik the tziruf, or are the steps NOT a mchitza to be mafsik the tziruf?

Answer:

The steps are like a mechitza, and they can not be considered as davening in the same place, however thee is still the opinins that even if they are not in the same place, if they can see each other that they can be metztaref together. Additinaly even they are not metztaref together, if there is a minyan on the lower floor, then even others in a differant reshus can daven at the same time and it is considered tefillah b’tzibbur.

Sources:

 

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