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.
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