[Avodah] Counting a Wife Beater Toward a Minyan

[Micha Berger]

In my series of QSA on CM, I got to 184:1. I'm deleting the Hebrew for
logistical reasons, but you can see a menuqad
text at http://www.kitzur.net/main.php?siman=184&nk=1

Here is my translation:
    A person is prohibited from hitting his friend, and if he does hit
    him, he violated a prohibition. As it says, "If" the court "must give
    the wicked person lashes, [the judge will knock him down and whip
    him before him according to his evil in number." A maximum of under
    "forty times you shall hit him, no more; [lest you exceed hitting
    him for these, a great smiting, and your brother will be ashamed
    before you]." (Devarim 25:2-3) If the Torah was careful with the
    corporal punishment of someone evil that he should not be hit more
    than his wickedness [merited], a fortiori with the hitting of a
    righteous person!

    Whomever raises a hand against his friend to hit him, even though he
    didn't actually hit him, is called "a wicked person". As it says,
    [that Moshe "went out on the 2nd day" from Par'oh's palace "and
    he saw two men, Hebrews, arguing,] and he said to the wicked one,
    "Why will you hit your peer?" It does not say, "Why did you hit?" but
    rather "Why will you hit?" Even though he didn't hit him yet, he is
    still called a wicked person.

    Whomever hits his friend, he is excommunicated with an excommunication
    of the ancients. One does not include him to a minyan of ten for
    any declaration of sanctity until a beis din releases him from the
    excommunication, when he accepts upon himself to listen to their
    ruling.

    If someone is hitting him or another Jew and there is no way to
    save himself or his friend from the hand of his attacker accept by
    hitting him [the attacker], it is permissible to hit him.

At 9:06am EST this morning, R Dmitry Kreslavskiy (CC-ed; a friend of mine from
around the neighborhood) commented:
    So how does this work? If a person is a home abuser, G-d forbid, and
    hits his wife, that means he cannot be counted towards a minyan? So
    what happens if he davens with another group of 9 unsuspecting
    people? Is such davening not considered davening with a minyan?

To which I replied:
    I think you're right. I think the people would be beshogegim not
    davening with a minyan. (Unless a rasha, like a qatan, could be
    counted in extremis at the 10th toward a minyan with sefarim present.)

    It's certainly worth bouncing of the chevrah on Avodah.

So, I'm asking.... What do you think?

Tir'u baTov!
-Micha

-- 
Micha Berger             Live as if you were living already for the
micha at aishdas.org        second time and as if you had acted the first
http://www.aishdas.org   time as wrongly as you are about to act now!
Fax: (270) 514-1507            - Victor Frankl, Man's search for Meaning