[Avodah] Sh'as hadchak (was Street Minyanim)

[Chana Luntz]

RZS wrote:

<<I can't speak to what other people do, but my father told me that when the
Yeshivah was in Burwood they often couldn't get a minyan and asked the LR
about using a katan as the tenth, and the reply was that they were not to do
so under any circumstances.  I have heard similar things from other sources,
and have never heard otherwise until now, so I am surprised to hear that
your experience has been different.>>

Fascinating.  Thought I would just have a look to see what the Shulchan
Aruch haRav said on this, which is as follows (this is Shulchan Aruch HaRav
Orech Chaim siman 55 si'if 5):
There are those who permit to say a davar shebekedusha with 9 and join a
slave or a woman or a minor because on every ten members of the covenant the
shechina rests but it is not kavod shamayim to say a dvar shebekedusha with
less than 9 bnei mitzvot that 9 seems like ten, and so long as the minor is
more than 6 years and knows to whom he prays, that less than six even though
he knows, his opinion is nothing that behold he has not reached the period
of punishment, and behold he is like one who does not know, and there are
those who say that a woman or a slave or a minor is not joined in any
circumstance but it needs that all ten are male, free and adults that have
brought 2 hairs, and less than that the shechina does not rest, and we do
not say a d'var shebekedusha, and even by way of a sefer Torah that is in
the hand of the minor we do not join him, and so is the essence, and even so
we do not protest those that are accustomed to be lenient in a sh'as hadchak
to join by way of a chumash that is in his hand or even without a chumash
since there is to them on whom to rely, and in any event he should not say
except barachu and kadish that is an obligation, but not the kaddish that is
after alenu that is only a minhag.

While I was looking at the Shulchan Aruch HaRav I thought I would see what
he says about our "one place" issue regarding joining to a minyan - have a
look at siman 55:15-22, particularly si'ifim 16-17.  Note that he clearly
follows the Magen Avraham and other Ashkenazi Achronim who hold that seeing
is enough, and brings explicitly that it is the Shatz  in the doorway seeing
those outside and outside a shul that allows the joining of the minyan (not
the idea that he is the link between overlapping domains).  So it is not
surprising that those from the chaddishe velt are leading on those who hold
that porch minyanim are mutar. 

Regards

Chana