Q. (Re-question 2976). Rav Shlomo Miller paskened that one does not leave the status of being from the first ten if he leaves to use the bathroom or to fulfill a tefilla requirement. Now, Rav Miller said that he has to be there at the beginning of tefilla to count as the first ten. Please clarify.
A. Indeed on question 2236 regarding one who came to shul among the first ten, but stepped out to wash his hands or to relieve himself in preparation for prayer, and someone else came in. Who has the zechus of bringing in the Shechina – the person who was originally the tenth, or the next person?
If a shul has a takana that they give preference for aliyos to the first ten people that come; in the above case. who is the chosen one?
To what we answered; 'Horav Shlomo Miller’s Shlit’a opinion is that if he stepped out to fulfill a tefila requirement, his exit does not nullify his early attendance and he maintains his status of being from the first ten.'
The above does not contradict what we explained in question 2976, that he has to be present at the beginning of the tefilah and be part of the complete minyan, before he departs temporarily. We must add that the activity he is engaging, by Halachic definition, has to be something permitted to do before davening.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Important Numbers
