Translation:Shulchan Aruch/Orach Chaim/55
55: Laws of Kaddish.
1 We say kaddish and we do not say it with less than ten free grown men that have grown two hairs and this is also the law for kedusha and barchu which are not said with less than ten.
2 If one began to say kaddish or kedushah with ten, and a few of them left, they finish saying that kaddish or that kedushah that they began; and this is if the majority of them remained. Gloss: And in any case, it is a transgression to leave and about them is said "And they that abandon God shall be consumed" [Yerushalmi]. However, if ten remain, it is okay to leave [Mordechai, last chapter of Megillah].
3 If one has begun with "the Fathers" and some of them have left, one finishes even the kedushah. Gloss: And if some of them have left after they started to recite the prayer of Yotser, the prayer-leader should not start to recite the prayer in a loud voice, for the prayer of Yotser has already concluded. And if they have left after he started in a loud voice and kedushah, they can finish the entire order of kedushah and say the full kaddish that's after it, for it belongs to the prayer, for he says "Their prayer shall be accepted" etc. But the Torah is not read, for this is a different matter. And the prayer of arbith and the kaddish that's after it does not belong to the reading of Shema and its blessings [Rabbi Nissim, Chapter "He who Reads the Scroll"; Shibbolei haLeket; and Terumat HaDeshen, No. 15].
4 There are those who permit saying words of kedusha with nine and with the addition of one youngster who is over the age of six and who is aware of whom they are praying to; and their words do not appear correct to the great authoritative adjudicators. And this is also the law regarding a slave and a woman, that are can not be joined. Gloss: And even through a Pentateuch that's in his hand, he should not be considered as joined. However, there are those who are accustomed to be lenient during a time of urgency. [Rabbi Asher; and Mordechai; and Haggahot Maimuni, Chapter 9 of the Laws of Prayer].
5 If he lacks two hairs, even if he is an adult in terms of age, the law is to him as to a minor until he has lived a majority of his years because then it is obvious that he is an eunuch. If the signs of being a eunuch are seen in him earlier than this, the law treats him as an adult. Gloss: And still, we are not so meticulous about the hairs; instead, anyone who has reached his years is treated as an adult and we say concerning this, probably he has brought two hairs [Rabbi Joseph Colon, Shoresh 49].
6 And if one of the ten has begun to pray alone and is unable to respond with them, or is asleep, even in this case, we consider him joined with them.
7 When one is praying by himself, it is right for the others to wait to say kaddish until he has finished in order to grant him the ability as well.
8 A deaf person who speaks and doesn't hear or hears and doesn't speak are like hearing ones and are joined. But one who doesn't hear and doesn't speak is like an insane person and a minor.
9 One is always a minor until he'll bring 2 hairs after he'll be 13 and-one-day old. And a leap year is one with 13 months.
10 If one youngster was born on the 29th of Adar Rishon of a leap year and one youngster was born in Adar Sheni on the first, and the 13th year isn't a leap year, the one that was born on the 29th of the first Adar needs to wait until the 29th of Adar in the 13th year to be a 13-year-old and the one that was born after him on the first of the second Adar will be a 13-year-old as soon as the first of Adar of the 13th year arrived. Glossː And one who was born in Adar, and becomes bar mitzvah on a leap year, doesn't become bar mitzvah until the second Adar [Responsa of Rabbi Judah Minz, No. 9].
11 A criminal who transgressed a decree of the public or who transgressed a sin, if they did not excommunicate him, he's counted in the minyan of ten.
12 One who was excommunicated is not joined for anything that needs 10. But it's permitted to pray at the synagogue that he's there, unless they explicitly stated to be stringent upon him as such.
13 All of the ten need to be at one place, and the prayer-leader among them. And one who's standing within the doorway, from the wing and outward, meaning, when one closes the door, in the place of the inner [edge] of the thickness of the door and outward – is like outside.
14 One who's standing behind the synagogue, and a window is between them, even if it's several stories high, even if it does not have the width of four – and he shows them his face from there – he is joined with them for ten. Glossː Roofs and upper stories are not included in a house and one who's standing on them is not joined [Rabbi Yerucham, Netiv 3, Chelek 7].
15 If some of them are inside and some of them are outside, and the prayer-leader is within the doorway, he joins them.
16 A small yard that's broken in its entirety into a large one, meaning that the small one is broken in the place of its connection into the large one, and that entire wall that was separating between them fell down, and in the large one, there remained of the remnants of this wall that fell, pasim [meaningː a little bit of straight and even wall], from here and from there – the large one is like it's removed from the small one, and the small one is not removed from the large one, but it's like its corner. Therefore, if nine are in the large one and one in the small one, they are joined, for the small one is dragged after the large one and it's as if it's inside the large one, since the majority is in the large one. But if there were nine in the small one and one in the large one, or five in this one and five in this one, they are not joined.
17
The prayer-leader was in the small one and the congregation in the large one – he fulfills the duty on their behalf, for he is dragged after them. But if the prayer-leader was in the large one and the congregation in the small one – he doesn't fulfill the duty on their behalf, for the majority is not dragged after the individual.
18
If some of the ten are in the synagogue and some of them in the courtyard, they are not joined.
19 The prayer-leader is at the ark and 9 in the synagogue – they are joined, although it has the height of 10 and width of 4 and has partitions with the height of 10, because it's neutralized with respect to the synagogue. And there are those who wrote that these words are only providing that the partitions do not reach the ceiling.
20 There were ten in one place and are saying kaddish and Kedushah – even one who is not with them can answer. And there are those who say that it's needed that filth or an idol should not interrupt.
21 A city in which there are only ten, and one of them wants to leave on the Days of Awe – he is forced to remain or to hire someone else in his place. And if they are 11, and two want to leave – the two of them should partner with each other to hire someone in their place, and both of them should pay equally. And if one is poor and one is rich – they pay half of it according to capital and half of it according to souls. And the wage of the hazan is upon those leaving like on those remaining.
Glossː [And there's no difference whether if he wants to go a long time before yom tob or not, as long as he won't return for yom tob. Rabbi Yaakov Levi, No. 427].
22 Force is not applied to hire in order to complete a minyan, except on the Days of Awe, and in a case that only one or two are absent – except if it's a permanent and publicized custom in the city to force in order to hire even in the absence of 3 or 4. If there's a minyan of the inhabitants of the city, force is applied to hire a hazan.
Glossː And likewise, in a place where there isn't always a minyan in the synagogue, one forces another with fines that a minyan should always come to the synagogue so that the regularity should not be canceled [Responsum of Rabbi Isaac ben Sheshet, No. 518]. And see below, beginning of Chapter 150, whether one forces another to build a synagogue.