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Rabbi Yishai Natan –
Q: Does the hazzan have to wait until nine people have finished Shemoneh Esreh before starting Hazarat HaShatz, or can he may begin once six have finished and the other four are still praying?
A: Maran writes in Shulhan Aruch (O.H. 124:4) that if there are not nine people paying attention to the blessings of the hazzan, his blessings are “close to being berachot levatalah.” However, in O.H. 55:6, Maran rules that someone who is still praying and cannot answer may nevertheless be counted in the minyan. This apparent contradiction led to different opinions among the poskim.
There is a distinction between Hazarat HaShatz and Kaddish. Regarding Kaddish, most of the Sephardic poskim write that even if two, three, or four of the ten are still praying, it may be said as long as a majority can answer. This is the opinion of the Ben Ish Hai (Vayehi, 5), Rav Ovadia Yosef (Halichot Olam vol. 1 p. 84), Hacham Ben Tzion Abba Shaul (Or LeTzion, vol. 2, 5:6), Rav Mordechai Eliyahu (Ma’amar Mordechai – Lemot HaHol, ch. 11), and Rav Yitzhak Yosef (Yalkut Yosef, 2:124:16).
However, for Hazarat HaShatz, the Ben Ish Hai (ibid. 6) requires nine people who can listen and answer Amen. This is also the opinion of Hacham Ben Tzion Abba Shaul and Rav Mordechai Eliyahu. According to this view, even if eight have finished and only one person is still praying, the hazzan should wait.
The Yalkut Yosef (ibid.) is more lenient. He writes that if one of the ten is still praying, he still joins the minyan, and me’ikar hadin the hazzan may begin the repetition. However, when waiting will not cause significant tirha detzibbura, it is better to wait. This more lenient approach is also found among Ashkenazi poskim, including the Aruch HaShulhan (O.H. 55:12–13) and Tzitz Eliezer (12:9), who allow relying on those still praying to complete the minyan, especially when there is a need.
Therefore, regarding Kaddish, there is strong support for beginning as long as ten men are present and at least six are able to answer. Nevertheless, Maran (Shulhan Aruch 55:7) writes that if one person is still praying, it is proper to wait for him to finish so that he, too, can have the zechut to answer the Kaddish. Regarding Hazarat HaShatz, however, there is a major dispute. The Ben Ish Hai, Ohr LeTzion, and Rav Mordechai Eliyahu require nine people to listen and answer, while Yalkut Yosef and other poskim allow greater room for leniency when waiting would cause tirha detzibbura.