Q. (See questions 2771-74 above – regarding fences separating backyards for the purpose of having a minyan). How about if only some sections of the back yard are separated, but there are open spaces, as sometimes adjoining neighbors have when their children like to play together and they remove part of the fence. Can the two yards be counted as one to be able to repeat a full shemonezreih?
A. Horav Shlomo Miller’s Shlit’a opinion as quoted by Horav Aharon Miller Shlit’a is that since we consider the chain link fence as a mechitza or partition for a minyan, the Halacha of an eruv would apply and if there is an opening in the fence larger than ten amos (approximately 14f. – 4.5m.) the separation between the properties would not count.
The above applies even if only the chain link material was removed but the horizontal as well as the vertical poles remain. They are not considered as a “tzuras hapesach” or a formed entry that would qualify it still as a mechitza for eruv purposes, since it was not placed for that purpose.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a.