Q. A father promised his son, who always came late to davening a monetary gift for every day he was one of the first ten people to make the Minyan. If the son came on time to be of the first ten and left his Tefilin on a table, but then exited to attend the bathroom, and when he came back there were already more than ten people. Does it still count as being one of the first ten?
A. See question 2991 regarding the importance of being one of the first ten to make the Minyan and bring the Shechina.
Horav Shlomo Miller’s Shlit’a opinion is that in this case if he had in mind to return immediately and he only attended the bathroom to pass water, it is still considered as being one of the first ten who bring the Shechina to the Minyan. The same would apply to anyone attending a Minyan.
Horav Dovid Pam Shlit’a pointed out to a similar ruling in Eishel Avrohom – Tanino (H. Tefilin – Magen Avrohom 3).
Rabbi A. Bartfeld as revised by Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a