One Who Does Not Keep Shabbos
Question
It is said that if one does not keep Shabbos, he is Halachicly considered to be like a gentile. What are the implications of that: is it true and if so, do we count such people in minyanim, witnesses, marriage, etc?
Answer
Shalom!
Thank you for your question.
While it is true that historically one who did not keep Shabbos was equated with a Gentile this case is different nowadays.
This is because nowadays most of those who do not keep Shabbos are referred to as "Tinok Shenishba" which refers to people who did not have a proper Torah upbringing. As a result, they are not considered to be completely at fault for their transgressions.
So, in practice: with regard to counting him as part of a Minyan, it would depend on the following:
A mumar lehachis (one who sins intentionally to provoke) or someone who publicly desecrates Shabbos for example he desecrates Shabbos in front of an Adam Gadol (a distinguished person), does not count for a minyan.
However, if he is not a mumar lehachis, and he is embarrassed to desecrate Shabbos in the presence of a distinguished person, then he does count for a minyan.
This halacha is specifically with regard to someone who was once educated as a shomer torah mitzvot and was taught the halachaot however if the person was never taught halachaot, then it is considered as an 'ones' (not a Mumar), and then could always count as a minyan as long as he is not a kofer, or someone who fights against the dat Moshe veYisrael.