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Mezuzah: Difference between revisions
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===Which Is the Right Side?=== | ===Which Is the Right Side?=== | ||
#The criteria by which one can determine which side the mezuzah should be used in the follow order<ref>*According to [http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter] the rules are ordered 1, 2, 3, 4, 5. This is repeated in another [https://www.yutorah.org/sidebar/lecture.cfm/900758/rabbi-hershel-schachter/highlights-of-hilchos-mezuzah-renting-rules-height/ shiur]. | #The criteria by which one can determine which side the mezuzah should be used in the follow order. For other opinions of how to order these criteria see footnote.<ref>*According to [http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter] the rules are ordered 1, 2, 3, 4, 5. This is repeated in another [https://www.yutorah.org/sidebar/lecture.cfm/900758/rabbi-hershel-schachter/highlights-of-hilchos-mezuzah-renting-rules-height/ shiur]. | ||
*According to Igrot Moshe YD 4:43 the rules are ordered 1, 2, 4, 3, 5. Teshuva M'ahava 1:61, Minchat Yitzchak 1:89 and 3:47, Chovat Hadar 8:1:4, | *According to Igrot Moshe YD 4:43 the rules are ordered 1, 2, 4, 3, 5. Teshuva M'ahava 1:61, Minchat Yitzchak 1:89 and 3:47, Chovat Hadar 8:1:4, Aruch Hashulchan 289:8, and Yalkut Yosef (Sova Semachot v. 1 Makom Vseder Keviyut Mezuzah fnt. 76) agree. | ||
*According to Chelkat Yakov YD 161 the rules are ordered 1, 2, 3, 5, 4. Hamezuzah Vehilchoteha 11:12 agrees. | *According to Chelkat Yakov YD 161 the rules are ordered 1, 2, 3, 5, 4. Hamezuzah Vehilchoteha 11:12 agrees. | ||
*According to Daat Kedoshim YD 289:11 the rules are ordered 1, 2, 5, 3, 4.</ref>: | *According to Daat Kedoshim YD 289:11 the rules are ordered 1, 2, 5, 3, 4.</ref>: | ||
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*Majority of achronim accept the Maharil. Taz 289:3, Maharam Shik 287, Maharsham 1:71 and 3:154, Chelkat Yakov YD 162, Yeshuot Malko (Mezuzah 6:1), Igrot Moshe YD 1:181, Or Letzion YD 1:14, and Yabia Omer YD 4:23:6 agree with Maharil in this case. Binyan Tzion (cited by Chelkat Yakov) and Chazon Ish YD 168:5 agree with Bet Meir. | *Majority of achronim accept the Maharil. Taz 289:3, Maharam Shik 287, Maharsham 1:71 and 3:154, Chelkat Yakov YD 162, Yeshuot Malko (Mezuzah 6:1), Igrot Moshe YD 1:181, Or Letzion YD 1:14, and Yabia Omer YD 4:23:6 agree with Maharil in this case. Binyan Tzion (cited by Chelkat Yakov) and Chazon Ish YD 168:5 agree with Bet Meir. | ||
*Or Letzion YD 1:14 write that the opinion of the Maharil depends on the dispute between the Rambam and Rosh. According to the Rambam that a bet shaar is obligated because of the house that it is attached to the mezuzah should be on the left side and according to the Rosh the rabbinic obligation is for the bet shaar itself and accordingly the mezuzah should be on the right. Or Letzion concludes to place the mezuzah on the right because either we follow the Rosh or the Chikrei Lev. Yeshuot Malko (Mezuzah 6:1) advances the same argument. However, both Or Letzion and Yeshuot Malko conclude that we accept the Maharil. Igrot Moshe YD 1:181 rejects the entire question and explains that the Rambam would hold that the bet shaar is obligated in it of itself once it is attached to a place that is used for living. He accepts the Maharil. Our summary is that most accept the Maharil in this case and would hold to put up the mezuzah on the right side.</ref> | *Or Letzion YD 1:14 write that the opinion of the Maharil depends on the dispute between the Rambam and Rosh. According to the Rambam that a bet shaar is obligated because of the house that it is attached to the mezuzah should be on the left side and according to the Rosh the rabbinic obligation is for the bet shaar itself and accordingly the mezuzah should be on the right. Or Letzion concludes to place the mezuzah on the right because either we follow the Rosh or the Chikrei Lev. Yeshuot Malko (Mezuzah 6:1) advances the same argument. However, both Or Letzion and Yeshuot Malko conclude that we accept the Maharil. Igrot Moshe YD 1:181 rejects the entire question and explains that the Rambam would hold that the bet shaar is obligated in it of itself once it is attached to a place that is used for living. He accepts the Maharil. Our summary is that most accept the Maharil in this case and would hold to put up the mezuzah on the right side.</ref> | ||
##If a closet is exempt from mezuzah should it have a mezuzah going from the exempt area into the room since it is like an entrance to the room? Most Ashkenazim hold that a mezuzah is placed on the left side going into an area that is exempt, while Sephardim hold that the mezuzah is placed on the right side. <ref>Rabbi Akiva Eiger 286:13 writes that since the area is exempt from a mezuzah it can still be considered an entrance into the room. The Chazon Ish YD 168:5 agrees and adds that accordingly the mezuzah should be placed on the left side going from the exempt area into the room. Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19), [http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter in “The Laws of Mezuzah” (min 34-42)], | ##If a closet is exempt from mezuzah should it have a mezuzah going from the exempt area into the room since it is like an entrance to the room? Most Ashkenazim hold that a mezuzah is placed on the left side going into an area that is exempt, while Sephardim hold that the mezuzah is placed on the right side. <ref>Rabbi Akiva Eiger 286:13 writes that since the area is exempt from a mezuzah it can still be considered an entrance into the room. The Chazon Ish YD 168:5 agrees and adds that accordingly the mezuzah should be placed on the left side going from the exempt area into the room. Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19), [http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter in “The Laws of Mezuzah” (min 34-42)], Binyan Tzion 99, and Rav Heinemann (Star-K Kashrut Kurrents Winter 5779 p. 2) agree. | ||
*However, the Chikrei Lev YD 129 argues that since the area is exempt in it of itself it is never considered an entrance just because you can enter it and then while exiting it enter into another room. That is considered an exit and not entering. Or letzion YD 1:14 isn’t certain if the Chikrei Lev is correct but he certainly considers his opinion significant. Yabia Omer 4:23:6 is also uncertain of Rabbi Akiva Eiger and cites Tzur Yakov and Tarshish Shoham quoting Lechem Hapanim who disagree with Rabbi Akiva Eiger. Igrot Moshe YD 1:181, Agur Bohalecha p. 739-740, Chesed Lavraham YD 91, and R’ Simon all agree with Chikrei Lev and reject Rabbi Akiva Eiger.</ref> | *However, the Chikrei Lev YD 129 argues that since the area is exempt in it of itself it is never considered an entrance just because you can enter it and then while exiting it enter into another room. That is considered an exit and not entering. Or letzion YD 1:14 isn’t certain if the Chikrei Lev is correct but he certainly considers his opinion significant. Yabia Omer 4:23:6 is also uncertain of Rabbi Akiva Eiger and cites Tzur Yakov and Tarshish Shoham quoting Lechem Hapanim who disagree with Rabbi Akiva Eiger. Igrot Moshe YD 1:181, Agur Bohalecha p. 739-740, Chesed Lavraham YD 91, and R’ Simon all agree with Chikrei Lev and reject Rabbi Akiva Eiger.</ref> | ||
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#The mezuzah should be placed at the beginning of the upper third of the height of the doorway<ref>Kitzur Shulchan Aruch 11:5, Rashi Menachot 33a s.v. “bitechila,” Rambam Hilchot Mezuzah 6:12, Tur 289, Prisha 289:6, Shulchan Aruch 289:2, Levush 289:2, Chayei Adam 15:17, Pitchei Mezuzahs 289:24, Chovat Hadar 8:2:4, Teshuvot Vihanhagot 2:539. See Yabia Omer YD 2:21 where Chacham Ovadia Yosef quotes poskim who say that if it was placed higher than the beginning of the top third it should be moved without a beracha to there, but himself disagrees. </ref> but it should be placed at least a [[Tefach]] from the top of the doorway. <ref>Tur 289, Shulchan Aruch 289:2, Levush 289:2, Kitzur Shulchan Aruch 11:5 </ref> If it is not in the top third it isn't kosher. <ref>Beit Yosef 289, Shach 289:4, Taz 289:3. </ref> | #The mezuzah should be placed at the beginning of the upper third of the height of the doorway<ref>Kitzur Shulchan Aruch 11:5, Rashi Menachot 33a s.v. “bitechila,” Rambam Hilchot Mezuzah 6:12, Tur 289, Prisha 289:6, Shulchan Aruch 289:2, Levush 289:2, Chayei Adam 15:17, Pitchei Mezuzahs 289:24, Chovat Hadar 8:2:4, Teshuvot Vihanhagot 2:539. See Yabia Omer YD 2:21 where Chacham Ovadia Yosef quotes poskim who say that if it was placed higher than the beginning of the top third it should be moved without a beracha to there, but himself disagrees. </ref> but it should be placed at least a [[Tefach]] from the top of the doorway. <ref>Tur 289, Shulchan Aruch 289:2, Levush 289:2, Kitzur Shulchan Aruch 11:5 </ref> If it is not in the top third it isn't kosher. <ref>Beit Yosef 289, Shach 289:4, Taz 289:3. </ref> | ||
#If a doorway is very tall, according to Ashkenazim, one should put up the mezuzah at shoulder height. <ref>Yerushalmi Megillah 4:12, Tosfot Yoma 11b s.v. shein, Shach 289:4</ref> However, according to Sephardim, one should place it in the upper third in all circumstances.<ref>Yalkut Yosef YD 285:77</ref> | #If a doorway is very tall, according to Ashkenazim, one should put up the mezuzah at shoulder height. <ref>Yerushalmi Megillah 4:12, Tosfot Yoma 11b s.v. shein, Shach 289:4</ref> However, according to Sephardim, one should place it in the upper third in all circumstances.<ref>Yalkut Yosef YD 285:77</ref> | ||
#If the doorway is arched there is a dispute whether the height of the doorposts includes the arched section where the doorway has a width of 4 tefachim. Therefore, if there is a small area which is arched and the doorway has a width of greater than 4 tefachim, it is possible to satisfy both opinions by placing it on the vertical section of the door but still within the top third of the doorway. <ref>Chovat Hadar (p. 59, n. 35)</ref>(For example, if a doorway is 90 inches and the top 12 inches are arched and still has a width of tefachim, one should place the mezuzah in the vertical section above 60 inches.<ref>According to the opinion that the arched section is included the mezuzah should be placed at 60 inches (2/3 of 90) and above and according to the opinion that the arched section isn't included the mezuzah should be placed at 52 inches (2/3 of 78) and above. To satisfy both opinions one can place it at 60 inches where the doorpost is still vertical. </ref>) | #If the doorway is arched there is a dispute whether the height of the doorposts includes the arched section where the doorway has a width of 4 tefachim. Therefore, if there is a small area which is arched and the doorway has a width of greater than 4 tefachim, it is possible to satisfy both opinions by placing it on the vertical section of the door but still within the top third of the doorway.<ref>Chovat Hadar (p. 59, n. 35)</ref> (For example, if a doorway is 90 inches and the top 12 inches are arched and still has a width of tefachim, one should place the mezuzah in the vertical section above 60 inches.<ref>According to the opinion that the arched section is included the mezuzah should be placed at 60 inches (2/3 of 90) and above and according to the opinion that the arched section isn't included the mezuzah should be placed at 52 inches (2/3 of 78) and above. To satisfy both opinions one can place it at 60 inches where the doorpost is still vertical. </ref>) | ||
# If the height of the arch is more than one third of the height of the entire doorway so that it isn't possible to satisfy both opinions the primary opinion is to place the mezuzah two thirds up the vertical part of the doorway excluding the arch.<ref>Chovat Hadar p. 60 n. 35 writes that the Taz 287:2 in such a case says to place the mezuzah in the arched part like Rashi. He explains that even Rambam could agree since anyway there is a vertical doorway that is 10 tefachim. Chovat Hadar quotes achronim who disagree and side with Rambam. Shulchan Aruch YD 287:2 holds like the Rambam.</ref> | |||
==Having one's Mezuzot checked== | ==Having one's Mezuzot checked== | ||
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#If a mezuzah fell down and one is putting it up again one must recite a bracha before putting it up again if the doorway has a door and the room is at least 4 by 4 [[amot]] in size. <ref>Kitzur Shulchan Aruch 11:7, Beer Moshe 6:6, Chovat Hadar (11:15:footnote 29), Kuntres Hamezuzah 289:7, Avnei Yashfei 1:207:3-4, Rivevos Ephraim 2:28:5. Orchos Rabbeinu (v. 3, p. 178 #38) however, disagrees. </ref> | #If a mezuzah fell down and one is putting it up again one must recite a bracha before putting it up again if the doorway has a door and the room is at least 4 by 4 [[amot]] in size. <ref>Kitzur Shulchan Aruch 11:7, Beer Moshe 6:6, Chovat Hadar (11:15:footnote 29), Kuntres Hamezuzah 289:7, Avnei Yashfei 1:207:3-4, Rivevos Ephraim 2:28:5. Orchos Rabbeinu (v. 3, p. 178 #38) however, disagrees. </ref> | ||
#If one took down one's [[Mezuzot]] in order to have them checked by the sofer and they were found to be kosher, according to Ashkenazim one should put them back up without a Bracha of Lekvoh Mezuzah.<ref>Kitzur Shulchan Aruch 11:7 writes that there's a doubt if one should make a bracha if a mezuzah was taken down to check it.</ref> According to Sephardim, one should make a bracha upon putting them back up after being checked by the sofer.<ref>Yalkut Yosef YD 285:93 writes that one should recite a bracha if they were taken down to be checked by a sofer.</ref> If one checks the mezuzah by himself, he need not say a new beracha. <ref>Ben Ish Chai Parashat Ki Tavo Year 2 Halacha 8, Pitchei Teshuva 289:1, Aruch Hashulchan 289:4, Chovat Hadar 11:14 </ref> If a mezuzah was found to be not kosher, then a beracha is recited when it is replaced with a kosher one. <ref>Kitzur Shulchan Aruch 11:3,5, Rivevot Ephraim 1:19, Beer Moshe 2:92:13, Kuntres Hamezuzah 289:6, Chovat Hador 11:11:footnote 20, Yabia Omer YD 3:17 </ref> Please note that a bracha is only said when replacing the mezuzah if the doorway has a door and the room is at least 4 by 4 [[amot]] in size. (See above [[#The Bracha on putting up a Mezuzah]]). | #If one took down one's [[Mezuzot]] in order to have them checked by the sofer and they were found to be kosher, according to Ashkenazim one should put them back up without a Bracha of Lekvoh Mezuzah.<ref>Kitzur Shulchan Aruch 11:7 writes that there's a doubt if one should make a bracha if a mezuzah was taken down to check it.</ref> According to Sephardim, one should make a bracha upon putting them back up after being checked by the sofer.<ref>Yalkut Yosef YD 285:93 writes that one should recite a bracha if they were taken down to be checked by a sofer.</ref> If one checks the mezuzah by himself, he need not say a new beracha. <ref>Ben Ish Chai Parashat Ki Tavo Year 2 Halacha 8, Pitchei Teshuva 289:1, Aruch Hashulchan 289:4, Chovat Hadar 11:14 </ref> If a mezuzah was found to be not kosher, then a beracha is recited when it is replaced with a kosher one. <ref>Kitzur Shulchan Aruch 11:3,5, Rivevot Ephraim 1:19, Beer Moshe 2:92:13, Kuntres Hamezuzah 289:6, Chovat Hador 11:11:footnote 20, Yabia Omer YD 3:17 </ref> Please note that a bracha is only said when replacing the mezuzah if the doorway has a door and the room is at least 4 by 4 [[amot]] in size. (See above [[#The Bracha on putting up a Mezuzah]]). | ||
#However, if one took down one's Mezuzah just to put it in a nicer case, one doesn't need to make a new Bracha when putting it up unless it was taken down for several hours so that one stopped thinking about the Mezuzah.<ref>Yalkut Yosef YD 285:94 </ref> | #However, if one took down one's Mezuzah just to put it in a nicer case, one doesn't need to make a new Bracha when putting it up unless it was taken down for several hours so that one stopped thinking about the Mezuzah.<ref>Yalkut Yosef YD 285:94, Mezuzah Vhilchoteha p. 109 citing Ben Ish Chai Ki Tavo 8, Halichot Olam p. 261 </ref> | ||
#When replacing the [[mezuzot]], a new beracha is recited. <ref>Maharam Shik YD 285, Rivevot Ephraim 7:239, Beer Moshe 2:92, Avnei | #When replacing the [[mezuzot]], a new beracha is recited. <ref>Maharam Shik YD 285, Rivevot Ephraim 7:239, Beer Moshe 2:92, Avnei | ||
Yashfei 1:207:1, Doleh Umashke (p. 275, footnote 69) quoting Rav Elyashiv and Rav Nissim Karelitz. </ref> | Yashfei 1:207:1, Doleh Umashke (p. 275, footnote 69) quoting Rav Elyashiv and Rav Nissim Karelitz. </ref> | ||
# If a mezuzah was taken down for plastering or repainting the door for a few days it should be put up again with a bracha.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14709&pgnum=422 Beer Moshe 2:92] writes that it is obvious that when putting up a mezuzah after it was taken down for two or three days that a new bracha is necessary. He says that it is obvious that a person had a hesech hadaat. He compares it to Shulchan Aruch 8:14 by tzitzit that was removed and put back on. Mezuzah Vehilchoteha p. 110 concludes like the Divrei Shalom 4:167 that one can recite a bracha when putting it back up but it is better to have them checked and make a bracha when putting them up.</ref> | |||
==Rentals== | ==Rentals== | ||
