Mezuzah: Difference between revisions

#The doorpost of a cellar that is [[lying]] flat on the ground is not obligated in having a mezuzah. <ref>Chaye Adam 15:15 writes that a cellar door on the floor is exempt from mezuzah based on Kiddushin 22b that states that a doorpost lying on the ground isn't considered a doorpost. Kitzur Shulchan Aruch 11:20 and Aruch Hashulchan YD 286:41 concur.</ref>

#It is a dispute whether or not the doorway leading into an elevator requires a mezuzah. <ref>Rav Zilberstein (Tuvcha Yabiu - Hilchot Shecheinim 34) says that even if the elevator itself is not 4 by 4 amos- the doorpost from the hallway that leads into the elevator requires a mezuzah. However, Rav Moshe Stern (Be'er Moshe 2:88) says that no matter what an elevator will never require a mezuzah.</ref>

#If a room is four by four amot even if there large items such as a refrigerator or oven in that room and it is normally there and enables the room to be used normally it is obligated in a mezuzah.<ref>Mezuzah Vehilchoteha 9:3 writes that if there are large items in a room such as a refrigerator or oven they don't minimize the space of the room and count towards the four by four amot since they are normally there and enhance the use of the room. His sources include: Halichot Olam v. 8 p. 285, Maharsham 3:263, Shevet Halevi 2:187, and Chovat Hadar 4 fnt. 22.</ref>

Right corner left end of wall.png|Picture #4: Room with left doorpost as end of wall

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#If the left doorpost is the end of a wall that extends to the left and the right doorpost is the end of a wall (picture #3) that is considered as though there is a right doorpost without a left one and one should put up a mezuzah without a bracha.<ref>Chovat Hadar 7:7 in fnt.</ref> Others hold that this case is exempt altogether.<ref>Avnei Yishpa 3:95:1 based on Mikdash Me'at 287:3-4</ref>

#If the right doorpost is the end of a wall that extends to the right and the left doorpost is the end of a wall (picture #4) that is considered as though there is a left doorpost without a right one and the entrance is completely exempt from a mezuzah.<ref>Chovat Hadar 7:7 in fnt.</ref>

#A regular doorway has two doorposts and a lintel (picture #1). If the doorway has two doorposts and there is no lintel but the area has a roof (picture #2), if the roof comes to an edge at the point of the door some say that one should put up a mezuzah, while others hold that doesn't require a mezuzah. Therefore, a mezuzah should be put up without a bracha.<ref>Shulchan Aruch Y.D. 287:1 writes that a door isn't obligated in a mezuzah unless the doorway has a lintel. Shulchan Aruch implies that a roof isn't a lintel. Accordingly, the Chazon Ish YD 172:3 s.v. mah writes that if the lintel doesn't extend downward to block part of the opening it isn't considered a lintel but just part of the roof. Shevet Halevi 2:150 agrees and proves this from Rashi Menachot 33b s.v. achsadra. This is also the ruling of Rav Moshe Heinemann (Guide to Halachos v. 1 p. 100).

*However, the [http://www.hebrewbooks.org/pdfpager.aspx?req=37191&pgnum=18 Mikdash Me'at 287:1:5] suggests that perhaps a roof can function as a lintel. Also, the Chovat Hadar 7:5 fnt. 8 equates the issue with that of having the edge of a roof function as a lintel to the opinion of the Rosh who holds that the edge of a wall can function as a doorpost. The Netivot in [http://www.hebrewbooks.org/pdfpager.aspx?req=31812&st=&pgnum=49 Derech Hachaim Siddur 239:1] also holds that a roof can serve as a lintel. Minchat Yitzchak 10:91 explains that a roof doesn't function as a lintel but if the roof has an edge where the door is, according to some opinions, it functions as a lintel. Yet, if the roof extends beyond the door in both directions it doesn't function as a lintel. He compares it to the dispute between the Rama 630:2 and Magen Avraham 630:2 if there's doorposts and no lintel if that can serve as a tzurat hapetach. He admits that it seems not to be a proof though from further analysis.

*Adoney Paz 2:121:1 sides with the Chazon Ish though he recommends being strict for all opinions to put up a mezuzah without a bracha. Mezuzah Vehilchoteha 10:3 concurs.</ref>

Small into big.png|Picture #2: Normal way to walk is from the small room into the big room

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#If the big room is an entrance into the small room (picture #1), if that entrance is created by the ends of walls and not doorposts, some poskim hold that the entrance is exempt from mezuzah.<ref>Chovat Hadar 7:7. Avnei Yishpa 3:95:1 quotes Rav Elyashiv as holding that it is exempt from a mezuzah. His reasoning is that the ends of the walls of the big room aren't doorposts for the small room since they are really one wall with a break. The end of a wall serving as a doorpost is only if there's no continuation of that wall on the opposite side continuing the wall.</ref> Some disagree.<ref>Chut Shani (Mezuzah p. 107) holds that it is obligated to put up a mezuzah with a bracha since from the inside of the big room it is recognizable as a doorway. Pitchei Mezuzot p. 154-5 holds that it requires a mezuzah according to the Rosh since it is the end of a wall and can be seen as a doorpost. According to him, it doesn't matter if it is from the small room to the big room or otherwise. Pitchei Shaarim 287:1:12 p. 215 agrees.</ref> To avoid the dispute one should put up a mezuzah without a bracha.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=49139&pgnum=122 Keviyut Mezuzah Khilchata 9:11] writes that this case of a big room into a small room is a big dispute and unresolved one should put up a mezuzah there without a bracha. Madanei Asher (Mezuzah 30:3 p. 88) agrees.</ref>

#If the small room is an entrance into the big room (picture #2)<ref>Another picture of this case can be found [https://www.hebrewbooks.org/pdfpager.aspx?req=49139&pgnum=430 in Keviyut Mezuzah Khilchata p. 430].</ref> that entrance is obligated even if the doorpost is created by the ends of the walls.<ref>Chovat Hadar 7:7 writes that if there's a small room which opens into a big room if the big room is an entrance to the small room it is considered exempt. If the small room is an entrance to the big room it is obligated since the walls of the big room serve as the mezuzot for the entrance going into the big room. Chut Shani (Mezuzah p. 107) agrees that it is obligated to put up a mezuzah according to the Rosh that ends of walls count as doorposts. Pitchei Shaarim 287:1:12 p. 215 agrees.</ref> Other argue that it is exempt from having a mezuzah.<ref>Avnei Yishpa 3:95:1 says that it is clearly exempt since there are no noticeable doorposts from inside the small room. [https://www.hebrewbooks.org/pdfpager.aspx?req=49139&pgnum=122 Keviyut Mezuzah Khilchata 9:11] writes that this case of a small room into a big room is an unresolved question and should have a mezuzah without a bracha. Madanei Asher (Mezuzah 30:3 p. 88) agrees. Madenei Asher cites Maaseh Nissim ch. 24 who says that in the Ben Ish Chai's house he didn't have a mezuzah on a room that was just three walls and the fourth was completely open  (e.g. [https://he.wikipedia.org/wiki/%D7%9C%D7%99%D7%95%D7%95%D7%90%D7%9F#/media/%D7%A7%D7%95%D7%91%D7%A5:Liwan-He.png]), though he is puzzled about why he didn't put up a mezuzah in light of Ben Ish Chai (Ki Tavo n. 13).</ref>

#A bedroom should have a mezuzah.<ref>Shulchan Aruch Y.D. 285:5, Aruch Hashulchan 286:13</ref>

#When a couple is together if the mezuzah is on the inside of the door it should be covered with a single covering. If the mezuzah scroll is already covered with a single non-clear cover such as metal or non-clear plastic that is sufficient. However, if the scroll is in clear plastic and the case is clear it should be covered with something non-clear.<ref>Aruch Hashulchan 286:12-15 proves that the Bet Yosef's opinion that the bedroom needs a mezuzah and it is sufficient to have it covered with one covering. Yalkut Yosef YD 285:41 and Halichot Olam v. 8 p. 302 agree for additional reasons such as the Smag who holds that if the mezuzah is ten tefachim from the ground it is considered in another domain. Zivchei Tzedek OC 38 and Ben Ish Chai (Shana Sheniya, Ki Tavo, no. 16) are lenient and write that such is the minhag. Kaf Hachayim on Shulchan Arukh Orach Chayim 40:13 agrees but adds that initially one should be strict for the Magen Avraham.</ref> Some poskim hold that the mezuzah should be covered with a double covering and so even if the case isn't clear the mezuzah needs another cover.<ref>Magen Avraham 40:2 holds that a mezuzah that is facing the inside of the room needs to be covered with a double covering to permit having tashmish in the room. Divrei Chamudot (Mezuzah no. 46), Eliya Rabba 40:2, Mishna Brurah 40:7, Ginzei Hakodesh 4:14, and Ben Ish Chai (Shana Sheniya, Ki Tavo, no. 16) citing the Yad Ketana 13 agree.</ref>

#Accordingly, if the mezuzah wasn't wrapped before it was put in the case or if you follow the stringent opinions above, before the couple is together the mezuzah should be covered with an external covering such as a piece of clothing. Even if the case is clear it counts as a single cover.<ref>See above notes. [https://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Schachter (Laws of Mezuzah min 55-6)] cites both opinions but seems to be strict to cover the mezuzah with a cloth if it is on the inside and the couple is going to be together. Mishna Brurah 40:7 clarifies that it is sufficient if one of the covers is not designated for the mezuzah. (Avnei Nezer YD 383:1 explains that something inside a double covering is like it isn't in the house at all.)</ref>

#A factory is the same as a store for the purposes of mezuzah.<ref>Yalkut Yosef YD 285:37</ref>

#Some say that a school requires a mezuzah just as a store does.<ref>Yalkut Yosef YD 285:38</ref>

===Elevator===

#The mezuzah should be placed on the outer [[tefach]] of the doorpost. <ref>Gemara Menachot 32b, Tur 289, Shulchan Aruch 289:2, Levush 289:2, Chayei Adam 15:17, Aruch Hashulchan 289:9. Taz 289:3 writes that the mezuzah is still kosher if the mezuzah isn't on the outer [[tefach]]. </ref>

===When It Is Put Up===

*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. Rav Heinemann in Guide to Halachos p. 105 writes that a walk-in closet that has 50ft sq area should have a mezuzah on the right post going in.</ref>

##There is a dispute if a closet less than than 16 square amot is obligated in a mezuzah since it is useful in its current form. The minhag is to put up a mezuzah.<ref>Chamudei Doniel (Pitchei Teshuva 286:11) writes that an area that is meant to be used the way it is even if it is less than 4x4 amot is obligated in a mezuzah. Rashash Sukkah 3b s.v. may agrees. Or Letzion 1:14 assumes like the Chamudei Doniel.

*Mikdash Me’at 286:39 strongly disagrees with the Chamudei Doniel. Orchot Rabbenu v. 3 p. 165 quotes the Chazon Ish as holding that we do not hold like the Chamudei Doniel. [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Simon in an article on mezuzot] agrees.</ref>

##Most poskim hold that an area 2x8 amot is obligated in a mezuzah.<ref>The Rambam (Mezuzah 6:2) holds that an area that is 2x8 amot is obligated in a mezuzah as would any area that is larger than 16 square amot. The Rosh (Mezuzah no. 16) disagrees and holds that unless it is 4x4 amot square it isn’t obligated. Shulchan Aruch YD 286:13 holds like the Rambam. Levush 286:13 agrees. The Shach 286:23 holds that it is obligated but the mezuzah should be put up without a bracha. Chayei Adam 15:6, Aruch Hashulchan YD 286:21, and Yalkut Yosef 285:24 agree.

*However, the Taz OC 634:1 argues that everyone holds it is exempt. Chazon Ish YD 169:4, Or Yitzchak 2:52, and [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Simon in an article on mezuzot] accept the Taz. Additionally, according to the Chamudei Doniel obviously an area that is 2x4 is obligated.</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)], Rav Aharon Lichtenstein (cited by [https://www.koltorah.org/halachah/do-walk-in-closets-and-porches-require-a-mezuzah-by-rabbi-chaim-jachter Rabbi Jachter]), Binyan Tzion 99, and Rav Heinemann (Star-K Kashrut Kurrents Winter 5779 p. 2; Guide to Halachos p. 101) 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>

#Therefore, a closet that is 4x4 amot or larger clearly needs a mezuzah and the mezuzah is placed on the right side going into the closet.<ref>Shulchan Aruch YD 286:2</ref>

#If a person is moving and another Jew is moving in one must leave them your mezuzot.<ref>Bava Metsia 101b-102a, Rambam Tefillin 5:11, Shulchan Aruch YD 291:2.</ref> The reasoning is that you shouldn't remove mezuzot is because they are used to serve to protect the house from harm and taking them indicates that you don't care about those moving in<ref>Tosfot Shabbat 22a s.v. rav</ref> or that mezuzot represent that the divine presence resides in the home and that isn't something one should remove.<ref>Ritva Bava Metsia 102a s.v. lo</ref>

#It is permitted to take down the old mezuzah, have them checked, and then put up just kosher ones, and take the old ones with you.<ref>Rav Ovadia (Yabia Omer YD 3:18, quoted by Hamezuzah VeHilchata p. 127) says that you could replace them with simple ones which are just kosher but it's better to do this as follows: take down the old mezuzot to get them checked, then put up the just kosher ones (make a bracha when putting those up), and then use the old mezuzot for where you are going.</ref>

#There is an opinion that you may take down the mezuzot in you're going to put them up in another house, however, that opinion isn't accepted as the halacha.<ref>Chida in Birkei Yosef YD 291:2 writes that according to one answer of Tosfot one can take the mezuzot with you if you'll put it up right away, but according to the Ritva you can't. He says that we hold that one shouldn't take them down even if you'll put them up in another house right away, yet in an extenuating circumstance where you can't find mezuzot to buy for the new house you can take down the mezuzot. Aruch Hashulchan 291:3 cites this but is hesitant about it.</ref>