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Mezuzah: Difference between revisions
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#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> | #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> | ||
#A doorway is only obligated in a mezuzah if the room has 4 by 4 [[amot]] of space. If there's not 4 by 4 square [[amot]] but there is the same amount of area, such as 2 by 8 [[amot]], there is a dispute whether the doorway is obligated in a mezuzah. In such a case one should put up a mezuzah without a bracha, or recite a bracha when putting up a mezuzah in a doorway that is obligated and then put up this mezuzah. <ref>Kitzur Shulchan Aruch 11:10 records a dispute between the Rambam and Rosh on this matter. Shulchan Aruch YD 296:13 writes the opinion of the Rambam that if the room has an area of 4 by 4 [[amot]] even if it isn't a square it is obligated in a mezuzah. The Shach 296:23 notes that the opinion of the Rosh is that the doorway isn't obligated unless there is a 4 by 4 [[amot]] square area. Due to this dispute, the Shach concludes that one should put up the mezuzah without a bracha or recite a bracha when putting up a mezuzah in a doorway that is obligated and then put up this mezuzah.</ref> | #A doorway is only obligated in a mezuzah if the room has 4 by 4 [[amot]] of space. If there's not 4 by 4 square [[amot]] but there is the same amount of area, such as 2 by 8 [[amot]], there is a dispute whether the doorway is obligated in a mezuzah. In such a case one should put up a mezuzah without a bracha, or recite a bracha when putting up a mezuzah in a doorway that is obligated and then put up this mezuzah. <ref>Kitzur Shulchan Aruch 11:10 records a dispute between the Rambam and Rosh on this matter. Shulchan Aruch YD 296:13 writes the opinion of the Rambam that if the room has an area of 4 by 4 [[amot]] even if it isn't a square it is obligated in a mezuzah. The Shach 296:23 notes that the opinion of the Rosh is that the doorway isn't obligated unless there is a 4 by 4 [[amot]] square area. Due to this dispute, the Shach concludes that one should put up the mezuzah without a bracha or recite a bracha when putting up a mezuzah in a doorway that is obligated and then put up this 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> | |||
===Only One Doorpost=== | ===Only One Doorpost=== | ||
[[Image:one-doorpost.png|200px|right]] | [[Image:one-doorpost.png|200px|right]] | ||
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#A small closet, such as a linen closet or electricity closet, that a person doesn't enter and only uses by takes things out of it isn't obligated in a mezuzah. However, if it is a large closet that is 4 by 4 [[amot]] and a person enters is obligated in a mezuzah without a bracha.<ref>Pitchei [[Mezuzot]] 19:10-1 (p. 257), Minchat Yitzchak 3:103, 4:92:3 </ref> | #A small closet, such as a linen closet or electricity closet, that a person doesn't enter and only uses by takes things out of it isn't obligated in a mezuzah. However, if it is a large closet that is 4 by 4 [[amot]] and a person enters is obligated in a mezuzah without a bracha.<ref>Pitchei [[Mezuzot]] 19:10-1 (p. 257), Minchat Yitzchak 3:103, 4:92:3 </ref> | ||
#A storage room requires a mezuzah.<ref>The Gemara Yoma 11a cites a dispute between Rav Kahana and Rav Yehuda if a storage room needs a mezuzah if it isn't used for anything else. Rav Kahana held that this was a dispute in the tenayim. The Rif (Mezuzah 6b) and Rosh (Mezuzah no. 15) hold that it is obligated, while the Rambam Mezuzah 6:7 holds it is not. Shulchan Aruch YD 286:2 accepts the opinion of the Rif. Yalkut Yosef YD 285:30 writes that one should put up a mezuzah without a bracha.</ref> | #A storage room requires a mezuzah.<ref>The Gemara Yoma 11a cites a dispute between Rav Kahana and Rav Yehuda if a storage room needs a mezuzah if it isn't used for anything else. Rav Kahana held that this was a dispute in the tenayim. The Rif (Mezuzah 6b) and Rosh (Mezuzah no. 15) hold that it is obligated, while the Rambam Mezuzah 6:7 holds it is not. Shulchan Aruch YD 286:2 accepts the opinion of the Rif. Yalkut Yosef YD 285:30 writes that one should put up a mezuzah without a bracha.</ref> | ||
#If there's a storage room such as an attic that you only use twice a year it is considered as though he doesn't use it at all and it doesn't require a mezuzah. However, if it is used more frequently such as once a month then it is obligated.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter in “The Laws of Mezuzah” (min 0-2)]</ref> | #If there's a storage room such as an attic that you only use twice a year it is considered as though he doesn't use it at all and it doesn't require a mezuzah. However, if it is used more frequently such as once a month then it is obligated.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter in “The Laws of Mezuzah” (min 0-2)]. Chovat Hadar ch. 2 fnt. 12 writes that it seems from the poskim that a storage room is only obligated because frequently a person goes in an out but if a person doesn't use it regularly he shouldn't be obligated. However, he admits that he didn't find the poskim who said this and instead it seems that they obligate a storage room in all cases. Igrot Moshe YD 2:141 holds that a stroage room is obligated in a mezuzah even if it isn't used frequently even if it is only used once every few years. Orchot Rabbenu v. 3 p. 165 quoting Rav Shlomo Zalman said that the minhag of Yerushalayim is to put up a mezuzah for a storage room even if it is only used twice a year (as explained by Arugot Bosem Menachot p. 334). Rav Elyashiv in Kovetz Teshuvot 1:117 implies that a storage room is always obligated as long as you have access to enter.</ref> | ||
#A garage is obligated in a mezuzah without a bracha since it is used for storage.<ref>Teshuvot Vehanhagot 1:647, Mezuzah Vehilchoteha 4:7 citing Az Nidbaru 3:58 and Minchat Yitzchak 10:97</ref> | #A garage is obligated in a mezuzah without a bracha since it is used for storage.<ref>Teshuvot Vehanhagot 1:647, Mezuzah Vehilchoteha 4:7 citing Az Nidbaru 3:58 and Minchat Yitzchak 10:97</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)], Binyan Tzion 99, and Rav Heinemann (Star-K Kashrut Kurrents Winter 5779 p. 2) agree. | ##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) 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> | ||
#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> | #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> | ||
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===Height=== | ===Height=== | ||
#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 it isn't a tefach from the top of the door it should be fixed.<ref>Mezuzah Vehilchoteha 11:8 quotes Halichot Olam v. 8 p. 251 who writes that according to Shulchan Aruch if the mezuzah is within a tefach of the ceiling it needs to be fixed. He says that it is in disagreement with the Ben Ish Chai Ki Tavo n. 7 who writes that after the fact it is kosher.</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>) | |||
===Arched Doorway=== | |||
#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> | |||
===Posts that Don't Reach the Ceiling=== | |||
[[Image:Short Doorposts.png|right|200px]] | |||
# If there are doorposts which are ten tefachim but they don't reach the ceiling and there is a wall which reaches the ceiling the mezuzah should be placed on the doorposts and not the wall (spot ב in the picture).<ref>Derech Hachaim 240:8, Pitchei Teshuva 286:10, Kitzur Shulchan Aruch 11:12, Chovat Hadar 8:2:2. | |||
*Derech Hachayim 240:8 writes that if a doorpost doesn't reach the ceiling the mezuzah should be placed on that doorpost as long as it is ten tefachim tall. The Mikdash Me'at 286:36 establishes the case of the Derech Hachaim to only when the door reaches within a third of the entire doorway. However, the Keviyut Mezuzah Khilchata p. 389 points out that this Mikdash Me'at is a very difficult explanation of the Derech Hachaim. He agrees with the Derech Hachaim. Also, Chovat Hadar 8:2:2 p. 73 writes that if there are doorposts which are ten tefachim they are considered the right place for the mezuzah even if there is a wall which does reach the ceiling. Sechel Tov 289:73 quotes others who agree with the Chovat Hadar. However, [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/] discusses this case at length and comes to the conclusion that it should be placed on the wall if the doorposts aren't shoulder height (spot א in the picture). | |||
* In theory, Keviyut Mezuzah Khilchata 9:4 writes that there's two reasons why such a doorway would require a mezuzah. 1) The ten tefach posts are viewed as though they are extended up to the ceiling based on '''gud asik''' (Meiri Eruvin 11b, Sh"t Rav Eliyahu Mizrachi 2:26). 2) The posts don't need to touch the roof (Chesed Lavraham 16, Chazon Ish 170:3). Seemingly according to the first approach the mezuzah would be placed a third of the way to the ceiling, whereas the second approach would say to put it a third of the way up the post itself. He points out that another factor to consider is whether the mezuzah needs to be within a third of the height of the post or the doorway.</ref> | |||
==Having one's Mezuzot checked== | ==Having one's Mezuzot checked== | ||
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==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Ritual Practices]] | |||
