16,374
edits
Mezuzah: Difference between revisions
From Halachipedia
→Walk-in Closet
| (3 intermediate revisions by the same user not shown) | |||
| Line 28: | Line 28: | ||
#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> | ||
| Line 124: | Line 124: | ||
*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> | ||
| Line 145: | Line 144: | ||
===Posts that Don't Reach the Ceiling=== | ===Posts that Don't Reach the Ceiling=== | ||
[[Image:Short Doorposts.png|right|200px]] | [[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 | # 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 | *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> | * 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> | ||
| Line 211: | Line 210: | ||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Ritual Practices]] | |||
