16,374
edits
Mezuzah: Difference between revisions
From Halachipedia
→No Lintel
| (2 intermediate revisions by the same user not shown) | |||
| Line 19: | Line 19: | ||
* 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 Machloket 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. | * 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 Machloket 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> | * 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 Room Opening into Big Room=== | |||
#A small room which opens into a big room if the big room is an entrance into the small room, if that entrance is created by the ends of walls and not doorposts it is exempt. If the small room is an entrance into the big room that entrance is obligated even it 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.</ref> | |||
===Porch=== | ===Porch=== | ||
| Line 124: | Line 126: | ||
*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 146: | Line 147: | ||
[[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 240:8, Pitchei Teshuva 286:10, Kitzur Shulchan Aruch 11:12, Chovat Hadar 8:2:2. | # 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 | *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 though they do not reach the ceiling and 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> | ||
