Mezuzah: Difference between revisions
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* However, Mikdash Me’at 286:39 strongly disagrees with the Chamudei Doniel. Yabia Omer 4:23:4-5 quotes Rav Shlomo Kluger (Kinat Sofrim 118), Teshuvot Lshoel 16, and Rav Chaim Zonenfeld in Salmat Chaim YD 105 disagreed with the Chamudei Doniel, while the Maharsham 3:154 agreed with the Chamudei Doniel. He concludes that the primary halacha is that the room is exempt. Shevet Halevi 2:152 and Agur Bohalecha 18:28 rule against the Chamudei Doniel. | * However, Mikdash Me’at 286:39 strongly disagrees with the Chamudei Doniel. Yabia Omer 4:23:4-5 quotes Rav Shlomo Kluger (Kinat Sofrim 118), Teshuvot Lshoel 16, and Rav Chaim Zonenfeld in Salmat Chaim YD 105 disagreed with the Chamudei Doniel, while the Maharsham 3:154 agreed with the Chamudei Doniel. He concludes that the primary halacha is that the room is exempt. Shevet Halevi 2:152 and Agur Bohalecha 18:28 rule against the Chamudei Doniel. | ||
* Orchot Rabbenu v. 3 p. 165 quotes the Chazon Ish as holding that we do not hold like the Chamudei Doniel. See Agur Bohalecha who discusses this further but generally agrees that the Chazon Ish disregarded 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> | * Orchot Rabbenu v. 3 p. 165 quotes the Chazon Ish as holding that we do not hold like the Chamudei Doniel. See Agur Bohalecha who discusses this further but generally agrees that the Chazon Ish disregarded 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 that has 16 square amot, even if it doesn't have 4x4 amot in any one place, is obligated in a mezuzah without a bracha.<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. Rashba (responsa 5:110) agrees. Shulchan Aruch Y.D. 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. Rav Wosner (Kovetz Mbet Levi p. 129) agrees. Eliya Rabba 366:5 also seems to agree with the Shach. | ##Most poskim hold that an area that has 16 square amot, even if it doesn't have 4x4 amot in any one place, is obligated in a mezuzah going into the closet without a bracha.<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. Rashba (responsa 5:110) agrees. Shulchan Aruch Y.D. 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. Rav Wosner (Kovetz Mbet Levi p. 129) agrees. Eliya Rabba 366:5 also seems to agree with the Shach. | ||
*However, the Taz OC 634:1 argues that everyone holds it is exempt. Shulchan Aruch Harav OC 366:5, Chazon Ish OC 110:28, YD 169:5, Rav Nissim Karelitz in Chut Shani (Mezuzah p. 82), Steipler (Orchot Rabbenu v. 4 p. 239), Rav Yitzchak Abadi in 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 Baruch Simon] accept the Taz. Mishna Brurah 366:22 cites the dispute and in Shaar Hatziyun 366:13 he favors the opinion of the Taz. | *However, the Taz OC 634:1 argues that everyone holds it is exempt. Shulchan Aruch Harav OC 366:5, Chazon Ish OC 110:28, YD 169:5, Rav Nissim Karelitz in Chut Shani (Mezuzah p. 82), Steipler (Orchot Rabbenu v. 4 p. 239), Rav Yitzchak Abadi in 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 Baruch Simon] accept the Taz. Mishna Brurah 366:22 cites the dispute and in Shaar Hatziyun 366:13 he favors the opinion of the Taz. | ||
* Chatom Sofer YD 280 and Maamar Mordechai 634:2 defend the Shulchan Aruch against the Taz. Gra 286:13 understands the Rambam like the Rosh but holds like the Rosh. Maharalbach 110 rules like the Rambam. Magen Avraham 366:6 assumes like the Shulchan Aruch, while Magen Avraham 398:6 assumes like the Taz. Additionally, according to the Chamudei Doniel obviously an area that is 2x8 is obligated if it is usable since according to his opinion if it is usable it is obligated even if it is less than 4x4.</ref> It doesn't matter what shape it is in as long as it is usable.<ref>Rishon Letzion Sukkah 3a and 8a writes that obviously even for the Rambam it has to be usable. Therefore, a 1x16 amot house isn't obligated in a mezuzah since it is unusable, however, a 2x8 house is obligated. He also has a nuance that for a rectangle we calculate total area, but for a circle or other shapes we have to inscribe a rectangle inside that shape and use the area of that rectangle. However, the other poskim quoted in the previous footnote in understanding the Rambam did not make such a distinction.</ref> | * Chatom Sofer YD 280 and Maamar Mordechai 634:2 defend the Shulchan Aruch against the Taz. Gra 286:13 understands the Rambam like the Rosh but holds like the Rosh. Maharalbach 110 rules like the Rambam. Magen Avraham 366:6 assumes like the Shulchan Aruch, while Magen Avraham 398:6 assumes like the Taz. Additionally, according to the Chamudei Doniel obviously an area that is 2x8 is obligated if it is usable since according to his opinion if it is usable it is obligated even if it is less than 4x4. | ||
##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. Shiltei Giborim (Hilchot Mezuzah 6b) cites the Riaz who holds of the same concept. 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), Rav Wosner (Shevet Halevi 2:152, 2:156:286:13), [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. | * * In light of the Rabbi Akiva Eiger the closet should have a mezuzah on the right going out of the closet, but since according to the Rambam this closet needs a mezuzah going into the closet and the Chamudei Doniel would also have the mezuzah placed going in, many poskim hold that the mezuzah is placed going into the closet. This is the opinion of the Teshuvot Vehanhagot 1:653 and Agur Bohalecha 19:7.</ref> It doesn't matter what shape it is in as long as it is usable.<ref>Rishon Letzion Sukkah 3a and 8a writes that obviously even for the Rambam it has to be usable. Therefore, a 1x16 amot house isn't obligated in a mezuzah since it is unusable, however, a 2x8 house is obligated. He also has a nuance that for a rectangle we calculate total area, but for a circle or other shapes we have to inscribe a rectangle inside that shape and use the area of that rectangle. However, the other poskim quoted in the previous footnote in understanding the Rambam did not make such a distinction.</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 | ##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. Shiltei Giborim (Hilchot Mezuzah 6b) cites the Riaz who holds of the same concept. The Chazon Ish YD 168:5 and 169:2 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 Auerbach (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19), Rav Wosner (Shevet Halevi 2:152, 2:156:286:13), Rav Elyashiv (Kovetz Teshuvot 2:6:3), Rav Shternbuch (Teshuvot Vehanhagot 1:653), [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. | ||
* Orchot Rabbenu v. 3 p. 165 quotes the Steipler ruled like the Rabbi Akiva Eiger. Shevet Halevi 2:152 understands Bet Meir 289 agrees with Rabbi Akiva Eiger. | *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 19:6, [https://www.hebrewbooks.org/pdfpager.aspx?req=123&st=&pgnum=235 Chesed Lavraham YD 91], and R’ Simon all agree with Chikrei Lev and reject Rabbi Akiva Eiger. | ||
* There is a possibility that the mezuzah should be placed from the big room into the small room. That is an idea Sfat Emet YD 289 suggested and Agur Bohalecha 19:6 in fact posits is the opinion of Rabbi Akiva Eiger. In practice, he agrees with the Chazon Ish to put the mezuzah going into the big room.</ref> | * Orchot Rabbenu v. 3 p. 165 quotes the Steipler ruled like the Rabbi Akiva Eiger. Shevet Halevi 2:152 understands that the Bet Meir 289 agrees with Rabbi Akiva Eiger. | ||
* There is a possibility that the mezuzah should be placed from the big room into the small room. That is an idea Sfat Emet YD 289 suggested and Agur Bohalecha 19:6 in fact posits is the opinion of Rabbi Akiva Eiger. In practice, he agrees with the Chazon Ish to put the mezuzah going into the big room.</ref> Either way, the mezuzah is put up without a bracha.<ref>Agur Bohalecha 19:6 and Teshuvot Vehanahgot 1:653 unlike Shevet Halevi 2:152 who writes that one can recite a bracha following 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> | ||
#A closet that is 2x8 amot or any shape that encloses 16 square amot but doesn’t enclose 4x4 amot is obligated in a mezuzah according to most poskim and as such the mezuzah should be placed on the right side going into the closet according to most poskim.<ref>Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19)</ref> | #A closet that is 2x8 amot or any shape that encloses 16 square amot but doesn’t enclose 4x4 amot is obligated in a mezuzah according to most poskim and as such the mezuzah should be placed on the right side going into the closet according to most poskim.<ref>Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19)</ref> | ||
