Tuesday, September 4, 2012

Taking down mezuzahs for inspection

Question: I want to take down the mezuzahs to my home to have them checked, should I take them all down even though the home will be without mezuzahs for some period of time? Answer: Although the obligation of mezuzah on doors is a positive mitzvah that is in force every second ספר החינוך ומנחת חינוך מצווה תכג, still if one took them down for the sake of checking them it is impossible to say that they must put up a new one immediately in its place on the spot for the Poskim never mentioned such an idea. The problem of living in a room without a mezuzah is Rabbincal and they (the Rabbis said that we should periodically have our mezuzahs checked, the prohibition cannot apply in this case (Pischei Shearim p. 110). We must say that since one is involved in fixing, checking etc... they are definitely not transgressing on this positive mitzvah. Here is a 3 point summary on how one should act. 1) One should lechatchila (preferably) keep up some mezuzahs constantly during a mezuza checking, one is enough. This means that you can give the mezuzahs to be checked in 2 installments, if possible this is most preferable. 2) If they are all down for checking purposes it is best to have them back as soon as possible, however they may be down for up to a week ( since this is the standard time give or take when it takes a little longer than usual but is still in the norm) for a owned home in Chutz learetz (the Diaspora) and any type of home in Israel. 3) For a rented home in Chutz Learetz (the Diaspora) it is best to follow preferably as stated in 1 and 2, however in a pressing case up to 30 days maximum (Chovas Hadar p. 7). Much thanks to Rav Moshe Weiner for his Halachik guidance in this Teshuva.

Sunday, July 22, 2012

Laundry Room

Does a laundry room need a mezzuzah? If yes, would it require a blessing for posting it? Some poskim wrote that it is exempt since it is a room which is assumed to be a "makom tinuf" (a dirty room which has soiled diapers on a set basis). Today this is simply not the case, since we use disposable diapers etc... Therefore it is necessary to place a mezuza on a laundry room. However According to the Responsa Shavet Halevy (2:152) if a laundry room is under 4 by 4 amos in size it is exempt, this is with the impression that the room is unclean from soiled baby clothes and therefore it is not a respectful place to put a mezuzah (See Yoreh Deah 286:4). Rav Moshe Weiner wrote to me:"I think laundry rooms in today's houses, if they are less than 4x4 you should put up a mezuza without a bracha."

Friday, June 22, 2012

Moving from your home

Question: If one moves from their home do they have to leave their mezuzahs behind? Answer: Yes, all the mezuzahs need to remain up when one moves from their home, the Talmud in Bava Metzia (102,a) tells of a man that took down his mezuzahs when he moved out and unfortunate things happened afterwards. This above stated Halacha applies only to when a Jew moves in. If a non Jew will move in one must take all of their mezuzahs down before they leave (when in doubt if a non Jew will move in Rabbi Moshe Weiner, a world renown posek from Jerusalem told me that one can take down their mezuzahs out of doubt (it is proper to have them checked when one takes down their mezuzahs). If one is renting from a non Jew when leaving they should also take down their mezuzahs (Pischei Teshuva 291:9). If the previous owner wants to take their mezuzahs with them before they move out, they may do so and then place up other simple kosher mezuzah scrolls in their place(Daat Kedoshim 291:1). Since many poskim hold that one may not take down mezuzahs to switch them, therefore the proper advice is to take them down with the intention of having them checked afterwards one may place different mezuzahs in their place. If the owner of the mezuzah wants he may request from the Jew that is moving in to pay for the mezuzah scrolls that are hung up (Rema ibid). If the new tenent took down the old mezuzahs the old tenent may request the mezuzahs back.

Tuesday, May 22, 2012

A mezuzah not rolled up

This mezuzah is not rolled up as required by Jewish law (Shulchan Aruch Yoreh Deah 288:14). Halacha requires that the scroll should be rolled from left to right i.e. the word "Echad" going to "Shema". Although the posture spread out flat does not invalidate it, for it is kosher after the fact, still it must be fixed. I was not surprised
when I opened the mezuzah case to discover that it was printed on paper. Therefore the mezuzah is 100% not kosher. A mezuzah scroll must be written by a certified G-d fearing scribe on special parchment.

Sunday, April 29, 2012

Defining the right entrance when there is no heker tzir

In this picture you can see that two mezuzahs were placed on the right side leading into the more important room. I will now explain why this is so. I will note that this is also the common Chabad practice. In the sefer Nesivim Besadeh Hashlichus (Rabbi Raskin, a Dayan in London) p. 90 writes that when there is no heker tzir (and it is possible to reach to the intended room from 2 different directions) and it is not a front door, we find 3 opinions on how to judge the right side for a mezuzah. 1 the closest entry from the outside public thoroughfare i.e. the chitzon via pnimi logic i.e. the house has two entrances leading into it, we take always from the entrance from the closest to the public domain and do not consider what is important 'chashuv' or not (Siddur Derech Chayim) 2 More common entrance, 'rov tashmisho' (Gidoli Hakosdesh 289:7) 3 Importance, 'chashivus' (Daas kedoshim 289:11) The author writes the common practice (in Chabad) is like the 3rd approach, and he quotes the Kovetz Razash p. 58 (authored by Rav Shimon Zalman Dvorkin, a reputable Rav of Crown Heights, who passed away in the late 80's) . He also writes that to his opinion the kovetz Razash rule of following importance 'chashivos' is referring to when one has two way access from either way, in such a case we do not choose 1 or 2 but davka chashivos. If however the chashuv room leads into a tafel room and there is no other entrance to that room but through the chashuv room similarly if the main entrance is through the chashuv room going into the less chashuv room than we go after chitzon pnimi klal. Although the author did not go into the reason it makes sense. For the following: 1 if one had a short hallway 1.5 meters long, and two door less doors, on one side leading into a kitchen and the other side leading into a dining hall would we say that each mezuza should face opposite directions? no, we take one direction for both of them even though you can say that the kitchen is more chashuv than the hall and the dining room is more chashuv than the other side of the hall. 2 We cannot compare are non compromising svara of heker tzir (besides for main entrances) to chashuv i.e. the rule is not always followed blindly because heker tzir has to do with the baalus of the door while chashuv is an interpretation in 'derech biascha'. Seemingly the shach is also not a proof,as mentioned the makor of chashivos is from the daas kedoshim which was not talking about the situation of heker tzir. In cases when it is not derech biascha for example when there is no other entry except from the chashuv into the less chashuv or the main way is from chashuv into non chashuv we go by the 'derech biascha' bepashtus.

Monday, April 23, 2012

Counter top

The correct location for placing the mezuzah is on the counter top, (indicated by the left red arrow). The reason is as follows, since the counter top is higher than 10 tefachim, it is regarded as if the wall goes to the ceiling as indicated by the green arrows.In Halacha this concept is called 'Gud Asik Mechitzasa' which means 'the wall is considered as if it goes up' (see Rambam Hilchos Sukkah 4:4). See also the Kitzur Shulchan Aruch 11:12.

Friday, April 20, 2012

Tenant being harassed to take down their mezuzah

This is a shocking video of a Jewish tenant being fined $50 a day for having a mezuzah up on their door post, while on the same floor their are crosses and easter bunnies hanging on many doors.
This sounds like other familiar times in our history...
http://www.youtube.com/watch?v=YjCB1tnn53Y&feature=relmfu

Wednesday, April 18, 2012

Mezuzah on incorrect part of the gate



This mezuzah is not in its correct location, it is invalid as is, it needs to be where the red arrow is pointing to which is the actual gate entrance.

Tuesday, March 13, 2012

Walk in refrigerator room


Walk in refrigerator rooms do not need mezuzahs. This is regardless if they are 4 by 4 amos (37 square feet). The reason is since it is not a room fit to dwell in. Some are extra strict to place a mezuzah on these rooms (without a blessing) since if the electricity would turn off one could dwell inside, but vast majority Rabbonim do not accept this claim.

Sunday, March 4, 2012

Metalic Mezuzah cases





The Baal Shem Tov was known for not using a metalic case to hold a Mezuzah. Explaining that metal is intended to shorten the length of man while a Mezuzah scroll is to lengthen the life of man. The Daas Kedoshim writes, that this carefulness did not apply to silver, however the custom was not to use them since they were more likely to being stolen. Apparently the Chabad custom is not to use even silver even if we are not suspecting it would be stolen, for example a silver mezuzah case inside the house.

I asked Rabbi Levi Yitzchak Raskin (Dayan of Lubavitch community in London) that in his book (Nesivim Besadeh Hashlichus) p. 94 he wrote that the chabad custom is not to have silver or other metallic on the mezuzah case would that also apply to a tiny design like in the (right) picture posted?

He answered: "I WOULD NOT OBJECT. IN A 'DVAR CHIDUSH' I TAKE THE APPROACH "אין לך בו יותר מחידושו".

Tuesday, February 28, 2012

Do closets need Mezuzahs?



Do closets need a mezuzah?
The Pischei Teshuva 286:11 writes that a closet smaller than 4 by 4 amos requires a mezuzah. It is proper (as a chumrah *stringency) to place mezuzahs on closets provided one can walk into them. Rabbi Moshe Weiner (a Chabad Posek from Jerusalem) wrote: "Since a closet is actually an "otzar" a room that although not for dwelling, it is a place a person keeps his needs, and we pasken that otzarot are chayov, and any room part of the house should have a mezuza even if the size is less than 4x4 amos. Therefore in any case they should have a mezuza, however, no bracha is recited on rooms less than 4x4 amos".

I asked Rav Weiner if he agrees that that a closet smaller than 4 by 4 is merely a stringency or an actual obligation like other livable rooms of the house? This is his answer:"I would say it is between a chumra (stingency) and din (conventional law), because it involves 2 issues a small room less than 4x4 inside a house, and also
a otzar (storage room) - so it is hallachicaly something like a sfek-sfeka (double doubt). Still one should be careful to put a mezuza there.
Rabbi Levy Yitzchak Raskin(Dayan of Lubavitch community of London)wrote on this issue,"AS (Chabad)CHASSIDIM, WE ARE INCLINED 'LIFNIM MISHURAS HADIN'. AS SUCH, I DO FOLLOW THIS CHUMRA, PROVIDED THAT IT IS A WALK-IN CLOSET.

I will note that many Rabbonim are more lenient with closets and do not instruct the placing of a mezzuzah on a closet if it is less than 4 by 4 amos, however if it does reach that size all opinions require a mezuzah.

Concerning measuring the size (in order to make a bracha if it is at least 4 by 4 amos i.e. 37 square feet), how do we measure the closet space? do we only consider the non taken up closet space as part of the 4 by 4 or even the space which is taken up by shelves?
Rabbi Levy Yitzchak Raskin responded: "REGARDING MEASUREMENTS [FOR SAYING A BROCHO] - IT IS MISTAVER THAT FURNITURE THAT ENABLES THE USE OF THE ROOM SHOULD NOT DETRACT FROM ITS MEASUREMENTS. WOULD ANYONE SUGGEST THAT A BED DIMINISHES THE SIZE OF A SMALL 4X4 BEDROOM?" Later I found from the Shulchan Aruch HaRav 358:? which shows this idea in the same context regarding the measuring of space (for the laws of erecting an eruv).

Thursday, February 23, 2012

A Slideable detachable mezuzah?




I came a across a mezuzah case, where it slides off the rack, this is to allow easy access to have it checked without the pain of having to put new wholes in the wall. It is a special patented invention, sounds cute and smart, however this is not an adequate setting to the doorpost which halacha requires. See Yoreh Deah 189:4- that one should affix a Mezuzah with nails, (as to make it permanent). Note, that the blessing we recite is "Likboah Mezuzah"... to set a Mezuzah (scroll)- showing that it should be made in a permanent way.
It is self understood that one could not make a bracha on seting such a case either.
Now, it has been shown to me that this case was already mentioned in the Sefer Pischei Shearim p. 334 that it is not kosher.

Monday, February 20, 2012

A side room completely open into the bigger room



In this picture you see a side room which is part of a bigger room, there is no door post or frame separating between this inner room. There is no place to be stringent and attach a mezuzah on this inner room since it is considered subordinate to the bigger room. The following is a reponse I recieved from Rav Moshe Weiner (Jerusalem), (I wrote the basic idea in English).

בחובת הדר פרק ז סעיפים ו, ז, מבואר שפתח כזה שאין לו מזוזות מהצדדים, וגם אינו נחשב כלל לשימוש שונה מהחדר המרכזי פטור ממזוזה (ובתמונה נראה ברור שזה המשך מהחדר המרכזי של בית הכנסת], משום שאינו חדר לעצמו אלא כפינה מהחדר הגדול.
ויש להעיר דלפעמים בבית יתכן חדרים מסוג זה שנבדלים בשימושם מהחדר הגדול שאליו נפתחים, אם כן יש מקום להחמיר ולחייבם במזוזה בלי ברכה [לפי סברת הרא"ש וטור סי' רפז בפתחא דאקרנא].
When the little room is designated for a clear separate intention than the bigger room, there is room to be stringent and place a mezuzah scroll on the entrance to the little room. Note, that according to the Rosh hilchos mezuzah siman 14 brought in the Beis Yosef chapter 287 a corner edge can suffice as a door post 'pischa dakarna'.

Wednesday, February 15, 2012

Door less entrance built out of the wall itself


According to a consensus of many poskim an entrance (mezuzah and mashkof) which is from the wall itself should have a mezuzah. No blessing is recited when affixing a mezuzah on such an entrance. See also the sefer Pischei Shearim p. 211-212.

Tuesday, February 14, 2012

Gate that does not need a mezuzah


This gate does not need a mezuzah scroll, since it does not have a mezuzah (door post frame with a lintel). The requirements for what constitutes a door post are found in Yoreh Deah 287. Even in this picture where there is a roof on top, since it is not connected,rather a different entity,therefore no mezuzah scroll is needed. However according to the Rambam Hilchos Sukkah 4:4 where he explains that if the the extended detached roof is within 3 tefachim of the lower wall (which is 10 tefachim) it is kosher. I need to reevaluate this case.

Monday, February 13, 2012

The importance of having your mezuzahs checked



I was checking this mehudar mezuzah, which I found to be very problematic. Through time part of the ink (dio) on the mezuzah had faded and wore away. In this picture the Final mem turned into a samech! My Halacha Posek, ruled that this mezuzah is not allowed to be fixed (since it now is considered a samech and not a final mem),however some poskim are lenient to allow this letter to be fixed (I will not explain here the reason behind the debate), all agree that it is not proper the way it is.
I will note that this mezuzah was on a bedroom of a person who was sick. So regardless of how much money your mezuzah cost you or who wrote it, it is important to have it checked once every 3 and a half years by an expert Magiah (Sofer Sta"m examiner), as prescribed in the Shulchan Aruch (code of Jewish law), (some check every 12 months).
Many check their mezuzahs when one is sick.

Sunday, February 5, 2012

Mezuza covers that are problematic


We all know that a mezuzah scroll needs to be kosher for usage, would anyone ever think that a mezuza cover that are commonly sold also be a problem in kashrus! Concerning mezuzah cases with formed images of people on them (like in this picture) or with a sun or moon on them. What is is the Halacaha of these mezuza cases?

Based on the Shulchan Aruch (Yoreh Deah 141:3) we are not to even own tzuras (formed images)either bolait (protruding) or shakua (indented) images of the sun and moon. Concerning the image of a person even the face alone is a problem (Taz 141:15). See also the Mechaber 141:4 where some have the girsa (wording) "afilu Lenoi" (even for decorative purposes i.e. not for idolatrous purposes G-d forbid, rather just for mere decoration) see also the Shach ibid:21.

I think concerning a child's mezuzahs it is less of a problem even if it has formed images of different icons on them, similar to the status of a toy, so seems to me as a way to defend those that already have such toy like mezuzah cases hanging on their doors, not that it is endorsed nor Torah like, however not necessarily certainly forbidden. However there might even be an issue with decorative images formed on children mezuzah cases, since there is an importance of looking at the mezuza and to touch it as mentioned in the Talmud with Onkelos the ger (Tractate Avoda Zara 11,a) and it not proper to look (see kitzur Shulchan Aruch 169:4) or touch (in a way of cherishing) such things as would apply to all toys (these mezuzas usually also have a Shin printed on them as well, which could be another problem)(see the Sefer Sheva Mitzvahs Hashem on the prohibition of Avodah zarah chapter 5 with the footnotes).

It therefore would be better to avoid purchasing or selling such mezuza cases or possibly advisable to rub off the nose of a toy human figurine on the mezuza case if one already owned it (see Kitzur Shulchan Aruch ibid:2).
Animal images (in general) are not a problem, see the Shulchan Aruch 141:6, however for a mezuzah case since one touches and some kiss it, it would not be advisable to have it for a mezuza case.

These rules of forbidden tzuros on mezuza cases would apply even if they certainly were not made for to be served as Avoda Zara (idolatry), even if they were crafted by a Jew the same would apply.
Since it is a problem (on some of the aforementioned mezuzah cases), one would not be allowed to assist with putting the mezuza inside the case because "lifneh iver lo sitan michshol".
I presented the picture of this mezuzah to 2 halachik poskim residing in Jerusalem and I will share their responses that I recieved:
Rav Moshe Weiner wrote:
"I must admit, the problem of tzuros lenoy doesn't apply in this case, since this is not a complete face rather a profile only which isn't forbidden (see Kitzur Shulchan Aruch ibid)".


Rav Shammai Gross said for sure not to use such a case and not to sell them either.

Any tzurah of a moon, stars, sun, etc is for sure ossur (forbidden). A trzurah of a person is also ossur. Over here he said he wants to be m'ayin (further investigate) since l'maseh it's only half a face. Aside from what it says there in Shulchan Aruch Yoreh Deah he gave another reason not to use this since one is going to kiss the mezuzah when they pass by it. For sure one should not kiss such a thing.

This article is meant to arouse attention to this issue at hand, everyone should verify with their own competent Rav for Halacha Lemasah.

Tuesday, January 31, 2012

Do beams need mezuzahs



Question:
Does the right beams in these pictures require a mezuza scroll to be mounted on them, since they resemble an entrance?
Answer:
These beams do not constitute a door post entrance, rather, they are intended to either support the roof or are for decoration purposes. In halacha this is called an "Achsadra,"as explained in Yoreh Deah 286:6, which is exempt from a Mezuza scroll. In general beams, pillars etc... are not regarded as door posts, however very easily the scenario can change the outcome of the halacha so it is always safer to ask when in doubt.

Mezuza on an angle and right side

Why is that the mezuzah’s are put up on an angle and on the right side of the door?

Placing the mezuza on an angle is actually an Ashkenaz custom, sefardim place the mezuza standing straight up. I placed your mezuzas on a slight angle because; a) your husband is Ashkenaz and b) all of your mezuzas are Ashkenaz script (sofrim call this ksav beis yosef).
The difference of custom is based on an argument between two of the rishonim (mid-evil Talmudic scholars) in interpereting a talmudic passage. Rashi holds a mezuza should be should stand straight up. Rabeinu Tam argued that a mezuza should be placed horizontally. The Rema 189:6( an ashkenaz halachik authority of the 16th century) writes that we can fulfill both opinions by placing the mezuza on a slant (so it is also standing and also laying down).

We place the mezuza on the right side of entry since the Torah uses the word ביתך "your house" concerning mezuzas, and the Talmud (Yoma 11) derives from the wording that the placing of the mezuzas need to be on the way you enter the door from the right side. As most move their right foot before their left foot to walk. A second reason is that many aspects in holiness we start from the right side first.

Mezuzah in an office

Question:
I work in a non-Jewish environment in my office, in fact I am the only Jew on my floor. Do I need to put a mezuza on my door of my office?

Answer:
The Rema in Yoreh Deah Deah 186:1 writes that a house shared with a non-Jew is exempt from a mezuzah, because, as the Rishonim explain, there might be a potential danger stemming from animosity. (Note that the Rashba and other poskim includinging the Bedek Habayis authored by Rav Yosef Kairo held that in the above case one is obligated to have mezuzahs since they are intended to protect the home {unless there was a true danger by placing them}).

Therefore the general topic is in dispute among the poskim, however, since your work room is designated for you and is not shared by others it would require a mezuza. This is similar to the case of a Jew and non-Jew living in the same home where the Jewish person would need to place a mezuza on his or her personal room (Responsa Shvut Yakov 3:89, this is when their is no suspected danger). Today, I would like to note that we are not living in the days of danger among hostile gentiles (like it was in the times when the Shulchan Aruch was written) and where religious freedom is widely tolerated.

With regard to whether or not you should make a blessing, in the case of an office, you would need to consult a Rav since it depends on your types of activity and time you spend in the environment of your office.

Mezuza that fell down/ Mezuza on a non Jew's room?

Question:
I have 2 questions for you Rabbi on Mezuzas.
1) My mezuzah fell off the door to the floor, is this a bad sign for the house anything that I should do?
2) Does my non Jewish maid who lives in our house need to have a mezuza on her door as well, since it is our home?

Answer:
In answer to question 1) Although not obligated, when a mezuzah falls from its correct place one should take that as a sign to check the mezuzah, (Shevet Ha'Keusi 1:275 ;Kitzur Yalkut Yosef v. 2 p. 750). Therefore maybe it is not such a bad sign just possibly a friendly reminder from Above. On a side note, if a mezuzah fell one would make a new blessing when affixing it up again (provided that the door would of needed to make a blessing in the first place, when in doubt verify with a competent Rabbi in these laws).

In answer to question 2) If your maid lives in a room in your house the Aruch Hashulchan 286:3 writes that the room still requires a mezuza on the door since the obligation of mezuza is incumbent on the house, not on the person. However the poskim stress that this is the case only if you or your family members enter the maids room occasionally or at least seldom (Pischei Shearim p. 132).
If one built a special back house for their maid to live in (i.e. not connected to the house) than it does not need a mezuza even though you technically own the back house (ibid).

Welcome to the Mezuzah blog

My name is Dovid Bressman, I am a Rabbi of Congergation Knesset Israel of Beverlywood, in Los Angeles California and I come into many halachik questions on ranging topics. I am also a Sofer/Magiah and I took the initiative to start a blog that will post articles on mezuza issues and also halachik articles in the topic of Sta"m (Sifrei Torah, Tefillin and Mezuzahs) that are pertinent and beneficial to Rabbi's and laymen alike. I will post on this blog questions that I was asked and I will answer them. Your posts and/or comments whether questions or essays are appreciated.
Hopefully we will also have some Torah scholars join the blog and be Mizake HaRabim. I would also like to thank Rabbi Moshe Weiner, a world renowned posek and author of many halacha books, who resides in Jerusalem, for giving me permission to post some of his articles. I would also like to welcome Rabbi Aryeh Schecter for joining this blog, he is a world renown posek in the laws of Mezuza posting and author of the sefer Pischei Shearim a Hebrew sefer on mezuzah posting.
May it be fulfilled very soon the prophesy of Isaiah 11:9 that states: "The world will be filled with the knowledge of God as the waters cover the ocean bed"

If you want to make your own posts contact me at rabbibressman@gmail.com