Entering a House (or Room) that does not have a Mezuzah

By Rabbi Dovid Nissan Bressman

Entering a House (or Room)
that does not have a Mezuzah

One may not enter (or remain) in a room of one’s own home that does not have mezuzos up unless one does not have another room unless you have no choice.^[1] For example, an owner takes occupancy of a new home before receiving kosher mezuzos for affixing. Some Poskim^[2] suggest that in a pressing case, when one is unable to affix mezuzos in the meantime (i.e., on Shabbos when a mezuzah falls down when one is not allowed to reaffix the mezuzah),^[3] that one may renounce ownership of one’s house so that the obligation no longer applies.[4] This practice, however, is complicated when the room one wishes to enter in only has a Rabbinic obligation to have a mezuzah.^[5]

One may enter into someone else’s home even if there is no mezuzah on the house since the obligation is not on the visitor, but rather, on the owner.^[6]

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[1] Pischei Teshuva 285:1 quoting the Pri Megadim (Aishel Avraham Orach Chayim 38:15 quoting Korban Ha’eda Yerushalmi Megillah); Aruch Hashulchan (Yoreh Deah 285:5).  Since the Torah did not forbid one to dwell in a house that does not have mezuzos, rather we have an obligation to place them up and whenever one does not have another home with mezuzos (in the meantime) our Sages did not decree that it is forbidden to enter/dwell there – Mordechai brought in the Magen Avraham 13:8.

[2] Mikdash Me’at 285:3 gives this advice based on Shabbos 131b. The Meiri commentary to Shabbos (127b; 131b) writes that renouncing of ownership of one’s house may take place on the Shabbos as well since, by renouncing, there is no changing of ownership.

[3] If it would be affixed with nails or screws, this would be considered ‘building’ which is forbidden. Even if there is no ‘building’ involved, it would still be forbidden as explained in Mezuzos Melachim (Shalom Va’emes 16), for we are forbidden from returning it to a hole even without using nails, for perhaps one eventually could come to returning it with nails. The author also offers six additional reasons.

[4] This should preferably be done in front of three people (see Nedarim 45a following the view of R. Yehoshua Ben Levi). Tosfos and Ran also rule that Rabbinically three witnesses are necessary; the aforementioned Poskim agree that if this is not possible, even one may suffice.

[5] It seems that there is no difference between a Biblical mitzvah and a Rabbinical mitzvah, for whenever there is an obligation on the person, our Sages forbide a person to enter into a situation where they would nullify the mitzvah. However, see the Sdei Chemed (Ma’areches Mem Klal 115) which brings opinions that hold it is not forbidden at all for one to enter into a house that does not have a mezuzah (not like the opinion of the Pri Megadim (ibid). See also Gidulei Hekdesh (p. 285).

Therefore it seems in practice, that one should be stringent initially even with a room which is only Rabbinically obligated in mezuzah to not enter when one can manage otherwise. However, even in a place with a Biblical obligation of mezuzah, if it is a burden for the person to leave their home to go to another house/room until one is able to affix a missing or fallen mezuzah, there is no obligation to leave (especially since this practice of leaving a room without a mezuzah is only Rabbinical and not Biblical).        

[6] Chovas Hadar 1:5 (footnote 22) citing from Sdei Chemed (Ma’areches Mem Klal 115): This is in addition to the fact that there are Poskim that hold that it is not forbidden for one to enter a house that does not have mezuzos.

However regarding Areivus, our obligation to watch over and ensure the spiritual wellbeing of another Jew (Shavuos 39a), one should assist them in affixing mezuzos.