Friday, August 28, 2015

Mezuzah that Fell to the Ground

Rabbi Dovid Nissan Bressman

Mezuzah that Fell to the Ground
Concerning a mezuzah scroll that fell to the ground from one’s hand, one authority holds that one does not fast,[1] while another authority does.[2] Other authorities write that it is proper to give tzedaka in place of fasting.[3] If, however, the mezuzah fell to the ground while it was in its case, one need not even be stringent to fast; rather, it is proper to give some tzedaka, the value of a prutah (a very small value).[4]
If a Mezuzah fell from the doorpost to the floor, one should take it as a sign that it should be checked.[5] If a mezuzah falls down on Shabbos, one should pick it up and put it in a safe place[6] until after Shabbos ends. Thereafter, one should immediately reaffix it (and preferably check it first). The mezuzah should not be handled for the remainder of the Shabbos since it is considered muktzah.[7]



[1] Lev Chayim 131.
[2] Sharei Emes as quoted by the Mezuzos Melachim (Halacha Lemoshe 201).
[3] Maharsham 2:264; Be’er Moshe 3:9.
[4] Seemingly this is no more stringent than the rule of tefillin that fell to the ground while in their protective boxes where one need not fast as rules the Magen Avraham (44:5). The Mishna Berura 40:3 bringing this Magen Avraham later quotes from the Aliah Rabbah that one should however give the value of a ‘prutah’ to tzedaka if tefillin fell while in their case. Therefore it seems that it is proper to also give tzedaka if the mezuzah fell in its case.
[5] Shavet Hakehasi 1:275.
[6] Kitzur Shulchan Aruch 85:5 (in regard to Tefillin) - one should pick it up since it is a desecration for a holy object to be on the floor.
[7] Minchas Shabbos 88:37,38- since the mezuzah fell on Shabbos it is similar to the rule of doors that fell off a house on Shabbos that are considered muktzah (Magen Avraham 308:19; Shulchan Aruch Harav 308:35).
It seems even worse if the entire case fell together with the mezuzah scroll since it is currently not fit for any use (not even to read from while it is closed), therefore it is classified as muktzah since one is not allowed to reaffix it on Shabbos.
Differing opinions:
However, see the Be’er Moshe (8:72) which differs in this matter and holds that a mezuzah is not muktzah even if it fell on Shabbos. See the next footnote.

Tuesday, August 25, 2015

Custom to Check Mezuzos During the Month of Elul and Every Twelve Months

Rabbi Dovid Nissan Bressman
Custom to Check Mezuzos
During the Month of Elul and Every Twelve Months
Those that are scrupulous in mitzvah observance have their tefillin and mezuzos checked once every year, during the month of Elul.[1]
According to an opinion brought in the Mechilta,[2] one should see to it that one’s tefillin and mezuzos are checked every 12 months. The Lubavitcher Rebbe would quote this Mechilta and arouse people’s attention to checking their tefillin and mezuzos periodically.[3] Therefore, according to this practice, one should check one's tefillin and mezuzos every 12 months, even if it is not specifically during the month of Elul.




[1] Mateh Efraim 581:10; Kitzur Shulchan Aruch 128:3.
[2] Shemos 13:10.
[3] Igros Kodesh Vol. 8 (p. 198); ibid Vol. 18 (p. 359); ibid Vol. 11 (p. 248): One should check one’s mezuzos, not because there is a definite suspicion, but to follow the opinion that is brought in the Mechilta "מימים ימימה- י"ב חודש"  (from year to year- 12 months). (According to the text of the Rosh in the end of Hilchos Tefillin, the opinion that requires to check every 12 months is Beis Shamai; however, according to our text of the Mechilta and is also the text of Tosfos Menachos 43a, the opinion that requires checking every 12 months is Beis Hillel.)
The fact that the mezuzos were kosher beforehand does not contradict the need to recheck one’s mezuzos. The proof is from the need to check twice every seven years according to Jewish law. Sometimes the ink can break off or some water can get into the case and damage the parchment. When the matter is concerning health, one should be extra careful in these matters even out of doubt.
See also Sichos Kodesh 5734 Vol. 2 (p. 378): Despite that according to Jewish law mezuzos of an individual need to be checked only twice every seven years, nonetheless, when one wants extra blessings from above it is better to have them checked every year. How much more so today, that in many places there are serious concerns on the kashrus of the mezuzos. For there are many mezuzos that are invalid and forged. Many mezuzos are written on parchment that does not hold the ink well as it did in the times of the Talmud (probably referring to coated parchment).

Friday, August 21, 2015

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]




[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.

Friday, August 7, 2015

A new book to come out soon on the laws of Mezuzah!

B"H

Dear Friends,


Coming Soon!  A Halacha book on MEZUZAH Full  with pictures, sources and explanations.
With gratitude to Hashem I am proud to inform you of the near completion of a book on the laws of mezuzah after years of work and with the help of many experts!
 This book has close to 100 professional pictures and is nearly 350 pages. It is the most thorough book on mezuzah that will be available in English. I have received approbations (Haskamos) from many of the Torah giants of our generation.



Warm regards,

Rabbi Dovid Bressman
  


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.