web analytics
March 4, 2015 / 13 Adar , 5775
At a Glance
Judaism
Sponsored Post


Daf Yomi

Daf-Yomi-logo

Removing Mezuzos When The Lease Is Up
‘For It Was A Residence For The High Priest’
(Yoma 10a)

Our daf discusses the absence of mezuzos in the Beis Hamikdash. The Parhedrin Chamber was an exception, however. The Gemara suggests that it required a mezuzah since it was the kohen gadol’s dwelling place. However, since other dwelling chambers in the Beis Hamikdash didn’t have a mezuzah, the Gemara is forced to conclude that the only reason the Parhedrin Chamber had a mezuzah was due to a special rabbinic decree.

The Gemara (Bava Metzia 102a) states that if a person vacates his premises, he may not remove his mezuzos if the next resident will be Jewish. The Gemara does not tell us if he may demand payment for the mezuzos from the next resident.

Two Reasons To Forbid

Tosafos offer two reasons to forbid a vacating resident from removing his mezuzos: 1) harmful spirits (mazikin) may enter a house without a mezuzah – removing the mezuzos, therefore, may be tantamount to actually inviting them in (Bava Metzia 101b, s.v. “lo yitlenah veyeitzei”); 2) a mezuzah not sitting on a doorpost is not being used for a mitzvah – removing it, therefore, is akin to stripping it of its purpose, which is forbidden. A similar issue, writes Tosafos (Shabbos 22a s.v. “Rav”), arises with removing tzitzis from one tallis and placing them on another.

The Gemara (Bava Metzia 102a) relates that someone once moved from his home and took along his mezuzos. For this deed, he later lost his wife and children.

Payment For Mezuzos

Many Rishonim do not clearly state whether a new resident must pay for the mezuzos which the previous resident left behind. The Ritva, for example, states that “he may have to pay.” The Beis Yosef (Y.D. 291) cites Rabbenu Manoach’s opinion that “if the previous resident demands it, it is better to pay him, but we must not use coercion.” The Rema rules (ibid.) that “if the previous tenant demands it, he is to be paid.” Later poskim ask whether this means that the departing tenant can demand payment through a beis din. It’s not clear. Perhaps the Rema is merely advising a new tenant to pay the old one. Perhaps he cannot be forced, however.

The Bach (ibid.) explains why we are unsure whether the new resident must pay the old one. He says the answer depends on the two reasons why a person has to leave his the mezuzos on his old residence. If the reason is the mazikin, then the new resident must pay the old one for leaving these protective mezuzos up for his benefit. If, however, the reason has to do with stripping the mezuzos of their function, the new resident need not pay for them. He can say to the old resident, “You left the mezuzos to fulfill your obligation; I owe you nothing” (see Perishah 291:2).

Where Being Affixed Elsewhere

The Ritva (Bava Metzia ad loc.) quotes the She’iltos stating that a departing tenant may not remove his mezuzos if he doesn’t need them in his new premises. If he does, however, he may remove them since the mezuzos will continue to be used. According to the She’iltos, then, mazikin are not a factor in considering whether one may remove his mezuzos. The only thing to worry about is whether the mezuzos will continued to be used.

One Who Is Not Of Means

If we are not worried about mazikin, then a poor person, in particular, would be allowed to take down his mezuzos and use them in his new residence. If we are worried about mazikin, however, even a poor person may not remove the mezuzos from his old residence. The poskim (Birkei Yosef 291, s.k. 3; Peri Megadim, O.C. 13; Mishbetzos Zahav s.k. 2; Da’as Kedoshim by the Rav of Butczacz on Y.D., Hilchos Mezuzah 291, s.k. 1) rule that if a poor person absolutely cannot afford new mezuzos, he may rely on the second reason for the prohibition and take his mezuzos with him. (See Nimukei Yosef, who offers a third reason why one may not remove mezuzos – to avoid disturbing the presence of the Shechinah that dwells in premises graced by a mezuzah.)

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

Current Top Story
Rosalind Jordan, Washington, D.C. reporter for Al Jazeera
Al Jazeera Reporter: ‘Bibi Said ISIL and Iran Working Together’
Latest Judaism Stories
Daf-Yomi-logo

An Auto Accident
‘All Agree That They Are Exempt’
(Kesubbos 35a)

Q-A-Klass-logo

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

Taste-of-Lomdus-logo

Why would the exemption of women from donating the half shekel exempt them from davening Musaf?

This concept should be very relevant to us as we, too, should be happy beyond description.

The Holocaust was the latest attempt of Amalek to destroy the special bond that we enjoy with God.

One can drink up to the Talmud’s criterion to confuse Mordechai and Haman-but not beyond.

“The voice is the voice of Yaakov, but the hands are the hands of Esav” gives great insight to Purim

Purim is the battleground of extremes, Amalek and Yisrael, with Zoroastrian Persia in between.

One should not give the money before Purim morning or after sunset.

The mishloach manos of times gone by were sometimes simple and sometimes elaborate, but the main focus was on the preparation of the delicious food they contained.

Does Hashem ever go away and not pay attention to us?

In other words, the Torah is an expression of the Way that we must follow in order to live a divine-like life and to bond in the highest way possible with God or Being Itself.

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

The avodah (service) of the kohen gadol is vital and highly sensitive; the world’s very existence depends on it.

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

An Auto Accident
‘All Agree That They Are Exempt’
(Kesubbos 35a)

Daf-Yomi-logo

The Threat Of Death
‘Sign or Else…’
(Kesubos 19a)

Tethered To The Mother
‘If She Is Fit, Her Daughter Is Also Fit’
(Kesubbos 13b)

A Joy And A Blessing
‘Rejoicing All Seven Days’
(Kesubbos 4b)

An Explosion In The Trench
‘With A Glowing Hot Knife’
(Yevamos 120b)

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

Mitzvah Or Kinyan?
‘Both Shall Have Intention At The Same Time’
(Yevamos 102b)

A Kohen Of Choice
‘A Deaf-Mute, A Mentally Challenged Person, A Minor…’
(Yevamos 99b)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-103/2013/11/14/

Scan this QR code to visit this page online: