web analytics
October 21, 2014 / 27 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



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.)

His Life Comes First

According to a clever suggestion in Responsa VaYechi Yaakov (Y.D. 71), even if the reason for the prohibition is to repel mazikin, a departing tenant who can’t afford new mezuzos may take his mezuzos with him. After all, he is not required to live without mezuzos just in order to protect someone else (see Responsa Iggros Moshe, Y.D. 4:44; Responsa Minchas Yitzchak 9:106; Responsa Yabia Omer, Y.D. 3:18).

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.

SocialTwist Tell-a-Friend

Current Top Story
Facebook post from man believed to be Canadian convert to Islam who rammed soldiers with his car in possible terrorist attack, Oct. 20, 2014.
‘Radicalized’ Convert to Islam Attempted to Murder Canadian Soldiers [video]
Latest Judaism Stories
God-and the world

The creation of the world is described twice. Each description serves a unique purpose.

Questions-Answers-logo

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Lessons-in-Emunah-new

To the surprise of our protectzia-invested acquaintances, my family has thrived in our daled amos without that amenity, b’ezras Hashem.

Business-Halacha-logo

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

I, the one who is housed inside this body, am completely and utterly spiritual.

Should we sit in the sukkah on a day that may be the eighth day when we are not commanded to sit in the sukkah at all?

For Appearance’s Sake
‘Shammai Did Not Follow Their Own Ruling’
(Yevamos 13b 14a)

If one hurts another human being, God is hurt; if one brings joy to another, God is more joyous.

I’m grateful to Hashem for everything; Just the same, I’d love a joyous Yom Tov without aggravation.

Bereshit: Life includes hard choices that challenge our decisions, leaving lingering complications.

Rabbi Fohrman:” Great evils are often wrought by those who are blithely unaware of the power they wield.”

The emphasis on choice, freedom and responsibility is a most distinctive features of Jewish thought.

The Torah emphasizes the joy of Sukkot, for after a season of labor, we celebrate our prosperity.

The encounter with the timeless stability of the divine occurs within the Sukkot.

Hashem created all human beings and it should sadden us when Hashem, their Father, does not see nachas from them.

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

For Appearance’s Sake
‘Shammai Did Not Follow Their Own Ruling’
(Yevamos 13b 14a)

Daf-Yomi-logo

Being Overly Burdensome
My Sabbaths Shall You Observe’
(Yevamos 6a)

Chatzitzah And Its Applications
‘Greater Stringency Applies To Hallowed Things…’
(Chagiga 20b-21a)

A Role Reversal
‘Return, O Wayward Sons…’
(Chagigah 15a)

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

A Blast At A Funeral?
“R. Hamnuna Came To Daramutha…”
(Moed Kattan 27b)

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

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

Scan this QR code to visit this page online: