web analytics
July 1, 2015 / 14 Tammuz, 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.)

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.

Current Top Story
The concealed wooden doors opened to reveal stairs leading to an ancient mivkah.  The mikvah is a Jewish ritual pool that has been used for thousands of years -- to this day --  for various purification purposes.
2,000 Year Old Mikvah Found Beneath Jerusalem Living Room
Latest Judaism Stories
Staum-062615

Amalek, our ultimate foe, understood that when unified, we are invincible and indestructible.

Torat-Hakehillah-logo-NEW

Perhaps on a deeper level, the mitzvah of parah adumah at this junction was not just to purify the body, but the spirit as well.

Rabbi Avi Weiss

Halacha isn’t random; it’s a mechanism guiding individuals and society to a higher ethical plateau.

Q-A-Klass-logo

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

Less clear, however, is whether the concept applies to the area of civil law such as the law of transfer of property.

The greatest of men, Moshe, had to wait for Hashem to sprinkle purifying waters on Bnei Yisrael to mark the conclusion of the period of death.

My Plate, My Food
‘My Loaf Is Forbidden To You’
(Nedarim 34b)

Of Chukkim “Satan and the nations of the world made fun.” They may appear irrational & superstitious

I realized from this story that I was sent as a messenger from above. Hashem has many helpers in this world to help do his work.

Tosafos answers that nevertheless the sprinkling is a part of his taharah process.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

Zaidie’s legacy of smiles and loving words was all but buried with him, now the family fights over $

Israel’s complaining frustrated Moshe, making it increasingly hard for him to lead effectively

Dovid’s musical Torah teachings were designed to penetrate the soul and the emotions.

It occurred to me, as my brain rattled in my skull on a two-hundred mile ride through rural Virginia, that our souls work in much the same way.

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

My Plate, My Food
‘My Loaf Is Forbidden To You’
(Nedarim 34b)

Daf-Yomi-logo

Not As An Asmachta?
“An Asmachta [In Beis Din] Does Acquire”
(Nedarim 27b)

Ulla’s Murderous Companion
‘Yes! Cut Him Even Deeper’
(Nedarim 22a)

An Enduring Text
‘If One Vows By The Torah…’
(Nedarim 14b)

Casting A Doubt
‘Shall We Say [They] Are Not Valid?’
(Nedarim 5a-7a)

The Honor Of Reading The Kesubah
‘Witnesses Sign Only After Reading…’
(Kesubos 109a)

Twice Promised
“Such And Such [I Give My Son]…”
(Kesubos 102b)

Seller’s Remorse
‘He Sold Because He Ostensibly Needed The Funds’
(Ketubbot 97a)

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

Scan this QR code to visit this page online: