(For p’sak halachah, please ask your own rav.)
Immediately Upon Purchase
Question: At what point must you affix mezuzos on a house that you purchase?
Short Answer: You should affix mezuzos immediately upon moving into the house. Some poskim hold that you should affix the mezuzos when you move your furniture into the house, even if you yourself have not yet moved into the house.
Explanation:
I. Houses in America
Tosafos (Avodah Zarah 21a-21b), in the midst of a discussion regarding selling houses to non-Jews, suggests that a Jewish person has no true ownership of houses in chutz la’aretz. Accordingly, a house in chutz la’aretz is not considered “beisecha.”
Tosafos asks on this interpretation from the halachah of mezuzos. If a house in chutz la’aretz is not considered “beisecha,” why is such a house obligated in mezuzah? We know, however, that a Jewish-owned house in chutz la’aretz is obligated in mezuzah. Indeed, we previously learned (see Article #2) that a tenant is not obligated to affix a mezuzah in his rental property until 30 days have passed, as it is not viewed as his property until he lives there for 30 days. It is clear, adds Tosafos, that a purchaser of a house in chutz la’aretz must affix a mezuzah immediately.
Tosafos takes for granted that of course a purchaser of a house must affix a mezuzah immediately.
II. The Maharam Schick’s Ruling
The Maharam Schick (Yoreh Dei’ah 286) was presented with an interesting question by the Aruch LaNer. A person owned a house with an attic. In general, he rented out the attic, but it was now vacant. The owner wanted to know whether he could live in the attic himself for seven to ten days without a mezuzah while he was doing construction in his house.
The Maharam Schick ruled that he needed to affix the mezuzos immediately upon living in the attic. The attic becomes the owner’s “dirah” immediately, even if it does not become a “beis dirah” for 30 days. Indeed, the owner would be obligated to pay city taxes immediately upon moving into the attic.
Rav Ovadia Yosef zt”l (Kovetz Beis Aharon V’Yisrael, Vol. 82, p. 58) likewise holds that a mezuzah must be affixed immediately when a person purchases a house. He cites numerous Acharonim who concur with this ruling, including the Harei Besamim, Heishiv Moshe, Chaim B’Yad, Sukkas David, and the Leiv Meivin. R’ Ovadiah also cited the Beis Aharon Krispin who proves that the mezuzah must be affixed immediately because the Gemara only holds that a tenant has a 30-day window but does not provide such leniency by a purchaser. There is thus no basis for a purchaser to delay affixing a mezuzah.
III. The Chakrei Leiv’s Dissent
The Chakrei Leiv (3:127), as cited in Kovetz Beis Aharon V’Yisrael, disagrees. He writes that a house is not considered “settled” by the purchaser for 30 days. Therefore, while he rules that the purchaser should affix a mezuzah immediately, the brachah should only be recited after 30 days.
Rav Ovadia, however, cites Acharonim who challenge the ruling of the Chakrei Leiv based on Tosafos (above). Indeed, the Sdei Chemed (cited ibid) cites many poskim who attack the ruling of the Chakrei Leiv. Rav Ovadia himself concludes that the purchaser should affix the mezuzah immediately, as well as make the brachah immediately. We do not abandon all these other poskim and delay the brachah simply because of the Chakrei Leiv.
Mishneh Halachos (4:131) similarly notes that there are some poskim who hold that the mezuzah need not be affixed for 30 days, but that the majority of poskim hold that it must be affixed immediately. This is how the Mishneh Halachos personally ruled.
IV. Immediately After What?
What is considered “immediately” with respect to mezuzah? In other words, must a purchaser affix the mezuzos in his new house upon closing or upon moving into the house?
The Mishnah B’rurah (Orach Chayim 19:4) compares mezuzah to tzitzis. Since mezuzah is a mitzvah upon the dweller, the dweller should affix the mezuzah immediately upon entering and dwelling in the house. This is akin to tzitzis, where the brachah is recited upon wearing the tzitzis, not upon making the tzitzis. K’vius Mezuzah K’Hilchasah (p. 28) cites numerous Acharonim who agree with the Mishnah B’rurah. Accordingly, one should NOT affix the mezuzah with a brachah before you live in the house, as the obligation has not yet started.
On the other hand, there are some poskim who hold that the obligation starts as soon as the purchaser moves his items into the house, even if he himself is not yet living in the house. This is the opinion of the Chazon Ish and Rav Chaim Kanievsky zt”l. See K’vius Mezuzah K’Hilchasah (ibid). However, the reasoning for this opinion is debated. One reason is because the house, with all the furniture, is no worse than a storehouse, which needs a mezuzah according to many poskim. A second reason is because bringing in furniture is tantamount to dwelling in the house.
K’vius Mezuzah K’Hilchasah also cites the Steipler, who felt that bringing in the furniture was insufficient to obligate the dweller in mezuzah. Rather, the dweller is obligated in mezuzah after eating the first meal inside the house.
Rav Azriel Auerbach shlita (Mezuzos Beisecha, p. 21) writes that if you purchase a summer or vacation home, which you don’t plan on living in frequently, you must affix the mezuzah immediately, as this is considered “dwelling.”
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
