(For p’sak halachah, please ask your own rav.)
Mezuzah On Shabbos
Question: May you reaffix a fallen mezuzah on Shabbos?
Short Answer: It is forbidden to reaffix a mezuzah on Shabbos by nailing it into the wall. However, the poskim dispute whether it is permitted to reaffix a fallen mezuzah on Shabbos by simply placing it back into the case on the wall.
Explanation:
I. The Case
The Sheivet HaLevi (4:143) was asked an interesting question. A person’s mezuzah was connected to the wall via nails. However, one Shabbos, the top part of the case broke and the top of the case together with the parchment fell out. Is it permitted to place the parchment back into the bottom part of the case on Shabbos? In other words, the owner is not gluing or hammering anything on Shabbos; he is simply slipping the parchment into the part of the case that is still attached to the wall.
In order to understand the Sheivet HaLevi’s response, certain background knowledge is necessary.
II. How Important Are the Nails?
The first issue to understand is how important are the nails in the mitzvah of affixing a mezuzah. Does the mitzvah require an affixing that is permanent, or is it sufficient if the mezuzah is affixed in a haphazard or tenuous manner?
The Tur (Yoreh Dei’ah 289) writes how a mezuzah should be affixed. You nail the mezuzah to the doorpost, or you carve out a part of the doorpost and affix it there. The Tur implies that there is a requirement that the mezuzah be firmly attached to the doorpost in order to fulfill the mitzvah. Indeed, the Shulchan Aruch (Yoreh Dei’ah 289:4) implies the same, that it is insufficient to simply affix the case to the door, with the parchment being able to be easily slipped in and out of the case. Rather, you need to firmly affix the parchment with the case to the doorpost.
The Shach (7), on the other hand, downplays this requirement. The mezuzah only needs to be affixed in a permanent manner, such as with nails, where the owner intends for the mezuzah to stay there for a long time. If the owner only intends for a temporary mezuzah, such as if he plans on painting in that area next week, a mezuzah that is only affixed in a temporary manner suffices.
The Sheivet HaLevi suggests that the Tur and the Shulchan Aruch do not disagree with the Shach. The fact that they mention the second case of carving out part of the doorpost proves that they do not require actual permanent affixing of the mezuzah, but that it is fine to simply slip the parchment into the carve-out in the doorpost.
The Yaavetz (1:36), however, expressly writes that a mezuzah may not be affixed on Shabbos, as you are required to nail in the mezuzah into the doorpost, which is forbidden on Shabbos. The Sheivet HaLevi notes that even though the Maharsham (4:138/139) appears to likewise rule that the mezuzah must be firmly attached to the doorpost, the Sheivet HaLevi himself does not understand why slipping the parchment into an already existing carve-out would not be sufficient. Accordingly, it should be permitted to place the mezuzah back into the broken case on Shabbos.
III. For the Mezuzah
The Sheivet HaLevi next addresses whether there is even a prohibition if you affix the mezuzah with nails into the wall on Shabbos. For that, the Sheivet HaLevi cites the Gemara in Shabbos (131a), which expressly forbids affixing a mezuzah in a permanent manner on Shabbos. Importantly, even if the affixing of the mezuzah is not “l’gufo” of the wall, as the wall does not benefit from the mezuzah, it is certainly “l’gufo” of the mezuzah, and thus there is no exemption from the aveirah because of “m’lachah she’einah tz’richah l’gufah.”
Thus, it would be forbidden to permanently affix a mezuzah on Shabbos.
IV. What Should You Do?
So, what should you do if your mezuzah falls on Shabbos?
The Sheivet HaLevi cites the Daas K’doshim who ruled that the owner may ask a non-Jew or child to place the mezuzah back into the case. This is likely only a d’Rabbanan, and asking the child/non-Jew involves only a d’Rabbanan, which is permitted in a situation of mitzvah. However, the Sheivet HaLevi himself does not allow this option, as a non-Jew or child is not permitted to affix your mezuzah even during the week.
However, the Chakrei Leiv, as cited in the Sdei Chemed (as cited in Sheivet HaLevi) notes that some Acharonim allow you to reaffix a mezuzah on Shabbos. Presumably this leniency is only in cases where the mezuzah need not be bolted into the wall, such as where the mezuzah can merely be slipped into a case already on the wall.
The Sheivet HaLevi then cites the Mezuzas M’lachim who attacks the Chakrei Leiv and rules that it is always forbidden to reaffix a mezuzah on Shabbos, lest you come to use nails, which would be a m’lachah d’Oraisa. The Sheivet HaLevi doubts this stringency though, as there is no source for such a g’zeirah. Indeed, this is far different from the Shulchan Aruch and the Rama (Orach Chayim 313:5-6), who forbid even lightly reattaching a broken bed on Shabbos lest you fasten the pieces tightly. Here, placing the mezuzah back in the case on the wall is not even considered fastening at all and is permitted.
V. Entering a House Without a Mezuzah
But is it forbidden to slip the mezuzah back into the case on the wall because by doing so you are “fixing” the house? In other words, since it is forbidden to live in a house without a mezuzah, you fix the house by reaffixing it on Shabbos. Perhaps this should be forbidden.
In response, the Sheivet HaLevi says that it is actually not forbidden to live in a house that does not have a mezuzah. This author adds that this is not clear. The sefer K’vius Mezuzah K’Hilchasah (1:10) cites the Magen Avraham (Orach Chayim 13:8) by tzitzis, who discusses whether there is a prohibition, even d’Rabbanan, to wear a beged without tzitzis or live in a house without a mezuzah. However, the K’vius Mezuzah K’Hilchasah cites Rav Moshe Feinstein zt”l as ruling that it is permitted to remain in a house where the mezuzah fell off and you cannot immediately put it back up.
The Sheivet HaLevi concludes that it is permitted to slip the mezuzah back into the case on the doorpost on Shabbos.
VI. Dissenting Opinion
Notably, the Sh’miras Shabbos K’Hilchasah (23, n. 101) appears to disagree and suggests that it is forbidden to reaffix a mezuzah on Shabbos, even if you just slip the mezuzah into the case on the doorpost. This is a problem of boneh, as you are building by adding the mezuzah onto the doorpost.
By Rabbi Ephraim Glatt, Esq.