The Torah tells us that one who owns a house is required to affix a mezuzah on all the doorposts as soon as he or she moves in. What about if someone is only renting the house? The answer actually depends on where the house is located! The Gemara in Menachos tells us that, in Eretz Yisroel, one must affix a mezuzah immediately upon moving into a new home, whether he owns the home or it is merely rented. However, in the Diaspora, it depends: one who bought a house is required to put the mezuzah immediately, but if it is a rental, then one has until 30 days to put up the mezuzah.
How do we understand this? The Torah mandates: “You shall affix a mezuzah on the doorposts of your house.” Does a rented home qualify as “your” house or not? There is a difference of opinion among the Rishonim as to how to understand the exemption of a renter for the first 30 days and why he is required to put on a mezuzah after 30 days.
One understanding is that a rented house is really not considered “your” house and, from a Scriptural standpoint, there is no requirement to affix a mezuzah, at all. But once someone lives there for a period of 30 days, and it looks like it is his house, people will think that he is living in the house and not fulfilling the mitzvah of putting up a mezuzah. Therefore, the Chachamim mandated that, after 30 days, one must affix a mezuzah.
Other Rishonim explain that a rented home is, in fact, considered “your” home. The reason there is no requirement until 30 days, is because a person is not really fully settled until 30 days, and it is not clear that the person is here to stay. Therefore, we do not consider him really here permanently until he is there for 30 days. We find a precedent to this concept in other areas of halacha (in regards to taxes and certain tzedakos), that until one lives in a place for 30 days, he is not considered a full-fledged resident of that town. Therefore one is not required to affix a mezuzah until 30 days when we know that he is here to stay.
However, in Eretz Yisroel, even a renter is required to immediately affix a mezuzah. The Gemara explains that the reason for this is to facilitate yishuv Eretz Yisroel, the establishment of people living and settling in Eretz Yisroel. Rashi explains that if we require one to immediately affix a mezuzah, he will think twice before packing off, since halachah requires one to leave the mezuzos behind. Additionally, if one does move out, the house will be easily taken by others, since it is fully loaded with kosher mezuzos.
The Sfas Emes raises some issues with this explanation and offers another interpretation. As we mentioned previously, a mezuzah is a shmira, a safeguard for a home. When there is no mezuzah, there is room for mishaps and destruction to occur. The Chachamim therefore, mandated that one must immediately affix a mezuzah to ensure that every house in Eretz Yisroel will be safe and sound. The Sefer Hachinuch adds another point. As we mentioned, one reason for the exemption during the first 30 days is due to its lack of permanency. However, in Eretz Yisroel, where we hope that one will settle, the permanent status is immediate. May we merit to live there permanently, speedily, in our days!
In conclusion
Someone who rents a home outside of Eretz Yisroel has a grace period of 30 days to put up the mezuzos, but in Eretz Yisroel – or if one buys a home anywhere – mezuzos must be put up immediately. There is a discussion in the poskim if one could or should affix a mezuzah before the 30 day period is over. We will, b’ezras Hashem, discuss this in a future article.
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