The Ben Ish Chai wrote many seforim, including a sefer on Chumash. In his sefer on Chumash he takes a halachic topic related to the weekly parsha and speaks at length about its halachos (similar to what I try and do!). This week’s parsha he dedicates to Hilchos Mezuzah. What’s the connection between mezuzah and this week’s parsha?
In this week’s parsha we have the pasuk: וראו כל עמי הארץ כי שם ד׳ נקרא עליך ויראו ממך – “And all the nations of the world will see that the name of Hashem is called upon you, and they will fear you”. The Gemara in Megillah (16b) expounds that כי שם ד׳ נקרא עליך refers to the tefillin shel rosh and that when the goyim see the tefillin shel rosh they will be afraid of you. Why will they be afraid of the tefillin shel rosh? Because the tefillin shel rosh contain two out of the three letters of Hashem’s Name ש-ד-י, a shin and a daled. If the tefillin shel rosh which contain two out of three letters of Hashem’s name achieves the above, how much more so a mezuzah which contains all three letters of Hashem’s name should achieve the above.
Therefore, I would like to dedicate this week’s sheet to talk about some interesting shailos related to Hilchos Mezuzah. Primarily the shailah of if an elevator requires a mezuzah? If yes, where should it be placed? And can a mezuzah be hung up using tape? And just to keep things interesting, we will also talk about whether or not someone in prison must put up a mezuzah.
Does an Elevator Require a Mezuzah?
Let us start from the very beginning:
Does the main entrance require a mezuzah?
If one lives in a building which has both Jewish and non-Jewish residents, most poskim contend that there is no requirement to install a mezuzah (Rema, Yoreh Deah 286:1; quoting the Mordechai). The meforshim provide two reasons why no mezuzah is required in this instance, some explain that the Torah never required a mezuzah on a building unless all its residents are obligated in the mitzvah (Taz 286:2). Others absolve these buildings from mezuzah out of concern that suspicious non-Jewish residents may think the Jew is hexing them with the mezuzah (Shach 286:6). Although some recognized poskim contend that one must place a mezuzah even in a building shared by non-Jewish residents (Aruch HaShulchan, quoting Rashba and several others), the accepted practice is not to do so.
Exclusively Jewish
However, a building with exclusively Jewish residents must have a mezuzah on every entrance to the building, as well as on any other doorways inside the building, even if some of the residents are not yet observant. This is true, notwithstanding the fact that no one lives in the hallway or foyer. This halachah requires some explanation:
When the Torah teaches about the mitzvah of mezuzah, it requires placing it on the side posts (mezuzos) of one’s house and one’s gates. A house is used predominantly for residence, while a gate is not; yet the Torah requires placing a mezuzah on the gates of a Jewish city, or on the gates leading to a Jewish house, because they are entrances to the house (Yoma 11a). Thus, if one enters one’s property through a full gateway, meaning that it has a lintel and side posts, one should place a mezuzah on that entrance. This is true regardless of how many such “gateways” one enters before one reaches the house (Rambam, Hilchos Mezuzah 6:8). Even a revolving door requires a mezuzah, if it has doorposts and a lintel.
Similarly, the hallway doors of a building whose residents are all Jewish require mezuzos. Although the hallways are not suitable for dwelling, they function as entrances to the apartments, and therefore qualify as “gateways.”
Multiple Gateways
Sometimes, the entrance to a residence includes a gateway to a building’s outside premises, then a gateway to a courtyard, followed by another series of doors leading into the building vestibule. If all the tenants of the building are Jewish, one must install a mezuzah on each entryway, as explained above.
Keep Right
The Gemara teaches that one places the mezuzah on the right doorpost entering the house (Yoma 11a). Placing the mezuzah on the wrong side invalidates the mitzvah, and reciting a berachah before affixing such a mezuzah is, unfortunately, a berachah levatolah [a blessing recited in vain]. Thus, it is very important to determine whether a doorway is considered an entrance to one room, or the entrance to the other, since this is the paramount consideration in determining which side-post is graced with a mezuzah.
Who Is Right?
Regarding an internal house door connecting one room to a second, it is usually clear to which room it serves primarily as an entrance. However, there are instances when it is unclear whether the doorway is considered an entrance or an exit: what does one do in such an instance? This question often presents itself when there is a doorway connecting a living room to a dining room. Since there can be differing details in each such situation, I leave this shailah for one to ask his or her rov.
Staircases
If one lives in an apartment building with only Jewish inhabitants, the doors to the stairwells also require mezuzos, just as the entrances do, since they lead to residences (see Chovas HaDor, page 45). This halachah can be directly derived from a case in the Gemara, which describes a two family house in which an inside stairway connects the two apartments. The Gemara requires mezuzos on the entrances to the stairwells from each of the apartments (Menachos 34a as explained by Rashi). Although no one resides on the stairway, one must still install a mezuzah on its entrance, since the stairwell functions as a “gateway” to a residence.
Which Side is the Right Side of a Stairwell?
Regarding the placement of a mezuzah on the doorway of an apartment building’s stairwell, we are faced with an interesting predicament – on which side post of the doorway does one place the mezuzah? Is the doorway serving to enter the stairwell, obligating one to place the mezuzah on the right side entering the stairwell, or is it an entrance to the floor, obligating one to place the mezuzah on the right side exiting the stairwell?
The answer to this question may at first seem strange. On the entry level, one should place the mezuzah on the right side entering the stairwell, because this is the method of entering the building. However, on the other floors, one should place the mezuzah on the right side entering the floor because that doorway functions primarily as an entrance to the apartments on that floor! (Chovas HaDor, page 45). Thus, we have an anomalous situation of placing some mezuzos on the right side entering the stairway and placing others on the opposite side.
Is An Elevator Different?
Having established that the stairwell of an all-Jewish building requires mezuzos, does the elevator of such a building require mezuzos? Do we consider the elevator doorways as “gateways” to the upper apartments of the building, just as a stairway is? Perhaps the elevators are even more of an entranceway to those apartments, since people use them more frequently than the stairs! Several Teshuvos have been written which discuss this very question.
(Bear in mind that elevators have two doorways, the stationary door that is part of the building, and the door of the elevator “cage” or platform. For purposes of this write-up, we will refer to the “stationary doorway” and the “platform doorway.”)
Earliest Teshuvah
Although people presumably asked this shailah decades earlier, the earliest Teshuvah I discovered on this subject is a 5724 (‘64) inquiry by the Helmitzer Rebbe (of New York) to Dayan Yitzchok Weiss, then Av Beis Din of Manchester, England, and later Av Beis Din of the Eidah HaChareidis of Yerusholayim (Shu”t Minchas Yitzchok 4:93). In this Teshuvah, Dayan Weiss questions whether an elevator requires a mezuzah, since it constantly moves and cannot be considered a residence. He compares an elevator to a moving residence, regarding which we find a debate as to whether it requires a mezuzah. Rav Avraham Dovid of Butchatch, usually called “the Butchatcher,” rules that a moving residence requires a mezuzah. According to this opinion, someone who lives in a van or truck requires a mezuzah on the door, even if he constantly drives it to new locations (Da’as Kedoshim 286:1)
The major annotator to the Butchacher’s commentary, the Mikdash Me’at, disagrees, contending that a moving residence is considered a temporary dwelling and never requires a mezuzah. In a different Teshuvah, Dayan Weiss deliberates whether mobile homes require a mezuzah, since people often reside in them, whereas using a bus or automobile as a residence is considered temporary and does not require a mezuzah (Shu”t Minchas Yitzchok 2:82; see also Chovas HaDor pg. 37).
Dayan Weiss initially compares an elevator to this dispute between the Mikdash Me’at and the Butchacher, since an elevator is constantly moving. However, he then suggests that an elevator might require a mezuzah even according to the Mikdash Me’at, because even though the elevator moves, it is part of a residence that does not move. He compares this to the following case, which requires some explanation:
Small House
The Gemara rules that a house smaller than four amos squared, approximately seven feet by seven feet, does not require a mezuzah (Succah 3a). A space this tiny is too small to qualify as a proper residence, even for people living in impoverished circumstances. The Torah requires a mezuzah only on a doorway to a house fit to live in.
What if a room is smaller than four amos squared, but is perfectly serviceable for its function as part of a house, such as a walk-in pantry that connects to the kitchen? This room is smaller than four amos squared, and one could argue that, as such, it is absolved from mezuzah. On the other hand, one could argue that it functions perfectly well for residential use, since it is part of a house that is more than four amos squared.
Indeed, the poskim dispute the halachic status of this pantry. Some contend that this room requires a mezuzah, notwithstanding its size, since it suffices for its household purpose (Chamudei Daniel, quoted by Pischei Teshuvah 286:11). This approach contends that although a house smaller than four amos squared is too tiny to be a domicile on its own, a room suitable for its intended use that is part of a house is not excluded from mezuzah.
Dayan Weiss accepts the position of the Chamudei Daniel as the primary halachic opinion (Shu”t Minchas Yitzchok 1:8).
Other poskim dispute this conclusion, contending that a room this small is excluded from the requirement of mezuzah (Da’as Kedoshim 286:19). In their opinion, affixing such a mezuzah is unnecessary, and reciting a berachah beforehand is a berachah levatalah. (Some poskim disagree with the Chamudei Daniel’s position, but still require a mezuzah on the right hand side reentering the kitchen as an entrance to the kitchen.)
How is a Pantry Like an Elevator?
Dayan Weiss explains that the underlying principle of the Chamudei Daniel’s position is that any part of a residence that has a domestic function requires a mezuzah. He reasons that just as the Chamudei Daniel required a mezuzah on a small pantry, since it is suitable for its specific use and it is part of a residence, an apartment building elevator also requires a mezuzah, since it, too, is suitable for its intended use and is part of a residence. He therefore concludes that the elevator platform door requires affixing a mezuzah, on the right side of the way people enter into the elevator, although without a berachah, out of deference to the poskim who reject the Chamudei Daniel’s line of reasoning. (Obviously, one should be careful to affix the mezuzah in a place where it will not be crushed by the door as it closes.)
What About the Elevator’s Stationary Doorway?
Does the stationary doorway entering the elevator also require a mezuzah? If it does, then one must install a mezuzah not only on the doorway of the elevator platform, but in addition on the stationary doorway of every floor! Dayan Weiss concludes that these doorways do not require mezuzos, since they are functional only when the elevator cage is opposite them, and at that moment the mezuzah servicing the platform door does double duty, fulfilling the requirement for both the platform as well as the stationary doorway. This last concept, that one mezuzah services all the elevator doors in the building, is by no means obvious, as we will soon see.
A Differing Approach
Rav Ya’akov Blau reaches a different conclusion regarding whether an elevator requires a mezuzah. He contends that the modern elevator is comparable to the case of the Gemara requiring mezuzos on the doors leading to a stairwell. Rav Blau maintains that an elevator is identical to a stairwell, except that one substitutes an elevator platform for a stationary stairway (Chovas Hador, page 44). He reasons that since the primary entrance to an apartment on the upper story of a building is through the elevator, the stationary doorways leading to the elevator are therefore “gateways” to the upper apartments, no different from the stairwells, and are definitely obligated to have mezuzos.
Having concluded that the “stationary doorway” of each elevator floor requires a mezuzah, Rav Blau then addresses the question concerning which direction the mezuzah should face. Do we place the mezuzah on the stationary doorway entering the elevator or exiting it? He concludes that since the elevator’s main function is to transport people to the upper floors, the doorway on the entrance floor requires a mezuzah on the right side entering the elevator, and the other floors require one on the right side exiting the elevator.
Why are the mezuzos on different sides? Since the function of the stairs and elevator are as means to access the upper stories, one should place the mezuzah on the right side as one walks in their direction.
On the other hand, whereas Dayan Weiss contends that the platform doorway requires a mezuzah because it is part of a residence, Rav Blau rules that the platform doorway does not require a mezuzah, since its function is exclusively as a moving passageway.
Thus, although both Dayan Weiss and Rav Blau require mezuzos on an elevator, they completely disagree which doorway requires a mezuzah, Dayan Weiss requiring one on the platform doorway, but not the stationary doorways, and Rav Blau concluding just the opposite, that the stationary doorways require mezuzos, but not the platform doorway. (By the way, the Helmitzer Rebbe, who asked Dayan Weiss originally, held the same way as the Chovas HaDor.)
Indeed, since these are two independent disputes, someone could conclude that the platform doorway and the stationary doorways both require mezuzos. If one accepts Dayan Weiss’s premise that the elevator requires a mezuzah because it is part of a stationary, permanent residence, and one disputes with his contention that the mezuzah on the platform suffices for the stationary doorway, one would conclude that both the platform doorway and the stationary doorways require mezuzos.
An Opposite Approach
On the other hand, one could reach the exact opposite conclusion and not require a mezuzah on any of the elevator doorways, as we will see. Rav Shlomah Zalman Auerbach zt”l (Minchas Shlomah 2:97:23) conjectures that the elevator should be treated differently from a stairwell, because the elevator is not suitable for residential use at all, but only for transportation. Further, he absolves the stationary door of the building from mezuzah, because it can never be used independently of the elevator. Thus, its use is also considered non-residential.
Rav Shlomah Zalman presents another reason to absolve the stationary door from mezuzah — since as soon as the elevator changes floors, the stationary doorway becomes useless, and it therefore should not be compared to a stairwell.
In his Teshuvah on the subject, Rav Shlomah Zalman concludes that it is preferable to install a mezuzah without a berachah on the right side of the stationary doorway entering the elevator on the entrance level of the building, since this is the main entrance and exit into the building. The reason for his differentiation between the ground floor elevator and the other elevators is unclear, and I have heard that he did not really feel that there was any necessity even for the ground floor mezuzah.
In practical terms, since the above is a big machlokes, one can not charge the entire building to pay towards the mezuzos on the elevator, however, those who want to be stringent may do so, and ask if anyone else is prepared to join in.
Conclusion
Just as a properly functioning elevator lifts us to great heights, so the properly fulfilled mitzvah of mezuzah takes us far higher. We touch the mezuzah whenever we enter or exit a building to remind ourselves of Hashem’s constant presence, and it is a physical and spiritual protective shield. Whenever passing it, we should remind ourselves of Hashem’s constant protection.
How to Hang Up the Mezuzah – Nails or Sticky Tape?
Assuming one wants to be stringent in regards to the above, and wants to hang up a mezuzah on the entranceway to the elevator, often these entranceway are made of metal, and it is very hard to hang up a mezuzah using nails, unless one has a special drill. The question is, if in such a case it is ok to hang up the mezuzah using glue or sticky tape?
Two Nails or One
The Shulchan Aruch (Yoreh Deah 289:4) writes: כיצד קובעה ימסמרנה במסמרים במזוזות הפתח– “How should one hang up the mezuzah? He should hang it with nails, on the doorpost of the house.” From the lashon [language] of the Shulchan Aruch “hang it with nails” it seems that one must hang it using two nails. This is also what the Tur, Nimukei Yosef and Ri M’Lunil (Bava Metzia 102a) write. However, the Rambam (Hilchos Mezuzah 5:6) writes: ומחבר אותה אל מזוזות הפתח במסמר – “One should connect it to the doorpost using a nail”. From the lashon of the Rambam it seems that just one nail is enough.
The Da’as Kedoshim (289:17) explains, that the poskim who write that one needs to use two nails, are lav davka [non-specific] and they agree that one may use a single nail as well. However, the Chayei Adam (15:9) writes, “If one doesn’t fix the mezuzah firmly and it hangs, it is disqualified, therefore, one has to be careful to affix it using a nail on the top and the bottom, to ensure it doesn’t hang.” (See R’ Chaim Kanievsky’s Parsha Sedurah, Maseches Mezuzah ois 55 at length.)
Even if one nail is enough, the mezuzah must be attached firmly to the doorpost and can’t move around, if it moves around then the mezuzah is pasul [disqualified]. In Orchos Rabbeinu (Vol. 3, pg. 176) it is brought down that the Steipler was very particular about the above, and he held that if the bottom nail fell out, even if the mezuzah was firmly attached and didn’t shake around, one should make sure to return the nail. However, since the matter is a dispute, when doing so one shouldn’t make a berachah. If he is putting up another mezuzah he should make a berachah on that one first and then return the nail, however, if he isn’t he should put the nail back without a berachah.
Hanging Up a Mezuzah Using Glue
The Aruch HaShulchan (286:15) writes, “It’s logical that if one wraps his mezuzah with paper and connects it to the doorpost of his house using glue, that it is ok, as what difference does it make if one uses nails or one uses glue, in the end of the day it is strongly attached”.
We can bring a support to the Aruch HaShulchan from something the Bach says. The Bach (Yoreh Deah 289) writes, the reason we use nails, is to ensure the mezuzah is firmly attached, so that it doesn’t fall. If the mezuzah falls its a disgrace to the mezuzah, therefore, as a mitzvah min hamuvchor [to do the mitzvah in the best way] one should use nails. We see the main thing is that it doesn’t fall, therefore, there is no reason glue shouldn’t be ok.
The Shu”t Chelkas Ya’akov (2:60) brings a proof that glue is good from a Mishnah in Keilim. The Mishnah (5:8) is talking about a certain type of oven, and says that if the oven is made up of pieces which are less than 4 by 4 tefochim (the size something needs to be to accept tumah) however, they are stuck together by glue, they are able to accept tumah. We see that glue helps to connect something and make it into a complete keli [vessel]. If it helps for tumah, then presumably it can help for a mezuzah as well. (See also Shu”t Minchas Yitzchok 7:72:3 and Shu”t Shevet HaLevi 4:143) who prove that there is no obligation to specifically use nails, and one can use something else if it works.
What About Sticky Tape
We mentioned that one can hang up his mezuzah using glue, what about using sticky tape?
Although we mentioned that one may use glue, seemingly there is big difference between glue and sticky tape. Glue lasts for a long time, and it is very strong, and we can apply the logic of the Aruch HaShulchan, “what difference does it make if one uses nails or one uses glue” (see Shu”t Minchas Yitzchok 7:72:3). However, if one uses sticky tape the poskim aren’t so happy, as tape dries out and after a while the mezuzah is likely to fall down (see Mishneh Halachos 4:140).
R’ Moshe Sternbuch (Teshuvos V’Hanagos 1:646) raises another issue with using tape. R’ Moshe writes that one has to be mevatel [nullify] the mezuzah to the doorpost. The mitzvah is kevias mezuzah, the mezuzah needs to be firmly attached to the doorpost and become part of it, therefore, one must use nails or strong glue. If one uses sticky tape and sticks it to the top and bottom of the mezuzah, even if it doesn’t fall, in the end of the day it’s not nullified to the doorpost, it’s still its own entity, therefore, ideally one shouldn’t use tape. However, many poskim maintain, that if the sticky tape is very strong, and there is no concern that it will dry out over time, there is room to be lenient.
Personally, in my experience many times I have used double sided sticky tape, and I find it to be very good.
Mezuzos in Prison
Is a prisoner obligated to affix a mezuzah on his cell doorpost?
Where prison administration forbids affixing one or a cell contains a toilet or if prisoners or officers might deface the mezuzah or accuse the Jewish prisoner of witchcraft no mezuzah should be affixed. But where none of these are present, does a cell require a mezuzah?
The Chida notes (Birkey Yosef chapter 3) the opinion of the Beis Hillel who maintains that a prison is not considered an honorable residence and therefore exempted from mezuzah. This approach is based on the Gemara (Yoma 10a) that requires a mezuzah on Lishkas Plahedrin in the Mikdosh only so people shouldn’t say the Kohen Gadol is incarcerated.
The Chida, however, disagrees, and attributes the title of “dishonorable dwelling” only to dirty spaces – where people stand undressed or there is an unpleasant odor. Even a cowshed, unless particularly dirty, requires a mezuzah. He adds that the Sha’ar Ephraim (chapter 83) discusses the prospect of affixing a mezuzah on a communal jail house. The Chida concludes that a prison cell is exempted from mezuzah because it is a temporary living space, and designated as such. Another reason is the ownership issue (Pesach Eiynayim Yoma 10a) – if the prison is owned by Jews, there remains a question, but if it not owned by Jews, and especially if a prisoner can be moved from one cell to another without prior notice, the cell does not require a mezuzah.
