The Torah tells us that one who owns a house is required to affix a mezuzah on all the doorposts of the house, which must be done as soon as one moves in. What about if one is only renting? The Torah mandates: “You shall affix a mezuzah on the doorposts of your house.“ Does a rented home qualify as ”your“ house or not?
The answer actually depends on where the house is located!
The Gemara in Menachos tells us that one who lives in Eretz Yisroel 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, one has until 30 days to put up the mezuzah.
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 up a mezuzah after 30 days.
One way of understanding is that a rented house is not really considered ”your“ house, and min haTorah, one is not required to affix a mezuzah at all. But once one lives there for a period of 30 days, it looks like it is his house, and 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, and after 30 days, one is required to have a mezuzah min haTorah. However, until 30 days, it is not certain that the person is there to stay and, in addition, one is not really fully settled until 30 days. Therefore, we do not consider him there permanently until he is there for 30 days. We find a precedent to this concept in other areas of halacha (in regard to taxes and certain tzeddakos), 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 there to stay.
However, in Eretz Yisroel, there are different regulations, and even a renter is required to affix a mezuzah immediately. 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 there explains that if we require one to immediately affix a mezuzah, he will think twice before packing out, since halacha 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 shmirah, 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
One 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.
RABBI NACHUM SCHEINER
