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Monday, April 29, 2013

Landlord putting up Mezuzah with bracha

This shailo has come to the Beis Horah many times by R' Shammai Gross and haven't been able to find anyone yet that speaks about it (although perhaps the psak is obvious?)

It says in Shulchan Aruch that if someone rents a dira the chiyuv of putting Mezuzos on the dira is on them. Many times here in Eretz Yisrael (as I'm sure in other places) it's become the custom that the Landlord puts the mezuzos on the dira. Especially in a case when it's a dira being rented as "fully furnished" apartment. While there might be some discussion in this I know R' Shammai holds this to be the "minhag" that such a dira also comes with mezuzos. However in a situation when this is the first tenant the dira is being rented to and it doesn't yet have mezuzos up and the bal dira wants to put up before the tenant comes in can he make a bracha? If the tenant had already made some sort of kinyan and made him a shliach to put them up I would say for sure then he could make a bracha. However if he didn't make him a shliach can the landlord still put up with a bracha?

4 comments:

  1. No, he can not make a bracha because he is patur, it is chovas hador, and he doesn't live there.
    {I think} in Shut Tzur Yaacov there is a teshuva that the baal habayis is chayov because it is his otzaros [in the case of a furnished house]. I think the hallacha is not so.

    ReplyDelete
    Replies
    1. This point we discussed. If you you find the exact location of the ShuT Tzur Yaakov please post it.

      Seemingly pashut and obvious but R' Shammai is always wondering if there is a tzad that one could make (otherwise tells them to not make.)

      Delete
  2. שו"ת צור יעקב סימן קצד
    להרב אברהם יעקב הלוי הורוויץ
    עיין שם היטב ותראה שדעתו דבעל הבית חייב במזוזה בגלל חפציו הקבועים שם
    לא עיינתי כעת, אבל כך זכור לי

    הספר נמצא להורדה ב
    hebrew books

    ReplyDelete
  3. In the US the rabanim do accept that a landlord putting mezuza on "furnished" apt. can make a bracha, providing that its furniture like table and chairs -not built in.

    ReplyDelete

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