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Tuesday, December 9, 2014

does this kitchen need a mezuza?


9 comments:

  1. There is also room to be machmir in this case, see Kitzur Shulchan Aruch 11:11; Mezuzos Melachim (Halacha Lemoshe 109).

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  2. Appears that there is no mashkof, however some Poskim consider a ceiling in place of as a mashkof, see the sources I cited.

    The Chazon Ish (Yoreh Deah 172:3) argues that a ceiling is not judged as a mashkof.
    The Mikdash Me'at 287:5 has a doubt in this case.

    But as I mentioned, "there is room to be machmir in this case..."

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  3. Halachah lemaaseh a mezuzah is not required if there is no lintel and this is the opinion of the vast majority. Yes one may be machmir. (See Minchas Yitzchak chelek 10 siman 91.) However, the prevailing minhag is not to be choshesh.
    Take into account additional factors such as the room appears to be less than 4x4 according to anyone and even b'revach, there are wall endings (Rosh, Tur, etc.) instead of the classic mezuzahs and there is no door (Rambam) I'd think that there's be no reason to be machmir.

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  6. As you and I both agree, one may be machmir in this case.

    In regards to 'Halacha Lmaseh': I believe it is difficult to make a blanket statement as to the halacha lemaseh in this case. Keep in mind that the members of this forum come from various background of all circles.
    I would advise that being that there is machmirim in this case that halacha lemaseh one should ask one's Rav.

    Many Poskim advise to be stringent when possible unless there is a great burden involved as I will explain
    See Sdei Chemed (Mareches Samech 43) which elaborates on this concept, and quotes some opinions that hold that we only use sfek sfeika to be lenient permitting a doubtful situation of forbidden things, but not to exempt from the performance of a mitzvah. The Mikdash Me’at 286:57 also concludes that even in a Sfek Sfeika of a Torah obligation and an additional doubt of a Rabbinical obligation by mezuzah, one should still affix a mezuzah …” since that it is possible to affix a mezuzah, one should not be lenient out of doubts”.

    Mateh Aharon (vol. 2: Ma’areches Samech 98) - when it comes to fulfilling a positive mitzvah one should do so even if there are 100 combinded doubts. See also the Mutzal Mi’aish (13) which it seems his opinion that even a safek sfeika of a Rabbinical mitzah one should be stringent.
    See Yabia Omer vol. 4 (Yoreh Deah 23:7) which quotes these opinions and other differing opinions on this matter.
    Keep in mind that the Kitzur Shulchan Aruch and Mezuzos Melachim regard a ceiling as a lintel, are sound Poskim which one should consider their views.

    I will conclude as I wrote originally - many Poskim say it is exempt, however there is room to be stringent to affix a mezuzah in this case (despite all the points you brought up). Halacha Lemasah one should ask their Rav.

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  7. This is different from performing a Mitzva Mi-Safek: According to the majority, you are consigning a Mezuza - and its Shaimos - to a useless existence.

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