Question: Must a tenant who signs a one-year lease in America affix a mezuzah immediately upon renting his house or apartment?
Short Answer: Many poskim hold that the mezuzos should be affixed immediately, but the brachah should only be recited after 30 days when the tenant removes and re-affixes the mezuzos.
Explanation:
I. The Source
The Gemara (M’nachos 44a) states that a person who borrows a cloak (with four corners) does not need to attach tzitzis until 30 days have passed. Similarly, the Gemara states that one who rents a hotel room in Eretz Yisrael or an apartment/house in chutz la’aretz need not affix mezuzos until 30 days have passed.
However, the Gemara explains that one who rents an apartment/house in Eretz Yisrael needs to affix mezuzos immediately upon starting the rental because of “yishuv Eretz Yisrael.” This means, according to Rashi, that immediately affixing mezuzos ensures that Eretz Yisrael is settled, as one will not be quick to move away knowing that he must leave his mezuzos behind. Alternatively, if he does move, the landlord will easily find a new tenant, as the house is already adorned with mezuzos, an incentive to new tenants.
This Gemara is codified in the Shulchan Aruch (Yoreh Dei’ah 286:22).
II. Reason for Exemption
Why is the tenant exempt from affixing mezuzos for the first 30 days in chutz la’aretz?
A few reasons are provided. First, Rashi (ibid) suggests that there is a concern that the tenant will renege on the rental and break the lease. Second, Tosafos (ibid) suggests a slightly different reason: Up until 30 days, we do not consider the rental to be the house of the tenant. This is similar to the halachah that a person is not responsible for taxes of a city until he lives there for 30 days. Third, the Mordechai (Avodah Zarah 810, cited in Maadanei Asher, Mezuzah, siman 21) suggests that a person is not settled in his house for 30 days.
The Yad HaK’tanah (Rav Dov Beirish Gottlieb of Shineva, d. 1794) (Vol. 3, end of Mezuzah 2, n. 25) suggests an important ramification between the opinions of Rashi and Tosafos. According to Rashi, if the tenant is barred from breaking the lease agreement, he must put up the mezuzos immediately. According to Tosafos, however, there is no such distinction – either way, the tenant is not considered as being the dweller for 30 days.
The Maadanei Asher (ibid) cites the Parshah Sedurah and the Tosefes Re’eim who disagree with the Yad HaK’tanah. Even Rashi holds that the tenant has 30 days to affix mezuzos where he cannot break the lease agreement, as there are always ways to break a contract such as by negotiating with the landlord or subletting.
III. Long-Term Rentals
What about if the tenant rents the apartment for one year? Is he still given 30 days to affix mezuzos?
The Chida (Yosef Ometz, siman 30) discusses this question at length. He cites the Nimukei Yosef who held that the exemption only applies for rentals of less than 30 days. Similarly, the Meiri rules that a tenant who rents an apartment for more than 30 days is obligated in mezuzah immediately. Indeed, the Chida is clear that if a tenant rents an apartment for one year, and the lease cannot be broken, the tenant is obligated in mezuzah immediately, especially if he moves his items into the apartment or makes improvements to the apartment. According to Rashi’s reason, he cannot break the lease. According to Tosafos’ reason, since he has committed to a yearlong rental, he becomes part of the city immediately. According to Mordechai’s reason, since the tenant has committed to a year plus brought in his objects, he is considered “settled” immediately. However, the Chida holds that ideally no brachah should be made until 30 days have passed.
The Chida’s ruling is codified in the Aruch HaShulchan (Yoreh Dei’ah 286:49) who states that a tenant who rents an apartment for more than 30 days must immediately affix mezuzos. He cites the Shach (28) as proof, as the Shach explains the exemption based on the fact that less than 30 days is not the tenant’s “dwelling,” like Tosafos. This implies that a tenancy that is to be more than 30 days is automatically the tenant’s dwelling immediately. The Aruch HaShulchan adds that this ruling is regardless of whether mezuzah in a rental is d’Oraisa or d’Rabbanan.
Similarly, the Sheivet HaLevi (6:160) holds that the tenant is obligated to affix mezuzos immediately if the lease agreement is longer than 30 days. The Sheivet HaLevi relies on the Chida, especially nowadays where the tenancy would clearly be understood by a court as a 30-day tenancy. However, the brachah should not be made until 30 days, when you would take down and reaffix the mezuzos.
IV. No Need To Rush
Others hold that there is no obligation for the tenant to affix mezuzos immediately, even if the tenancy is more than 30 days. Specifically, Tosafos (ibid) cites a second reason for the 30 days. Since the entire obligation to place mezuzos on a rental is only d’Rabbanan, the rental only “appears” (i.e., to others) to be the tenant’s dwelling after 30 days. Accordingly, even if the tenant signs a yearlong lease agreement, the mezuzos obligation only applies starting from day 30.
This is the opinion of some Acharonim cited in Maadanei Asher and K’vius Mezuzah K’Hilchasah (p. 66), including Toras Mordechai and Tzur Yaakov. Indeed, the fact that the Gemara and the Shulchan Aruch do not make any distinction regarding the length of the rental implies that there is no halachic difference; a renter always has 30 days to put up his mezuzos.
V. Final Word
The conclusion of many Acharonim is for a tenant to affix the mezuzos immediately, but only make the brachah on them after 30 days (after you remove and re-affix them). For example, the Igros Moshe (Yoreh Dei’ah 1:179) holds this way, as well as the Minchas Yitzchak (10:92).
Notably, the sefer K’vius Mezuzah K’Hilchasah clarifies that the 30-day counting includes days where the tenant happens to sleep elsewhere, such as going to in-laws for Shabbos. In other words, even according to those poskim who do not obligate mezuzos until 30 days have passed, these Shabbasos that the tenant is away are included in the counting of the 30 days. Since the tenant left all his possessions in the house, it is still his dwelling.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
