Question: May a non-Jew affix your mezuzos or must it be affixed by someone who is obligated in mezuzah?
Short Answer: A Jew must affix the mezuzos in your house according to most poskim.
Explanation:
I. Like Tzitzis?
The Shalmei Todah (cited in the Journal BiN’sivos HaHalachah, Vol. 47, p. 750) cites an important machlokes about tzitzis that has relevance to mezuzah. The Gemara (Gittin 45b) states that a sefer Torah, t’filin, or mezuzah that was written by a non-Jew (or a woman, child, etc.) is not kosher, as a non-Jew (or a woman, child, etc.) is not obligated to “wrap” t’filin on himself, and “k’sivah” and “k’shirah” are juxtaposed in the pasuk.
Tosafos (ibid) cites Rabbeinu Tam who extrapolates to all mitzvos. In other words, a woman may not bind a lulav or tie tzitzis, as she is not obligated in these mitzvos. Tosafos himself disagrees, as this juxtaposition is limited to the very words it involves, namely, “k’shirah” and “k’sivah” by sefer Torah, t’filin, or mezuzah.
The Shalmei Todah suggests that whether a non-Jew may affix your mezuzos depends on this machlokes. According to Rabbeinu Tam, the non-Jew should not affix the mezuzos, as he himself is obviously not obligated in this mitzvah (or any mitzvah). According to Tosafos, a non-Jew may perhaps affix your mezuzos, as it is irrelevant whether he is obligated in this mitzvah, as affixing mezuzos has nothing to do with “k’sivah” and “k’shirah.” Since the Biur Halachah (Orach Chayim 8:1) concludes like Tosafos, and is not concerned about the opinion of Rabbeinu Tam with respect to a woman tying tzitzis, it would appear that a non-Jew may affix mezuzos.
The Shalmei Todah, however, retracts this reasoning. He notes that the S’dei Chemed cites the Chakrei Lev who distinguishes between tzitzis and mezuzah. Tosafos only permits a woman to tie tzitzis because tying is not an aspect of the mitzvah itself, but rather is only a hechsher mitzvah. Tosafos would agree that a woman (or non-Jew) would not be able to affix a mezuzah because the affixing is an aspect of the mitzvah itself, and not just a hechsher mitzvah. Thus, the Shalmei Todah concludes that a non-Jew should not affix the mezuzah.
However, he adds that it is unclear that a new brachah should be recited when you re-affix this mezuzah, previously affixed by the non-Jew. According to Rav Nissim Karelitz, a new brachah is made, while according to Rav A. L. Shteinman, no brachah is recited.
Similarly, Rav Moshe Brandsdorfer (Heichal Horaah 3:95) cites the Sheivet HaLevi who explains that since most poskim hold that the mitzvah of mezuzah is the affixing, any mezuzah affixed by a non-Jew must be reaffixed. However, since we are concerned for some poskim who hold that the mitzvah is to “be on the door,” no new brachah is recited when re-affixing.
II. Upon Jew’s Request
Does anything change if the owner told the non-Jew to affix the mezuzos? The Avnei Derech (13:172) cites many Acharonim who hold that it still needs to be reaffixed by the owner, yet noting that some Acharonim do permit the non-Jew’s affixing in this case. He cites Rav Avigdor Nebenzahl shlita, that even if we view the non-Jew as the worker of the Jew (poel k’yad baal ha’bayis), the mezuzah needs to be reaffixed. Since the non-Jew does not have the proper “kavanah” necessary for the mitzvah, it must be reaffixed.
III. Another Reason
The K’vius Mezuzah K’Hilchasah (13:8) suggests an additional reason why a non-Jew may not affix a mezuzah. If a non-Jew puts up your mezuzah, it is a problem of taaseh v’lo min he’asui, as the doorpost has a mezuzah before you are chayav in it.
This explains an interesting minhag about our shtar m’chiras chametz. A standard shtar m’chirah for chametz nowadays states that we rent the area of the chametz to the non-Jew. One of the reasons given for our practice is because we do not want to tovel the utensils again after Pesach. The Divrei Malkiel (cited in Maadanei Yom Tov, p. 411) suggests a different reason. We don’t sell the house itself – even the room with the chametz – to the non-Jew because the mezuzos will need to be affixed after Pesach. Since the non-Jew owned the house during Pesach, it is akin to taaseh v’lo min he’asui, that the mezuzos on that room were up at a time that the room was not obligated in mezuzos.
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..
