Issue Number 12 --- 28 Kislev, 5755
Compiled and Published by Kollel Menachem - Lubavitch (Melbourne, Australia) in the zechus of the Lubavitcher Rebbe, o.b.m.
The following is the order of considerations in this issue:
The Gemora [1] states that a mezuzoh which is which is suspended from a peg in the door-post, or from the lintel, is "not a mitzvah".
The Rambam [2] explains that it is not acceptable because it is not securely affixed. He writes that the mezuzoh, after being rolled up and placed in a tube, should be attached to the door-post with nails or inserted into a groove hollowed out in the door-post. This ruling, which is ostensibly the ruling also of the Tur and the Shulchan Aruch [3], is qualified by the Da'as Kedoshim [4]: the mezuzoh must be affixed so securely that it can be removed only with an instrument or with great force.
There are, however, two authorities who explain that the ruling of the Shulchan Aruch is the optimal case (mitzvah min hamuvchar). Even if the mezuzoh is not firmly affixed, it may still be valid. The first of these, the Darchei No'am [5] explains that the hanging mezuzoh, described in the Gemora, is invalid in that it hangs in the air space of the door and not on the door-post. Were it hanging on the door-post it would be valid, as long as it cannot fall.
The second, the Bach [6], explains that it is invalid since it moves but agrees that it need not be solidly affixed to the door-post so long as there is certainty that it will not move. Using nails is only an extra precaution to remove all possibility of the mezuzoh eventually falling. The Maharsham, however, rules that since mezuzoh is a biblical obligation one must follow the stricter opinion.
The Shach [7] rules that a mezuzoh affixed temporarily need not be attached securely. This is based on the Talmud Yerushalmi [8] which distinguishes between a "permanent" mezuzoh which must be affixed with nails, and a "temporary" one which need not.
On the other hand the She'ilas Dovid [9] interprets the Yerushalmi that it's a temporary mezuzoh which needs nails, not a permanent one.
The Aruch HaShulchan [10] explains the Yerushalmi differently altogether. If the resident is occupying the dwelling temporarily, nails are not needed as there is no real obligation upon him to put up a mezuzoh. If there is a real obligation to affix a mezuzoh then there is no difference if the mezuzoh is placed temporarily or not.
The Aruch HaShulchan [11] writes that a mezuzoh wrapped in paper and glued to the door-post is as valid as one attached by nails. He bases this on the halacha in the Rambam [12] that the mezuzoh can be nailed-in or inserted in a groove, i.e. nails are not the only way to attach the mezuzoh securely to the door-post.
The Chelkas Ya'acov [13] rules similarly, based on the Nimukei Yosef [14] which states that a mezuzoh can be attached with lime.
The Minchas Yitzchok [15] and others write that if the glue is long-lasting and will not dry up and weaken then it may be used.
The Yeshuos Moshe [16] rules that preferably nails should be used as stated in the door-post, or where the owner will not allow nails, one may use long lasting glue. With regard to sticky tape, the Pischei Sha'arim [17] suggests that since the tape will eventually become unstuck and the mezuzoh will fall, it is invalid even now, unless very strong tape is used.
According to most opinions only glue or sticky tape, which is very strong and long lasting, may be used instead of nails. According to some opinions, one should nevertheless will receive nails but the owner objects.
[1] Menachos 32b
[2] Hilchos Mezuzoh Ch 6:8
[3] Yoreh Deah 289:4
[4] Hilchos Mezuzoh 289:16
[5] Yoreh Deah Ch 16
[6] Yoreh Deah 289
[7] Yoreh Deah 289:7
[8] Megilah Ch 4:12
[9] Yoreh Deah 9
[10] 289:16
[11] ibid
[12] loc. cit.
[13] Yoreh Deah Ch 164
[14] Baba Metzia 101b
[15] Vol 7 Ch 72:3
[16] Vol 3:88
[17] Hilchos Mezuzoh 88
The above is not intended to decide halachic questions, but rather to clarify them in a clear and concise form. Please refer all your practical questions to your local Rabbi.
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