From the Ravs Desk: Latest articles and Q&A [Thursday 9th Sivan 5785]

1. Question

Should one remove and then replace the Mezuzos of a home upon moving in, if there are Mezuzos already on the doors? Does it make a difference if the house has been empty of residents for many months?

Answer:

There is no need to do so. Nonetheless, if you live in the Diaspora in a rented home, then it is proper to take down one Mezuzah on the 30^th day and have it checked, and then replace it with a blessing having in mind all the other Mezuzos.

Explanation: A home does not become obligated in Mezuzos until one actually lives there. Accordingly, having a Mezuzah on the doors before actually moving, prior to its obligation, enters into a question of Taaseh Velo Min Hassuiy. Practically, while the Poskim debate this matter, the main ruling follows the Poskim that there is no Taaseh Velo Min Hassuiy by Mechusar Zeman and so is the widespread custom to not to be particular to remove the Mezuzos and replace them. So is proven from all the following halachas that there is no Taaseh Velo Min Hassuiy in this case [unlike some Achronim who understood otherwise]:

1. Setimas Kol Haposkim who never mention the most common scenario of moving into a home with Mezuzos, that they need to be removed and replaced.
2. Magen Avraham which allows placing the Mezuzos before moving.
3. The allowance to sell the home for Bedikas Chametz and not replace the Mezuzas
4. The allowance to place Mezuzos in Eretz Yisrael right away on a rental home, despite the fact it is only Rabbinical for first thirty days, and no one has written to remove and replace after Shloshim.
5. The allowance to place Mezuzos in a rental home in the Diaspora within 30 days and not require all the Mezuzos to be removed and replaced after thirty days.
6. The allowance to tie Tzitzis at night
7. The allowance to tie Tzitzis before wearing the garment
8. The allowance to tie Tzitzis before owning the garment
9. The allowance to build a Sukkah before Sukkos

Sources: Poskim who rule there is no Taaseh Velo Min Hassuiy: M”A 19:1 that if he puts it up before moving, he is to say a blessing of “Ladur Babayis Sheyeish Bah Mezuzah” even prior to living in the house; Birkeiy Yosef 19:2; Minchas Chinuch Mitzvah 423; Chikrei Lev 128; Beis Meir O.C. 4 based on Ran Nedarim; Daas Kedoshim 286:34; Minchas Yitzchak 9:105; Mishmeres Shalom 286:18; Keren Orah Menachos 44a; P”M O.C. 17 M”Z 1 regarding Tzitzis at night; Mishneh Halachos 7:192; Chovas Hadar 10:1 footnote 1; Pischeiy Mezuzos 186:50; Beis Mezuzah 31:7;  Poskim who rule that it transgresses Taaseh Velo Min Hassuiy: Birchas Habayis 59:2 footnote 2 concludes to remove after moving and have it checked and then replace with blessing;