Is a room or home to have a Mezuzah if both a Jew and gentile live there [i.e. gentile roommate or housemate]?[1]
In general, a home of partners is obligated to have a Mezuzah. Thus, even if a home is occupied [owner/rented] by many people who share joint ownership or rent, it is obligated to have a Mezuzah on its doorposts.[2] However, this only applies if all of the tenants are Jewish. However, if one of the tenants is a non-Jew, then it is exempt from having a Mezuzah.[3] Thus, if one of the occupants of a home or room is a non-Jew, such as a home or room that is jointly owned or rented by a Jew and non-Jew, it is exempt from having a Mezuzah. [Some Poskim[4], however, conclude that one is to place a Mezuzah without a blessing, and so should practically be followed especially if the owner of the home is Jewish and it is simply rented to a Jew and gentile tenants.[5] The above exemption only applies if the gentile actually lives in the home. If, however, the Gentile does not live in the home, then it is obligated in a Mezuzah while the Jew is living there, even if the gentile is one of the owners of the home.[6]]
In general, a home of partners is obligated to have a Mezuzah. Thus, even if a home is occupied [owner/rented] by many people who share joint ownership or rent, it is obligated to have a Mezuzah on its doorposts.[2] However, this only applies if all of the tenants are Jewish. However, if one of the tenants is a non-Jew, then it is exempt from having a Mezuzah.[3] Thus, if one of the occupants of a home or room is a non-Jew, such as a home or room that is jointly owned or rented by a Jew and non-Jew, it is exempt from having a Mezuzah. [Some Poskim[4], however, conclude that one is to place a Mezuzah without a blessing, and so should practically be followed especially if the owner of the home is Jewish and it is simply rented to a Jew and gentile tenants.[5] The above exemption only applies if the gentile actually lives in the home. If, however, the Gentile does not live in the home, then it is obligated in a Mezuzah while the Jew is living there, even if the gentile is one of the owners of the home.[6]]
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Q&A
Does the gentile maid’s room in one’s home require a Mezuzah?[7] |
[1] 286:1
[2] Michaber ibid; Yuma 11a; Chulin 135b
[3] Rama ibid; Mordechi Avoda Zara Remez 810; Hagahos Mordehcai Chulin Remez 741; Aguda Yuma 1; Kitzur SHU”A 11:19
The reason: The reason for this is because 1) Part of it is owned by a non-Jew and is thus exempt from having a Mezuzah. 2) It may be dangerous, as the Non-Jew may suspect that the Jew is doing witchcraft on him. [Shach 286:6] 3) We learn that partners are also obligated in Mezuzah from the words “To increase your days” which is not applicable to non-Jews being that they do not fulfill the Torah, and thus are not deserving of long days. [Taz 286:2; Levush 286:1] The Shach ibid negates this latter reason.
Other Poskim: Some Poskim rule that the room is obligated in a Mezuzah even if it is jointly owned by a Jew and gentile. [Rashba Chulin 136a, brought in Biur Hagra ibid; Beis Yosef 286 in Bedek Habayis that we rule like Rashba; Rashal in Yam Shel Shlomo Chulin 135b in explanation of Rashba ibid; See Pischeiy Shearim 286:39; Pischeiy Mezuzos [Chazan] 286:16 that so is ruling of Michaber ibid unlike Rama and Mordechai]
The reason: The reason for this is because 1) Part of it is owned by a non-Jew and is thus exempt from having a Mezuzah. 2) It may be dangerous, as the Non-Jew may suspect that the Jew is doing witchcraft on him. [Shach 286:6] 3) We learn that partners are also obligated in Mezuzah from the words “To increase your days” which is not applicable to non-Jews being that they do not fulfill the Torah, and thus are not deserving of long days. [Taz 286:2; Levush 286:1] The Shach ibid negates this latter reason.
Other Poskim: Some Poskim rule that the room is obligated in a Mezuzah even if it is jointly owned by a Jew and gentile. [Rashba Chulin 136a, brought in Biur Hagra ibid; Beis Yosef 286 in Bedek Habayis that we rule like Rashba; Rashal in Yam Shel Shlomo Chulin 135b in explanation of Rashba ibid; See Pischeiy Shearim 286:39; Pischeiy Mezuzos [Chazan] 286:16 that so is ruling of Michaber ibid unlike Rama and Mordechai]
[4] See Aruch Hashulchan 286:2; Pischeiy Shearim ibid; Shulchan Melachim on Kitzur ibid in name of Chida
[5] See Daas Kedoshim 286:5; Rav Akiva Eiger Kama 66; Chovas Hadar 2:2-10; Kuntrus Hamezuzah 286:44; Pischeiy Mezuzos [Chazan] 286:17
[6] Shulchan Melachim 11:165 in name of Mikdash Me’at 286:7
[7] Aruch Hashulchan 286:3
[8] The reason: As the room is considered as part of the Jewish owners property which is used on his behalf, to house his maid, and is not similar to a room rented to a gentile, of which the room legally belongs to the gentile. This is similar to the obligation of placing a Mezuzah on the door of the children’s rooms in one’s house, even though the children are below the age of Mitzvos. [Aruch Hashulchan ibid]
[9] Misgeres Hashulchan on Kitzur SHU”A 15; Pischeiy Mezuzos [Chazan] 286:15;
[10] Shvus Yaakov 3:89
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