Mezuzah on Store or office-Is a storefront or office obligated to have a Mezuzah and is a blessing to be recited?

Mezuzah on Store or office-Is a storefront or office obligated to have a Mezuzah and is a blessing to be recited?[1]

Stores that are found in the marketplace are exempt from requiring a Mezuzah to be placed on their doorpost.[2]

Temporary stores-Pop up shops, flee market, fare:[3] According to all opinions, the above exemption applies to a temporary pop-up shop that is erected for only a certain amount of time during the year, such as during the flea market or fare season, and is then taken down after it is over. Such stores are exempt from requiring a mezuzah when they are erected during their season.

Permanent stores: Furthermore, some Poskim[4] rule that even a permanent store which is only occupied during the day and not occupied during the nighttime [or is occupied during the night but not for the majority of the 24 hours of the day[5]] is exempt from having a mezuzah. However other Poskim[6] rule that only temporary store booths, such as the booths of a fair, are exempt from having a Mezuzah, however permanent stores are obligated in a Mezuzah even if they are only occupied during the daytime and left empty at night.[7] This applies even if one does not leave any merchandise in the store and removes all of its content daily.[8] [Practically, one is to take both opinions into account and hence place the Mezuzah onto the doorway of a permanent store as requires the second opinion, but without a blessing due to the first opinion.[9]]

Store inside a house:[10] A store that is inside one’s house and has an opening to the public is obligated to have a Mezuzah placed on its doorway [with a blessing].

 Summary:

A store is to have a Mezuzah placed on its doorposts, but without a blessing. However, pop-up stores and all other temporary stores, are exempt from Mezuzah.

 

Q&A

If one sleeps at night in his store, is a mezuzah to be placed with a blessing?[11]

Yes.

 

Is a permanent store which is only occupied by the seller on occasion during the year obligated to have a mezuzah?[12]

No. For this seller, it is similar to a pop-up shop which according to all opinions is exempt from having a mezuzah.

Who is obligated to place the mezuzah by the doors of the store, the owner or the worker?[13]

Only the Jewish owner is obligated to place the mezuzah on the doors of his store, and not any of the Jewish workers. Thus, if for whatever reason the Jewish owner did not place mezuzahs on its doors, the workers have no obligation to do so. Nonetheless, it is a mitzvah for them to do so in order to exempt the owner from his obligation.

 

Is an office obligated to have a Mezuzah?[14]

An office shares the same status as a store and is hence to have a Mezuzah placed without a blessing. The mezuzah is to be placed by the owner [or renter] of the office.

Is the entrance of an office building obligated to have a Mezuzah?[15]

An office building which contains Jewish offices is to have a Mezuzah placed, without a blessing, on all the doors leading to the office. If however there is fear that doing so will cause enmity with the gentiles, or will lead to the stealing of the Mezuzah’s, then it is completely exempt.  

 

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[1] 286:11

[2] Michaber 286:11 “Stores that are found in the marketplace are exempt”; Tur 286; Rambam Mezuzah 6:9;  Chachamim in Braiysa Yuma 10a, unlike the opinion of Rebbe Yehuda, regarding a Sukkah

The reason: As the verse [Devarim 6:9 and 11:20] states that “your home” is obligated in having a mezuzah, which implies that only a permanent home is required to have a mezuzah placed on its doorpost and not a temporary dwelling. [Beis Yosef ibid; Bach 286 in name of Rambam Mezuzah 6:9; Perisha 286:22; Beir Hagoleh ibid;] Now, a store is considered a temporary dwelling place [and is hence exempt from having a mezuzah due to the above reason]. [Shach 286:21; Rambam ibid] Alternatively, a store is not considered a dwelling place at all [Taz 286:10; Bach 286] as it is made simply for business purposes to bring one’s products there in order to sell it. [Bach 286] Furthermore, even if a Jew sits in the store every single day, nonetheless, since they are only used during the daytime and during nighttime people are not there, therefore they are considered a place of temporary dwelling [which is exempt from having a mezuzah due to the above reason]. Thus, stores are not similar to storage areas which are equally used by day and night, and are hence obligated to have a Mezuzah. [Taz 286:10 in his personal opinion] Furthermore, even if the owner stays in the store at night during the winter months, since he does not spend majority of the 24 hours of the day within the store, it is therefore exempt from needing a mezuzah. [See Daas Kedoshim 286:17 in the opinion of the Taz ibid]

[3] Taz 286:10; Yad Haketana on Rambam Mezuzah 2:21, brought in Pischeiy Teshuvah 286:10

[4] Taz 286:10

The reason: Some Poskim rule that seemingly permanent stores [that are not pop up shops] are obligated to have a mezuzah even if it is only occupied during the day and not at night. [Perisha 246:22; Hagahos Rebbe Akiva Eiger 286:11; Yad Haketana on Rambam Mezuzah 2:21, brought in Pischeiy Teshuvah 286:10] The reason for this is because it is no different than a storage room which is obligated in a mezuzah being that it is used to store items by both day and night, and also stores contain items and merchandise that are held there for storage. Furthermore, even if the merchandise is removed from the store each night and the store is left completely empty each evening, nonetheless it should be held liable to have a mezuzah being that one sits there throughout the day similar to a Beis Hamidrash.

[5] Daas Kedoshim 286:17 in the opinion of the Taz ibid

[6] Perisha 246:22, brought in Hagahos Rebbe Akiva Eiger 286:11 [Concludes with Tzaruch Iyun]; Yad Haketana on Rambam Mezuzah 2:21, brought in Pischeiy Teshuvah 286:10; Avnei Nezer 384; Kitzur SHU”A 11:14; Rav Poalim 2:36; Aruch Hashulchan 286:26; Nesiv Hachaim 236:8; Mezuzos Beisecha 286:49

[7] The reason: Some Poskim rule that seemingly permanent stores [that are not pop up shops] are obligated to have a mezuzah even if it is only occupied during the day and not at night. [Perisha 246:22; Hagahos Rebbe Akiva Eiger 286:11; Yad Haketana on Rambam Mezuzah 2:21, brought in Pischeiy Teshuvah 286:10] The reason for this is because it is no different than a storage room which is obligated in a mezuzah being that it is used to store items by both day and night, and also stores contain items and merchandise that are held there for storage. Furthermore, even if the merchandise is removed from the store each night and the store is left completely empty each evening, nonetheless it should be held liable to have a mezuzah being that one sits there throughout the day similar to a Beis Hamidrash.

[8] Yad Haketana Ibid

[9]  Misgeres Hashulchan; Birchas Habayis 59; Ben Ish Chaiy 22; Chelek Halevi 116; Chovas Hadar 3:24; Kuntrus Hayachieili 3:56-59

[10] Taz 286:10

[11] Mishmeres Shalom 286:12; Pischeiy Mezuzah [Chazan] 286:73

[12] Yad Haketana ibid, brought in Pischeiy Mezuzah [Chazan] 286:73

[13] Minchas Yitzchak 2:83; Pischeiy Mezuzah [Chazan] 286:73

[14] Aruch Hashulchan 286:25; Minchas Yitzchak 2:83; Chovas Hadar 3:8 and 24;  Pischeiy Mezuzah [Chazan] 286:73

[15] Pischeiy Shearim 286:106

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