Who is obligated to place the Mezuzah in a rental home

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Renting a home-Who is obligated to place the Mezuzah?[1]

One who rents a home from his friend, the renter is the one who is obligated to place the Mezuzahs by the doors, and to mend the area for the Mezuzah to be placed.[2]

One rented the home on condition that it contain Mezuzos:[3] Even if one rented the home on assumption [Chazaka, or even on condition[4]] that it has Mezuzahs on its doors, and later discovered that it does not have Mezuzos, nevertheless the contract remains valid.

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[1] Michaber Y.D. 291:2; C.M. 314:2; Bava Metzia 101b

[2] This means that if the doorpost is made of stone and requires drilling then he must do so and not the landlord. [See Rashi ibid]

[3] Rama 291:2; Beis Yosef in name of Rabbeinu Menucha; See Admur 437:7

If one rented the home on condition it does not have Mezuzos and discovered that it has Mezuzos: See Birkeiy Yosef 291, brought in Shaareiy Teshuvah 391:5

[4] See Admur ibid for a dispute in this matter and that the landlord may say he follows the lenient opinion

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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