Dose of Halacha

Question: We recently bought a house though we won’t be moving in for a couple of months while we renovate and furnish it. When should we affix our mezuzos ? Answer:   The Beraisa (Maseches Mezuza 2:11) teaches that one is obligated to affix a mezuza on a new house as soon as it is completed. There is much discussion, however, as to whether this refers to owning the house, furnishing it or actually living in it (See Shevet Halevi 6:161). R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:544; 4:440) writes that one is only obligated to affix one’s mezuzos when the house is fit to be lived in. So long as the house is unfurnished, it isn’t considered to be habitable and so exempt from mezuzos . He quotes R’ Akiva Eiger (Teshuvos R’ Akiva Eiger 141:9) who questions whether one who leaves his house for a few weeks, leaving it uninhabited, should recite the beracha over one’s mezuzos upon their return. R’ Yehoshua Leib Diskin challenges this as so long as the house has remained furnish...

Question: We have just signed a year’s lease on a new flat. When should we affix our mezuzos ? Answer: The Gemara (Menachos 44a) writes that while one who rents in Eretz Yisrael must affix a mezuza immediately upon moving in, one who rents a home in chutz la’aretz isn’t obligated to affix a mezuza for the first thirty days. Thus, one renting a holiday home in chutz la’aretz for a week or two has no obligation to affix a mezuza . Following this, there is a machlokes as to whether one renting a home for over a month in chutz la’aretz should wait until the thirtieth day to affix their mezuzos or should do so immediately. R’ Moshe Feinstein ( Igros Moshe YD 1:179) quotes the Pischei Teshuvah (YD 286:17) who writes that one may say the beracha earlier while the Nachlas Zvi (YD 286:22) wonders whether it is ideal to wait until the thirtieth day. Thus, R’ Moshe writes that one should fix a mezuza straight away but not recite the beracha until the thirtieth day. R’ Yit...

Question:  We have just bought a new house and are preparing to leave our rented one. The property we are vacating will remain empty for a few weeks before the next Jewish tenants move in. May we remove our mezuzos in the meantime? Answer: The Gemara (Bava Metzia 102a) teaches that one who rents a house from a Jewish person should not remove the mezuzos upon leaving (see Rambam, Hilchos Mezuza 5:11; Shulchan Aruch YD 291:2). Tosafos (Shabbos 22a) explains that, in addition to serving as a constant reminder of Hashem’s presence, mezuzos afford protection to the home. Nevertheless, the Tur (YD 285:2) emphasises that protection is not the primary purpose of this mitzva , and one should not affix mezuzos with this motive in mind (see Aruch Hashulchan YD 285:3). The Rema (YD 291:2) rules that a departing tenant may request payment from the incoming tenant or new owner for the mezuzos . R’ Ovadia Yosef (Yabia Omer YD 3:18) writes that even if it is known that the new tenants inte...

Question: Can we crack open nuts and remove peas from pods on Shabbos? Answer: The Gemara (Beitza 13b) writes that one mustn’t roll grain between one’s fingers to remove its chaff on Shabbos. Such extraction, mefarek , is a tolda of the melacha of dosh , threshing. The Shulchan Aruch (OC 319:6), writes, therefore, that if one wants to eat the grain, one would have to remove the chaff with a shinui such as using one’s fingertips. The Magen Avraham (OC 319:8) and Mishna Berura (319:21) add that this prohibition only applies when the pod or shell is inedible. There is a machlokes , however, as to what exactly mefarek applies to. According to the Taz (OC 319:4), it only applies when the food is attached to its outside shell such as peas in a pod while the Maharil (quoted in Elya Rabba 319:11) and Pri Megadim (Eshel Avraham, Introduction to 320) write that it applies specifically to loose food, unattached to its shell like peanuts. Following this, R’ Shmuel Wosner (Shevet Halevi 1:81)...