Removing Mezuzos when Moving Home
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 intend to affix their own mezuzos, the existing ones should
remain in place until the new mezuzos have been put up. However, if one
possesses particularly valuable mezuzos and is concerned that they may
not be properly reimbursed, it is permissible to remove them for checking and
replace them temporarily with more basic ones.
R’ Moshe Feinstein (Igros Moshe YD 4:44) cites R’ Yosef
Eliyahu Henkin, who ruled that if the house is to be repainted and the mezuzos
would in any case need to be removed to prevent damage, one may take them along
and affix them in one’s new home (see Aruch Hashulchan YD 291:3).
In conclusion, when another Jewish family is due to move in, one should not remove the mezuzos upon leaving the property. However, if the house will remain vacant for a period, or if work such as repainting necessitates their removal, it is permissible to take the mezuzos, particularly if they will be needed for one’s new home.
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