Question: A non-Jewish work colleague asked me if I could buy a mezuza for her as she believes it is a good luck charm. I explained to her that we are not supposed to. Can I give her one that is passul instead?
Answer: The Gemara Yerushalmi (Peah 1:1) teaches
that R’ Yehuda Hanasi gave Artaban a mezuza in return for a precious
stone. Nonetheless, the poskim write that this does not mean that we can
just give mezuzos away to anyone.
The Rema (Darkei
Moshe YD 291:2) relates that a particular ruler once promised to act favourably
towards his Jewish subjects providing that they gave him a mezuza. If
they did not, he promised there would be reprisals. The Maharil ruled that they
must not send it. R’ Yaakov Emden (She’elas Yaavetz 2:121) challenges
the Maharil from this Gemara Yerushalmi, writing that one may certainly give a mezuza
to a non-Jewish person who has promised to protect it.
However, the Rema (ibid; YD 291:2) writes that one should
avoid giving a mezuza to a non-Jewish person unless it will potentially
cause animosity (eivah). R’ Yissachar Ber Eilenberg (Beer Sheva 36) agrees with the Rema
and suggests, among other reasons, that R’ Yehuda Hanasi gave Artaban a mezuza
as it is only prohibited to give a mezuza to an idolater. Nonetheless,
the Ben Ish Chai (Rav Pealim YD 4:25) notes
that the Beer Sheva only suggests this as a possibility, though is not lenient
in this regard. R’ Mordechai Yaakov Breisch (Chelkas Yakov
YD:158) quotes the Pnei Moshe who suggests that Artevan may have been Jewish
himself.
R’ Moshe
Feinstein (Igros Moshe YD 1:184) writes that even when we are assured that the
non-Jewish person will safeguard the mezuza, we are concerned what may
happen if they pass away, and their heirs choose to discard it. He adds that it is not right to give them a passul
mezuza, as that is a prohibition of geneivas daas, misleading others
(See ibid. YD 2:141:3).
In conclusion, one should
not give a mezuza to a non-Jewish person under normal
circumstances, whether it is kosher or not.
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