Sunday, 10 September 2023

Emergency Exit

Question: Our landlord has extended our flat and has installed an emergency fire exit. As we hope to never use this door, do we need to affix a mezuza?

Answer: The Gemara (Menachos 33a) suggests that R’ Yehuda Hanassi used to enter the beis hamedrash through a door that had no mezuza because it was never used by anybody else (see Tur YD 286:18). Nonetheless, the Gemara (ibid. 34a) concludes that one must affix a mezuza even on a doorway that is rarely used.

The Shulchan Aruch (YD 286:17) writes that one must affix a mezuza to each door that is designed for regular use. If some doors are no longer used due to fewer inhabitants, one must not remove the mezuzos.

The Rema (YD 286:18) adds that this only applies to a door that is used for both coming and going. A small door that is only used for passing food through would not require a mezuza (see Kitzur Shulchan Aruch 11:1).  

R’ Avraham Dovid Wahrman (Mikdash Me’at 286:48) stresses that this only applies to a doorway that was designed from the outset to only be used in this manner. Once a doorway was used normally, it does not become exempt from a mezuza even if it is no longer used.

R’ Sholom Mordechai Schwadron (Maharsham 2:265) writes that if one has a door that one cannot use, one is exempt from affixing a mezuza to it. Thus, if one has a roof without a maakeh, one does not need to affix a mezuza to the access door.

R’ Shlomo Zalman Auerbach (Minchas Shlomo 2:100:5) writes that an emergency exit that can only be opened from the inside does not require a mezuza.

In conclusion, an emergency exit that is not used for non-emergencies does not require a mezuza.

Sunday, 3 September 2023

Blocked Doorway

Question: We have recently redecorated our dining room and have moved the bookcase so that it blocks one of the doors. As this doorway can no longer be used, can we remove the mezuza?

Answer: The Gemara (Shabbos 146b; Bava Basra 13a) teaches that the space in the immediate vicinity outside an entranceway belongs to that house even if the doorway has been sealed. Only if the doorposts were destroyed, does it lose its status as an entrance (see Shulchan Aruch CM 172:7). Thus, R’ Avraham Dovid Wahrman (Daas Kedoshim 286:25) writes that a doorway that was sealed for the winter does not require a mezuza.

Following this, the Aruch Hashulchan (YD 286:38) and R’ Shraga Feivish Schneebalg (Shraga Hameir 2:76; 3:23:3) write that blocking a doorway with heavy furniture does not invalidate the doorway, and it still requires a mezuza.

R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:540) argues that there is a difference between heavy, immovable furniture which should render the doorway unusable, as opposed to lighter furniture that one may move to clean behind which would not invalidate the doorway from a mezuza. Nonetheless, he advises that one should not remove the mezuza in deference to the view of the Aruch Hashulchan.

Nonetheless, R’ Moshe Feinstein (Igros Moshe YD 1:177) disagrees, arguing that the Gemara and rishonim do not address the case of a blocked door with regards to mezuza and the scenarios in the Gemara are incomparable. The Gemara is addressing a house that is blocked off. In our scenario, one door is blocked off while another is used instead. By blocking off this door, one demonstrates that one does not want to use it, akin to destroying the doorposts.

In conclusion, if one blocks a doorway with a small bookcase, one must leave the mezuza attached. However, if one fits a large bookcase and attaches it to the wall, one may remove the mezuza.