House Without a Mezuza

Question: I have been invited to stay overnight with relatives who are not religious and who do not have mezuzos affixed to their home. May I stay there overnight?

Answer: The Sefer Hachinuch (423) writes that one who is obligated in mezuza and does not affix one transgresses a mitzva. The mitzva remains in force for as long as one lives in the house (see Minchas Chinuch).

The Pri Megadim (Eshel Avraham OC 38:15), followed by the Pischei Teshuva (YD 285:1) and Aruch Hashulchan (YD 285:5), maintains that although one must affix a mezuza immediately upon discovering its absence, where this is temporarily impossible and no alternative dwelling is available, one may remain in the house. According to this approach, the issur relates to failing to affix a mezuza, not to the act of dwelling itself.

However, the Avnei Nezer (YD 381), citing Sefer Haeshkol, rejects this premise. He argues that a mezuza must be affixed immediately upon completion of the house, prior to residence, and that the mezuza serves as a matir, a prerequisite that permits dwelling. On this view, living in a house without a mezuza is inherently assur, even temporarily. This position is reflected in the Sedei Chemed (Mem 115) and is cited by the Tzitz Eliezer (13:53) in the context of whether replacing a mezuza on Shabbos constitutes tikkun, since doing so permits residence.

The Toldos Adam (16) relates that R’ Zalman of Vilna once refused to enter an inn on Erev Shabbos after noticing that the mezuza was improperly affixed. R’ Chaim Falaji (Ruach Chaim YD 289:2), however, questions this account, arguing that a guest bears no obligation of mezuza and should therefore not be prohibited from staying overnight.

R’ Ovadia Yosef (Yabia Omer YD 2:21:5) rules that although one should ideally avoid staying overnight in a house that is obligated in mezuza but lacks one, a short stay of one or two nights is permitted. Such a stay has the status of she’eila, borrowing a home, and does not obligate the guest in mezuza, since the obligation remains on the house itself rather than on the visitor (see Teshuvos Vehanhagos 6:212).

In conclusion, one should ideally avoid staying overnight in a house that is obligated in mezuza but lacks one. However, a brief stay of one or two nights as a guest is allowed and does not create an obligation to affix a mezuza.

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