Moving Mezuzahs

Judah and Rachel Fine had lived in the city for almost twelve years. The old-style, two-bedroom apartment seemed quite spacious when they first married. Only when their third child was born did Mr. Fine joke, “Two’s company; three’s a crowd.”

Nonetheless, the convenience of nearby work, wonderful neighbors, and the pressures of busy schedules kept the Fines in their apartment even after their fourth child was born. When number five came along and the oldest child had to be moved into the living room, Mrs. Fine finally declared, “It’s time to look for a house!”

After many months of house-hunting, the Fines found a home suitable for their expanding family. It was not fancy and it needed some repairs, but it had three floors and a finished basement. It took another month of intensive bargaining until they negotiated a price they could handle. “Every thousand saved is another month’s food,” was Judah’s motto.

Finally, the deal was closed and a date was set for the move. A week beforehand, Judah met for the final time with Saul Eisner, the owner. “Enjoy the space,” Saul said. “You’ll be able to give each kid his own room!”

“We don’t plan to do that,” said Judah. “But we’ll find good use for each room.”

“By the way, you’re going to need a lot of new mezuzahs,” Saul reminded him. “All together there are twenty doorways and arches in this house.”

The figure of $2,000 immediately flashed through Judah’s mind. “I assumed you would leave the mezuzahs with the house,” he said to Saul.

“Are you kidding?” said Mr. Eisner. “We replaced all the mezuzahs two years ago, and bought top-quality ones from the sofer. Each one cost $150! Some also have artistic cases that we received as special gifts.”

“But I learned that when you move out and another Jew is moving in, you’re not supposed to remove the mezuzahs,” Judah told him.

“I thought that I could take the mezuzahs with me if I’m going to put them in my new house,” said Saul. “But even if you’re right, you still would have to pay for them. Add $2,500 and you can have these. I’ll get new ones for my new house.”

“I don’t see why I should have to add,” persisted Judah. “The mezuzahs go with the house. You sold me the house; the mezuzahs are included in the price.”

“Absolutely not,” said Saul. “The price was for the house, not the mezuzahs!”

“Why not?” retorted Judah. “If they stay as part of the house, they’re included in the price!”

“Look, there’s no point in arguing this,” Saul said. “Let’s ask Rabbi Dayan.”

The two came before Rabbi Dayan and asked:

“Are the mezuzahs included in the sale of the house?”

“The Gemara (B.M. 102a) teaches that a tenant who rents a house from a Jew should not remove his mezuzahs when he leaves,” replied Rabbi Dayan. “Doing so revokes the mitzvah and removes the Divine protection from the house. However, he is entitled to reimbursement for the mezuzahs (Rama Y.D. 291:2).

“When selling a house, though, BinyanZionmaintains that the owner who moves out is not entitled to additional payment for the mezuzahs. Since they are attached to the house and are supposed to be left there, they are included in the sale price of the house (Pischei Teshuva Y.D. 291:8; C.M. 214:4).

ShevetHalevi (II:129), however, refutes this position. Although the mezuzahs are attached to the house, they are not part of the construction. Furthermore, the mitzvah of mezuzah is incumbent upon the resident, and the seller is leaving them primarily for the benefit and protection of the incoming resident. Therefore, the mezuzahs are not assumed to be included in the price of the house, especially if they are high-quality.

If the incoming resident refuses to pay, most authorities maintain that the owner still should not leave the house without mezuzahs, but rather replace his expensive mezuzahs with simple, kosher ones shortly before leaving.

Even if the incoming resident will affix his own mezuzahs, it is preferable that he – not the one moving out – should remove the existing ones and give them to the owner. (Pischei Teshuva Y.D. 291:7; Yabia Omer Y.D. III:18).

“Nonetheless, if the house will be painted, as is commonly done when someone is moving in,” concluded Rabbi Dayan, “and the mezuzahs need to be removed anyway so that they will not be ruined, the owner may take them (Igros Moshe Y.D. IV:44).”

Verdict: High-quality mezuzahs are not included in the price of the house. Unless the house will be painted, the seller should not remove the mezuzahs when he leaves. Instead, the buyer should pay for them or affix his own mezuzahs and then return the old ones to the seller. Regardless, the seller can freely take the mezuzah cases.