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Ask The Rabbi

category:  Jewish Law

Mezuzah in a store

Rabbi, should stores and businesses be obligated to have mezuzos in times of antisemitism? Or is it enough to just to put them up at home?

Halachic authorities debate if stores, offices, and the like, require a mezuzah. And, if a blessing should be said when it is attached or not.
The Rambam and the Shulchan Aruch both rule that “stores in marketplaces” do not require a mezuzah. However, the poskim disagree regarding the definition of “stores in marketplaces.”
According to the Taz, this means stores where no one dwells at night, which makes them temporary dwellings. As a mezuzah if to be affixed specifically to a permanent dwellingץ
However According to the Yad Ketanah, this means only temporary booths, such as those used at fairs, whereas regular, permanently located stores require a mezuzah although one doesn’t dwell there at night . This is because people dwell in them all day (just as students dwell in a beit midrash), and additionally merchandise remains stored in them even at night (and “storehouses” require a mezuzah).
Furthermore, the Talmud states: “Regarding two craftsmen’s booths, one inside the other, the inner one is not considered a succah and requires a mezuzah, but the outer one is a succah and requires no mezuzah.” And, in his commentary on the above passage, Rashi explains that potters would build two booths, one within the other. The inner one required a mezuzah because they would dwell there as if in a home, while the outer one required no mezuzah because they used it only for merchandise and other crafts. From here we can learn that a room used just for craft or work does not require a mezuzah.
However, there are Achronim who disagree and require a mezuzah on an office, even if it is only used for work and not for sleeping. For example, the Aruch HaShulchan rules that a “work shop” requires a mezuzah, whereas an artisan’s “booth” doesn’t because its structure is considered temporary. Apparently, he would rule that an office requires a mezuzah for the same reason. So to according to the Yad Ketanah which we mentioned previously , permanently located stores require a mezuzah.
The Minchas Yitzchok in a responsa address a question by a Jewish worker in a Jewish owned factory where the owner did not affix a mezuzah, recommends to the worker to place a mezuzah for his as of the responsibility one Jew has for the other (arvus).
In conclusion it is a dispute amongst the poskim if the store is obligated in a mezuzah , it’s difficult to give a blanket response if offices require a mezuzah or not. And each situation needs to be analyzed separately, in light of the amount of time spent in a given office, if articles of merchandise are left there during the day and night, if you handle personal matters there which you would otherwise handle in your home, and if you also eat there. therefore, in practice one should place there a mezuzah, yet one does not say a bracha as the rule safek brachos lhakel.
In a situation where one is concerned that the mezuzah will be disgraced or defaced or stolen due to anti-Semitism the Yad Haktanah rules that one doesn’t put up mezuzas on the door fronts of the Jewish homes. However what poskim suggest is to place the mezuzah in a manner that it won’t be recognizable to passers, like cutting a hole in the doorpost and placing the mezuzah inside it and that way one will not pass over this important mitzvah,
Another option which can be done is to place the mezuzah inside the doorpost behind the door (within a tefach 8cm of the door post) which alltough not all opinions agree such a mezuzah is good in this situation one should at last affix a mezuzah in such a manner.
poskim point out that in any case where there is no real concern one is to be cautious to place a mezuzah, and especially when the door is obligated in a mezuzah midoraisah one should take extra concern not push aside the mitzvah .

Sources

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