(Please include header and footer when redistributing this material.)
_________________________________________________________________
THE DAFYOMI DISCUSSION LIST
brought to you by Kollel Iyun Hadaf of Yerushalayim
Rosh Kollel Rabbi Mordecai Kornfeld
[EMAIL PROTECTED]
[REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL]
________________________________________________________________
Menachos 033: Placement of the Mezuzah (question 1)
Dr. Katz <[EMAIL PROTECTED]> asked:
This might sound funny, but after going thru Mesechet Zevachim , and now
Menachot, I find that this section dealing with Hilchos Mezuzah to be the
hardest to understand. I have three Halachik questions that maybe you can
help me with :
1 - Daf 33A-B, we conclude the Halacha like Shmuel, that the Mezuzah should
be placed in the top 1/3 of the door post. Now the Ramabam and Shulcan
Aruch, both poskin ( not the way I understood the gemarah, that the whole
top 1/3 is ideally the place for the Mezuzah ) but that we should ideally
place the Mezuzah exactly 1/3 the way down from the top of the door post,
and if you placed it higher than that it is still Kosher, as long as it is
not in the top Tefach. Acc. to Halacha everyone should take a ruler measure
the door post, mark that spot, and place the bottom part of his Mezuzah to
that point. Now I have never seen anyone do this , nor have I ever seen a
Mezuzah that low. I measured it and the 1/3 point is much lower that most
of us place our Mezuzot, most cases below the shoulder. My question is , if
our Mezuzot are in the top 1/3, which is Kosher, should we move them lower,
to exactly the 1/3 point using a ruler. To fulfill the Shulcan Aruch's
understanding of the gemarah Le'catchila. Or since there are many other
Rishonim,( ie. the Rosh, etc.) who understand the gemarah's conclusion
simply, that the whole top 1/3 is Kosher Le'chatchila, we should leave our
Mezuzot alone. In either case , you of course would not make a bracha,
when moving it ??
(The remaining questions will be answered in separate emails)
Thank You, for your help in advance,
Shmuel Katz
-----------
The Kollel replies:
I assume that you are a Kohen. I am sure that if you were serving in the
Mikdash and had to apply the laws of Zevachim and Menachos, you would find
them just as - or more - difficult!
There are a number of books which have been written in recent years
discussing the practical Halachos of Mezuzah. One outstanding Talmid
Chacham who has been studying the subject for many years, and is on the
verge of publishing a comprehensive work on the subject, is Rabbi Eliyahu
Feldman, a friend and neighbor of mine here in Har Nof. (His father is
Rabbi Aharon Feldman, Rosh Yeshiva of Ner Yisrael.) Before answering your
questions, I discussed them at length with Rabbi Eli Feldman. The answers I
am sending you are based on these very enlightening conversations. (Any
mistakes were probably introduced by myself during the transmittal of his
insights.)
(a) In answer to your first question, first the practical Halachah: In the
houses of Rav Chayim Kanievsky and Rav Nisin Karelitz, the Mezuzos are at
the beginning of the top third. However, someone once pointed out to Hagaon
Rav Elyashiv, Shlita, that his Mezuzos (like most Mezuzos) were above the
beginning of the top third of the doorway. They asked him whether they
should measure the doorway and re-attach the Mezuzos to the beginning of
the first third. His answer? "Why should I hang my Mezuzos differently from
the way everyone else hangs their Mezuzos!" (see below, (b)).
The sequel, though, is that Rav Elyashiv recently had new doors made in his
apartment, and the Mezuzos hanging there are indeed affixed to the
beginning of the top third. (I have not verified the reliability of this
part of the story, though.)
I would conclude, based on this, that once your Mezuzos are up, there is no
need to take them down and replace them at the beginning of the top third.
(b) As for how this ruling of the Rambam is to be reconciled with the
Gemara's conclusion, the TUR (YD 289) indeed implies that it is not
necessary to place it at the beginning of the top third, as the Gemara
implies. The BEIS YOSEF and BACH suggest ways to explain the Gemara
according to the Rambam, which the Shach calls "Dochek."
The SHACH himself (Nekudos ha'Kesef) 289:2) cites many Rishonim who agree
with the Tur and do not accept the Rambam's ruling. He offers another
explanation for the Rambam, and shows that according to his explanation,
Rashi and Tosfos (who explained like the Girsa that the Shitah Mekubetzes
#1 erases), must disagree with the Rambam. (The BEIS HA'LEVY, at the end of
his Sefer on the Torah, also suggests an explanation for the Rambam
according to which the Rambam is arguing with Rashi and Tosfos.)
The Shach concludes that "although some Anshei Ma'aseh in our generation"
have taken care to place the Mezuzah at the beginning of the top third,
nevertheless, they are mistaken and there is no need to change the common
practice of placing the Mezuzah anywhere above the beginning of the top
third -- i.e. he disagrees with the ruling of the Shulchan Aruch. (Note
that even according to the Rambam, the Mezuzah is valid, b'Di'eved, if it
is anywhere above the beginning of the top third of the doorway.)
M. Kornfeld, based on discussions with Rabbi Eliyahu Feldman
To unsubscribe from this mailing list, send email to
[EMAIL PROTECTED] with this text in the body of the message:
unsubscribe daf-discuss
