Mezuzah: Buying after Renting

The Mitzvah of Mezuzah: Renter vs. Owner

The Biblical obligation of affixing a mezuzah applies only to one who owns the property. A renter, on the other hand, has a Rabbinical obligation to affix mezuzos; in Eretz Yisroel—the day they move in, and in Chutz La’aretz (outside of Eretz Yisroel) after thirty days. Nevertheless, many renters in Chutz La’aretz have the custom of putting up mezuzos right upon moving in; however, since they are not yet obligated in the mitzvah, they do so without a brachah. In order to be able to make the brachah, they remove at least one mezuzah on the thirtieth day and exchange it for another (preferably, one which is more mehudar (a nicer and more enhanced one) and affix it with a brachah, having in mind that the brachah includes all the rest of the mezuzos that were affixed when they moved in. If a person did not remove one of the mezuzos, they may not make a brachah, but they nevertheless fulfilled the mitzvah—there is no concern of ta’aseh v’lo min he’asuy (the mezuzos being put up when there was no mitzvah of mezuzah yet).

When one rents property with the option to buy, as long as they remain renters they are under Rabbinical obligation of mezuzah. If and when they take title to the property, they become Biblically obligated. Accordingly, the mezuzos that were affixed before they owned the property might now be considered ta’aseh v’lo min he’asuy, and not halachically acceptable. The issue is more pronounced if one did not have the intention of buying the property when they rented it. Hence, before taking title all the mezuzos should preferably be removed, and reaffixed after the closing. In order to be able to make a brachah, the preferred method of reaffixing the mezuzos is as follows: they should exchange one of the mezuzos for another one—preferably one which is more mehudar—and affix the new one with a brachah, having in mind that the brachah applies as well to the rest of the mezuzos that will be reaffixed immediately afterwards. Similarly, a person who was in a partnership with a non-Jew and then buys out the partner, should remove the mezuzos before closing the deal, and reaffix them afterwards in the manner prescribed. #314

https://halacha2go.com?number=314

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.