Siman 291

It was taught in Yoma (Yoma 11a): A mezuzah of an individual is inspected twice in a "shavua." That is to say: in a shemittah cycle, which is once every three and a half years. And that of the public, such as the gates of courtyards and provinces and cities (Rashi) – twice in a jubilee. For regarding any matter that belongs to the public – one should not impose too much burden upon it. For if you impose a burden, each one will say: "My fellows will do it" (Rashi). However, that of houses is called "of an individual," even though many dwell there (Bach). And the inspection, Rashi explained: lest it rotted or was stolen, see there. And according to this, a place destined for rot, such as where there is moisture, as is frequently found in our countries – one must inspect frequently, at the very least once a year. And so I practice. And even if he found three that were not spoiled – he is obligated to inspect them all. For in this matter a chazakah is not applicable, since one place is not similar to another place as I have written (Birkei Yosef). And even when he is lazy regarding inspecting, and wishes to place another mezuzah – it is forbidden because of "bal tosif" (Pitchei Teshuvah in the name of Chamudei Daniel).

We hold that mezuzah is an obligation of the resident. That is to say: it is not an obligation of the house. And if he has houses, and he does not reside in them and does not use them – they are exempt from mezuzah. Only if he resides in it – is he obligated in mezuzah. Therefore, one who rents a house from his fellow – the renter is obligated to make a mezuzah for it, and also to fix the place of the mezuzah, as I have written in Choshen Mishpat siman 314. And it has already been explained at the end of siman 286 that for less than thirty days – he is not obligated in mezuzah, see there. And even if he rented the house under the assumption that it has a mezuzah, and it was found that it does not – this is not a mistaken transaction, for it is pleasing to a person to perform a mitzvah with his money, when it is for a small cost like a mezuzah. And there is one who wanted to say that when he enters a house that has a mezuzah there, he should recite the blessing: "Who has sanctified us with His mitzvot and commanded us to reside in a house that has a mezuzah in it." But this is not the primary view, for we have not found this blessing anywhere. And it seems to me that he can do this: remove the mezuzot and check them, and afterward fix it with a blessing. And even though in siman 289 it was explained that he should not recite a blessing in such a case – that is when he already resides in it. But one who enters to reside – certainly recites a blessing in such a case. (Just as it is with a tallit. And be precise and you will find it easy.)

It was taught in a baraita in Bava Metzia (Bava Metzia 102a): One who leases a house to his fellow—the tenant must provide a mezuzah for it. And when he leaves—he may not take it in his hand and leave. And it happened that one took it in his hand and left, and he buried his wife and his two sons. And even though regarding tzitzit we hold: one may untie them from one garment for another garment, mezuzah is different because it causes damaging spirits to enter (see Beit Yosef). However, he may claim their value from the one who enters to dwell within it. And even if this one who enters does not want to pay, nevertheless it is forbidden for him to take them. But in a case where he leases it to a gentile—he takes the mezuzot. And so too if he leased a house from him and fixed mezuzot there, when he leaves it—he may take it. Unless he leases it further to another Israelite, he may take their value from that Israelite who enters, and when he leaves—he takes them. And there is one who wishes to permit taking the mezuzot even from the house of an Israelite when he leaves, if he is unable to obtain mezuzot for the place where he is entering (Pitchei Teshuvah in the name of Birkei Yosef). And it requires further study. And a non-Jew who requests a mezuzah from an Israelite to give it to him so that he may fix it to his entrance—he should not give it to him, for he is not commanded in this mitzvah. But if there is a concern of enmity, and that harm will reach him from this—it is permitted. (And proof is from the Yerushalmi, first chapter of Pe'ah, that Rabbi sent a mezuzah to Artaban. And the Pnei Moshe explained that he was an Israelite. And it is not so, as is proven in the She'iltot, Parshat Ekev, see there. And Rabbi was certain that he would honor it, see there in the She'iltot. And look closely and you will find it simple.) (And see Tosafot Shabbat 22a, beginning with "Rav," in the first resolution.)

Women are obligated in mezuzah, as it is a positive commandment not caused by time, and women are obligated in them. And even though mezuzah is compared to tefillin and Torah study, nevertheless, is it not written: "so that your days may be multiplied," and women also require life. And children are also trained in this mitzvah, in order to accustom them to the mitzvot. And know that in the Jerusalem Talmud, chapter "HaRoeh" (halacha 3): One who makes a mezuzah for himself says "to make a mezuzah." For another: "to make a mezuzah for his name." When he fixes it he says: "Who has sanctified us with His mitzvot and commanded us regarding the mitzvah of mezuzah." See there. And according to our Talmud we do not hold accordingly, as the Tosafot wrote in Menachot (Menachot 42b). Rather, we hold as I wrote above in siman 289, section 3, see there.