Muktzeh Marvels

Later, as Torah was in danger of being forgotten, Chazal permitted oral law to be written down as well. Therefore, the Smag argues that a get should no longer be muktzeh. The entire Mishnah and Gemara with their commentaries are oral law and are written down. Since we are now permitted to write down oral law, sefarim that contain oral law are no longer muktzeh on Shabbos. Therefore, a get should not be muktzeh nowadays either since one can learn the oral law from it.

The Minchas Shabbos argued that based on the Smag’s reasoning, a mezuzah should not be muktzeh. One can examine the mezuzah and learn how a mezuzah is supposed to be written. Still, some suggest that a mezuzah that was affixed to a doorpost before Shabbos is muktzeh if it fell down. All would agree that one can pick up the mezuzah off the floor and put it somewhere safe. The question is whether one may continue handling the mezuzah afterwards.

There is a common misconception that one has 30 days before he is required to affix mezuzos to his home. That leniency is limited to a renter outside of Israel. However, one who purchases a home must affix mezuzos right away. Similarly, if a mezuzah fell down, one cannot wait 30 days before putting it back up. One must affix it to his doorpost immediately. However, on Shabbos, one has a problem, as he generally can’t reaffix his mezuzah to the doorpost. (Some say if the case is still affixed to the wall, then one may return the mezuzah to it.)

The story is told that Rebbe Zalman of Vilna was once staying at an inn on Shabbos. He noticed that the mezuzos were improperly affixed, rendering them invalid. Rebbe Zalman did not want to stay at the inn which effectively did not have any mezuzos. Not wanting to lose his revered guest, the innkeeper declared his inn ownerless in front of three witnesses. In this way, he was able to accommodate Rebbe Zalman.

Rebbe Zalman’s conduct might seem like a far-out stringency. After all, the innkeeper would have affixed all the mezuzos correctly right after Shabbos. Could it really be wrong to temporarily stay in a home that lacks a mezuzah? The Aruch HaShulchan clearly paskens (Y.D. 285:5): One who found out that he doesn’t have a mezuzah on his door is not allowed to delay even for a moment. He must go immediately to the sofer to purchase a mezuzah and affix it promptly.

The incident with Rebbe Zalman, though, occurred on Shabbos. The Aruch HaShulchan is a little more lenient when it comes to Shabbos. He writes, “And if it is Shabbos or yom tov and it is not possible to affix the mezuzah, if it is possible to stay out of the room without the mezuzah, he should do so. If not, he may use the room. The same leniency would apply during the week where a mezuzah is not available for purchase.”

Clearly it is incorrect to delay affixing mezuzos. Likewise, the practice of leaving one’s home without mezuzos for a significant amount of time while they are checked is also incorrect. In the Five Towns, Rabbi Naftali Jaeger, shlita, set up a mezuzah gemach to be utilized just for this purpose. One borrows the mezuzos and only then removes his own. He then immediately affixes the gemach ones. When one’s mezuzos come back from the sofer, the gemach’s mezuzos are returned. Rabbi Jaeger’s gemach is a free service.

One also has the option of hiring a sofer who makes house calls. In that case, the mezuzah will only be off the doorpost for a short time. One may also employ the suggestion mentioned above of declaring one’s home ownerless while his mezuzos are being checked. However, that trick only works for 30 days. The Rashba writes that even someone living in an ownerless house has a rabbinic obligation to affix mezuzos after 30 days. Further, if someone declared his house ownerless, he may have to reaffix all the mezuzos—even the ones not removed for inspection—when he reacquires his home. Please seek halachic guidance ™