HALACHA OF THE WEEK: Mezuzot on Offices The Talmud [Yoma 11b] explains that in order for a structure to be obligated in mezuzah, it must be connected with a use of dira (dwelling). Based upon this, the Rambam [Mezuzah 6:9] rules that a store is not obligated in mezuzah, and the Shulchan Aruch [Yoreh Deah 286:11] concurs.
Interestingly, this ruling comes despite the fact that they also rule that storage areas for straw or lumber are required to have a mezuzah. The Taz [ibid. note 10] explains that the difference is that storage rooms are used both day and night, while the commercial activities of a store are limited to the daytime. Another distinction is that storage rooms are often an extension of one’s home, while offices were not [Beer Moshe vol. 2, responsa 85].
Based upon the Taz’s distinction, Pitchei Teshuva [Yoreh Deah 286 note 9] cites the opinion of the Yad Haketana that if the store houses the owner’s merchandise during the night it would certainly require a mezuzah. Even if one does not feel that storage of merchandise or equipment during off-hours is sufficient to turn a place of business into a dira, if the business or factory operates into the night, it is more certain that one would need to put a mezuzah [B’er Moshe, ibid.].
The Bach and Prisha [Yoreh Deah 286:22] went a step further, suggesting that the Rambam (and Shulchan Aruch) are misunderstood and that they only exempted stores which were temporary, existing only on specific market days. According to this approach, regular, full-time places of work would be obligated in mezuzah.
In summary, there is a basis to require a mezuzah on Jewish owned businesses. However, because of the dispute, several poskim suggest that it should not be recited [Minchat Yitzchak, 2:83; Chovat Hadar 3:8; Pitchei Shearim 286:(132,133,138)]. DVAR TORAH "For Bnei Yisrael are servants to Me, they are My servants, whom I have taken out of the land of Egypt -- I am Hashem, your G-d." (Vayikra 25:55)
HaRav Joseph Dov Soloveitchik z"l observes that there are two ways to express servitude. One is reflected in the language of the Haggadah: "We were slaves to Pharaoh." While the second is reflected, for example, in the verse (Bereishit 24:34), "I am Avraham's slave" (i.e., the possessive form). What is the difference between these two forms?
The Rav explained that the first expression reflects a purely legal relationship: "I am my own person, and I happen to be a slave to Pharaoh at present." In contrast, the second expression means that my very essence is bound up with my master. (In fact, Chaza”l even commented that Avraham's slave Eliezer was similar in appearance to his master!) (Festival of Freedom p.46)
Based on this explanation, the verse cited above can be understood as follows: Our relationship with G-d begins as a formal legal relationship of Master and servant - "Bnei Yisrael are servants to Me." However, once G-d redeemed us from Egypt, our relationship changed - "they are My servants" – our entire identity became connected to G-d as we became His chosen nation. .
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