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(1) In Tractate Mezuzah, we learn that you must put a mezuzah on a new house as soon as construction is finished, whether or not the house is occupied. [Mezuzah 2:11]

(2) However, this quotes the Mishneh Torah to the effect that it's up to the tenant to affix a mezuzah.

How do we reconcile these two statements?

If (1), what if the house is being built for rental, as an investment? Does the Jewish owner also need to put mezuzot there? If the tenants are not Jewish they may throw them out, which would be a desecration of God's name.

(For information: If the renter is Jewish and finds no mezuzot there, he must affix them, and when he leaves he may NOT take them with him, because the owner is Jewish. If the owner is not Jewish, he may take them with him. [Mezuzah 2:13])

Maurice Mizrahi
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  • An empty house has no requirement for a Mezuza. Jews that live in it permanently cause that obligation. Once they're in, the Halacha gives a 30 day period to affix it IIRC. – Al Berko Oct 24 '19 at 18:19
  • @AlBerko More importantly, the obligation of Mezuzah is on the tenant, not the landlord. – DonielF Oct 24 '19 at 18:45
  • @MauriceMizrahi 1. When did I say that? 2. What statements are you trying to reconcile? – DonielF Oct 24 '19 at 21:40
  • @DonielF -- How is asking for reconciliation of the two statements a "duplicate"? – Maurice Mizrahi Oct 24 '19 at 22:43
  • @MauriceMizrahi If that’s what you mean to ask, then ask that! Your “how do we reconcile this” is phrased as an afterthought, and your main question is indeed a duplicate. – DonielF Oct 24 '19 at 23:20
  • @DonielF -- I rephrased it. – Maurice Mizrahi Oct 25 '19 at 00:33
  • Okay, good, so what part of the other question doesn’t address your question here? – DonielF Oct 25 '19 at 00:35
  • @DonielF -- How do we reconcile these two statements? – Maurice Mizrahi Oct 25 '19 at 00:52
  • What exactly is your contradiction? Just say the Braisa refers to a regular case and the Rambam refers to specifically a renter’s case. – DonielF Oct 25 '19 at 00:55
  • Regular as opposed to what? "You must put a mezuzah on a new house as soon as construction is finished, whether or not the house is occupied. " is very clear and contradicts the Rambam. – Maurice Mizrahi Oct 25 '19 at 01:16

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