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Q&A From the Bais HaVaad Halacha Hotline

Storepost

Dayan Yehoshua Grunwald

January 13, 2022

 

Q Do I need to put up mezuzos in my store?

A

The Shulchan Aruch (Y.D. 286:11) exempts stores in marketplaces from mezuzos. Many Acharonim explain that this refers to temporary shops. Permanent ones, however, because they are occupied for much of the time and are used to store the owner’s merchandise, are dwellings and require mezuzos (Pis’chei Teshuvah 286:10, Kitzur Shulchan Aruch 11:14, and R’ Akiva Eiger 286:11).

The Taz (286:10) disagrees and says even permanent stores are exempt, because they aren’t occupied by the owner both day and night. (He would likely agree that an actual home that is not occupied day and night still requires a mezuzah.) Many Acharonim adopt his view (Chayei Adam 15:11 and Derech Hachayim). Sefer Agurah Be’ahalecha writes that this view would exempt even stores that are open 24/6, because the owner isn’t there day and night. Given the controversy, contemporary poskim advise placing mezuzos in stores but without a bracha.

Dressing rooms are exempt, because they are occupied only briefly and aren’t used for storage. And only entry doors require mezuzos, so those used just for exiting are exempt.

There is debate whether a shop open for only one season each year is temporary enough to be exempt according to all, but if merchandise is stored there year-round, it would require a mezuzah according to the first view above.

 

 

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