Mezuzah for a Space Shared with Non-Jews?

Ask the Rov: I have non-Jewish neighbors in my building. Does the building’s front door require a mezuzah?

By Rabbi Chaim Hillel Raskin – Rov of Anash in Petach Tikvah

Rishonim debate whether a living space owned in partnership with a gentile requires a mezuzah. The Rashba holds that it’s obligated as one still needs the protection provided by the mezuzah.¹ However, the Mordechai disagrees and holds that a space in which a gentile has a share of ownership is exempt from a mezuzah.²

In the Shulchan Aruch, the Mechaber apparently follows the Rashba by writing that a house owned by partners is obligated in a mezuzah, without excluding a non-Jewish partner. The Rama, however, rules that non-Jewish partnership exempts the home entirely. Acharonim explain that the words of “yirbu yimeichim” in the plural, from which we learn the obligation of partners placing a mezuzah, is not relevant to a non-Jewish partner.³ When there’s concern that the non-Jewish partner may deface or steal the mezuzah, it should not be affixed according to all.⁴

In the case of a mixed “marriage,” some hold that this itself is a great affront to the mezuzah. (Halacha states that when leaving a dwelling to a non-Jewish tenant, the mezuzos should be removed so they don’t experience embarrassment.) Moreover, affixing a mezuzah for this “couple” can be interpreted as approval of their “marriage” and the designation of their home as a “Jewish home.”

Since there is doubt, some hold that one should be stringent to affix a mezuzah, while others argue to the contrary that we ought to be stringent to not affix a mezuzah.⁵ In practice, there is room to place a mezuzah for the Jewish partner without a bracha if there is no concern that they will disrespect it.⁶

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From The Weekly Farbrengen by Merkaz Anash