This might sound funny, but after going thru Mesechet Zevachim , and now Menachot, I find that this section dealing with Hilchos Mezuzah to be the hardest to understand. I have three Halachik questions that maybe you can help me with :
1 - Daf 33A-B, we conclude the Halacha like Shmuel, that the Mezuzah should be placed in the top 1/3 of the door post. Now the Ramabam and Shulcan Aruch, both poskin ( not the way I understood the gemarah, that the whole top 1/3 is ideally the place for the Mezuzah ) but that we should ideally place the Mezuzah exactly 1/3 the way down from the top of the door post, and if you placed it higher than that it is still Kosher, as long as it is not in the top Tefach. Acc. to Halacha everyone should take a ruler measure the door post, mark that spot, and place the bottom part of his Mezuzah to that point. Now I have never seen anyone do this , nor have I ever seen a Mezuzah that low. I measured it and the 1/3 point is much lower that most of us place our Mezuzot, most cases below the shoulder. My question is , if our Mezuzot are in the top 1/3, which is Kosher, should we move them lower, to exactly the 1/3 point using a ruler. To fulfill the Shulcan Aruch's understanding of the gemarah Le'catchila. Or since there are many other Rishonim,( ie. the Rosh, etc.) who understand the gemarah's conclusion simply, that the whole top 1/3 is Kosher Le'chatchila, we should leave our Mezuzot alone. In either case , you of course would not make a bracha, when moving it ??
(The remaining questions will be answered in separate emails)
Thank You, for your help in advance,
Shmuel Katz
I assume that you are a Kohen. I am sure that if you were serving in the Mikdash and had to apply the laws of Zevachim and Menachos, you would find them just as - or more - difficult!
There are a number of books which have been written in recent years discussing the practical Halachos of Mezuzah. One outstanding Talmid Chacham who has been studying the subject for many years, and is on the verge of publishing a comprehensive work on the subject, is Rabbi Eliyahu Feldman, a friend and neighbor of mine here in Har Nof. (His father is Rabbi Aharon Feldman, Rosh Yeshiva of Ner Yisrael.) Before answering your questions, I discussed them at length with Rabbi Eli Feldman. The answers I am sending you are based on these very enlightening conversations. (Any mistakes were probably introduced by myself during the transmittal of his insights.)
(a) In answer to your first question, first the practical Halachah: In the houses of Rav Chayim Kanievsky and Rav Nisin Karelitz, the Mezuzos are at the beginning of the top third. However, someone once pointed out to Hagaon Rav Elyashiv, Shlita, that his Mezuzos (like most Mezuzos) were above the beginning of the top third of the doorway. They asked him whether they should measure the doorway and re-attach the Mezuzos to the beginning of the first third. His answer? "Why should I hang my Mezuzos differently from the way everyone else hangs their Mezuzos!" (see below, (b)).
The sequel, though, is that Rav Elyashiv recently had new doors made in his apartment, and the Mezuzos hanging there are indeed affixed to the beginning of the top third. (I have not verified the reliability of this part of the story, though.)
I would conclude, based on this, that once your Mezuzos are up, there is no need to take them down and replace them at the beginning of the top third.
(b) As for how this ruling of the Rambam is to be reconciled with the Gemara's conclusion, the TUR (YD 289) indeed implies that it is not necessary to place it at the beginning of the top third, as the Gemara implies. The BEIS YOSEF and BACH suggest ways to explain the Gemara according to the Rambam, which the Shach calls "Dochek."
The SHACH himself (Nekudos ha'Kesef) 289:2) cites many Rishonim who agree with the Tur and do not accept the Rambam's ruling. He offers another explanation for the Rambam, and shows that according to his explanation, Rashi and Tosfos (who explained like the Girsa that the Shitah Mekubetzes #1 erases), must disagree with the Rambam. (The BEIS HA'LEVY, at the end of his Sefer on the Torah, also suggests an explanation for the Rambam according to which the Rambam is arguing with Rashi and Tosfos.)
The Shach concludes that "although some Anshei Ma'aseh in our generation" have taken care to place the Mezuzah at the beginning of the top third, nevertheless, they are mistaken and there is no need to change the common practice of placing the Mezuzah anywhere above the beginning of the top third -- i.e. he disagrees with the ruling of the Shulchan Aruch. (Note that even according to the Rambam, the Mezuzah is valid, b'Di'eved, if it is anywhere above the beginning of the top third of the doorway.)
M. Kornfeld, based on discussions with Rabbi Eliyahu Feldman