Mezuzah Cases in Apartment Sale
Question
I bought a second-hand apartment, and the seller is taking his mezuzahs. Can he also take the mezuzah cases, or are they considered part of the house and included in the sale?
Answer
Hello,
It is not possible to remove from the one who holds possession. Therefore, if the apartment has not yet been delivered to the buyer, the seller can take them, but if the buyer already holds the house, the seller cannot remove them.
Answered by
Answers questions at Rav Amram Fried's Beit Horaah
Smicha "Yoreh-Yoreh" (2012), Rav Amram Fried's Beit Horaah
Orach Chaim, Yoreh Deah
About the Rabbi
Source
See Pitchei Teshuva YD 291 and Choshen Mishpat 214
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