Purchased an Apartment with Mezuzahs of a Different Custom
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Question
We purchased an apartment from G-d-fearing people, and there are mezuzahs there. The mezuzahs are according to the custom of the Sephardic communities, and we are Ashkenazim. Are we required to replace them? And if so, are we obligated to return the mezuzahs to the previous owners?
Answer
Shalom and blessings,
A. According to the Mishnah Berurah, there is a concern regarding the kashrut of certain letters in the Sephardic script (and ali"sh), therefore an Ashkenazi should use mezuzahs written in the Ashkenazi script (Beit Yosef) only. However, a Sephardi can use mezuzahs written in the "Beit Yosef" script.
B. There is uncertainty about the ownership of the mezuzahs, and the rule follows the one who is in possession. Therefore, if the buyer has already moved into the apartment, he can leave the mezuzahs there.
With blessings for a good settlement,
Source
A. In the Mishnah Berurah (Siman 36 - 'Form of the Letters'), it is written regarding the letter Nun that its head should be like the letter Vav and not like the letter Zayin, and also regarding the letter Shin with a base, that they are invalid, because the 'Pri Megadim' remains in doubt about their validity. And since in the Sephardic script they write the head of the Nun like a Vav and not like a Zayin, and also write the Shin with a base, according to the MB, one should not use this script. [However, in a rented apartment where the obligation of mezuzah is rabbinic (Shu”t Rabbi Akiva Eiger, Mahadura Kama, Siman 66), one can rely on the opinion of those who validate these letters (Shulchan Aruch HaRav, Siman 36, Keset HaSofer, Siman 5).]
B. There are two uncertainties in this matter:
In the Gemara (Bava Batra 69b), there is a doubt whether something fixed with pegs is considered attached and included in the sale, or since it can be dismantled, it is not considered attached and not included. And also a mezuzah, which is attached to the house, depends on this doubt. See Choshen Mishpat 214.
The later authorities disagree on whether, since it is forbidden to remove the mezuzahs, the seller certainly intends to sell them. This is discussed in Pitchei Teshuva (Yoreh De'ah 291, Choshen Mishpat 214).