Staying at an Airbnb without a Mezuzah

Hi, I just arrived in Israel and discovered that the Airbnb rental has no Mezuzah I know the owner is Jewish. Am I allowed to stay in the flat even though there is no Mezuzah affixed to the door post?

Thank you for your question.

The answer: You may stay in the flat even though there is no mezuzah.

The answer explained in depth:

The Shulchan Aruch writes an interesting halacha that there is a difference between Eretz Yisrael and Chutz La'aretz regarding Hilchot Mezuzah. In Siman 286, Se'if 22, the Shulchan Aruch writes as follows:

שולחן ערוך יורה דעה הלכות מזוזה סימן רפו

השוכר בית בחוצה לארץ והדר בפונדק בארץ ישראל, פטור ממזוזה שלשים יום. והשוכר בית בארץ ישראל, חייב במזוזה מיד, משום ישוב ארץ ישראל.

A person who rents a house in Chutz La'aretz is exempt from affixing a mezuzah for the first thirty days. However, if one rents a house in Eretz Yisrael, then he is obligated to affix a mezuzah immediately because of the mitzvah of living in Eretz Yisrael. However, if one lives in a "Pundak" (which we will explain later), then one is exempt from affixing a mezuzah even in Eretz Yisrael.

First, we see that there is a difference if someone rents a house in Chutz La'aretz and if he rents it in Eretz Yisrael regarding the obligation to affix a mezuzah, even if he intends to be there for only a few days. The Shulchan Aruch explains that because of the mitzvah of "Yishuv Eretz Yisrael," the question arises: What does the obligation of a mezuzah have to do with "Yishuv Eretz Yisrael"?

Rashi explains in Tractate Menachos (page 44a) that since there is a halacha stating once someone affixes a mezuzah on the doorpost, one may not take it down. Therefore, if a person affixes a mezuzah upon entering the house, even if he intended to stay only a short time since he has now fixed a mezuzah, it may cause him to change his mind and stay long-term since he isn’t allowed to remove the mezuzah. Even if he does decide to leave, the mezuzah that he fixed will remain, making it easier to find someone to occupy the house with a mezuzah already in place. Therefore, by affixing the mezuzah straight away on the doorpost, it ensures that there will always be tenants occupying the house, either by the one who fixed the mezuzah or another tenant, and through this, there will be people living not only in the house but in Eretz Yisrael.

So, we see that even if one is living in a house for a short term in Eretz Yisrael one is obligated to affix a mezuzah. One might then ask, what is the halacha if one is staying in a hotel or, as in your case, an Airbnb flat? Is this considered renting for a short time, and is one therefore obligated to affix a mezuzah?

Guest/Host

Since the rental is intended for short-term use, a person is considered a guest (אכסנאי), and even their legal rights to the property are limited, this is illustrated by the names Airbnb uses—the tenant is called a guest and the owner a host—Therefore, we cannot say that he is considered as having rented the apartment, and he is therefore exempt from affixing a mezuzah. The Beis Halevi adds that the reason one is exempt is that since this property is intended for short-term rentals, affixing a mezuzah on the doorpost will not contribute to the mitzvot of Yishuv Eretz Yisrael, as Rashi explained, since this isn't a place for long-term living. (Beis Halevi in his commentary on the Torah).

Pundak

The Shulchan Aruch writes that if one is staying in a "Pundak," one is exempt from affixing a mezuzah. What are the parameters to describe a "Pundak"?

A "Pundak" is a place where people stay for a short time, and the owner even has the right to vacate the property whenever he sees fit. For example, he can always tell the tenant that it's time for him to leave or he can change the room in which he sleeps. Therefore, there are people who are stringent and want to make their flat, which they rented, like a "Pundak." So, before they enter, they tell the owner that he has the right to evict them whenever he wants, and now the property is considered a Pundak and exempt from affixing a mezuzah.

So, to summarize, one is exempt either because he is not considered a renter but more like a guest, or by telling the owner he may evict him whenever he wants, he is considered as staying in a Pundak and exempt from affixing a mezuzah.

Wishing you a safe and pleasant vacation.

Shulchan Aruch Hilchot Mezuzah, Siman 286, Se'if 22,

Rashi Tractate Menachos (page 44a)

Beis Halevi in his commentary on the Torah