Question:
We were renting an apartment in Israel and before we moved, and we borrowed mezuzos from a gemach to put up so that we could take our mezuzos with us. We told the new renters that the gemach is fairly flexible in terms of returning the mezuzos, so they can have adequate time to get new ones if they need.
After initially indicating that they would get new mezuzos of their own, the new renters have completely ignored all further inquiries regarding these mezuzos. The gemach owner told them they cannot keep them and that they are stealing mideoraissa. They have not offered to pay for them or return them. Short of paying for new mezuzos for them, I have offered everything from helping them put up new ones to picking up the old ones and returning them to the gemach (although I live far away).
I owe the new renters 1000 nis for some utilities that were related to the time where our bill overlapped with theirs, but I asked a shaila and was told I could wait to pay them back until they dealt with the mezuzos.
At this point it has been over 8 months and there is no indication that the new renters will return the mezuzos. I want to know:
a) Can I donate the money I owe them to the gemach instead of returning it to the renters to pay for these stolen mezuzos?
b) Is the landlord responsible for the mezuzos that are stolen on his property?
c) If the landlord is not responsible, will he have theft immediately on his hands when the new renters leave?
d) Can I take the new renters to bais din over these mezuzos?
Answer:
You, together with the owner of the mezuzos should take the new tenant to Bais Din, as he is keeping mezuzos that are not his. Even if someone will say that you can’t take the tenant to Bais din, the owner of the mezuzos can, (even though you are really the one who owes the money to the gemach). The landloard is not responsible for the mezuzos right now as it is the obligation of the renter and not his. When they leave, he will have to return the mezuzs to the gemach because they belong to the gemach.
It might help the situation to tell the new tenants that they are right now living in Eretz Yisroel without mezuzos, because they are not yotza the mitzva with stolen mezuzos, as it is a mitzva habah b’aveiro, therefore they are obligated to take care of this immediately. Therefore each day counts.
Best wishes
