Teaching Team
The Mezuzah and Discrimination
Last week a mezuzah made an appearance in international news when a Chicago woman was told by an American appeals court after challenging the request of her land lord that she was forbidden to put a mezuzah up outside of her condominium. The mezuzah is a small box with a scroll of Scripture inside it that is placed on the right side of the doorposts of our house in fulfillment of Deuteronomy 6:9:
You shall write them on the doorposts of your house and on your gates.
The word for doorpost in Hebrew is literally mezuzah.
The laws on the books for this particular residency are very strict that nothing is to be displayed outside of the condominium doors. The court decision went two to one stating:
"The hallway rule ... is neutral with respect to religion. It bans photos of family vacations, political placards, for-sale notices, and Chicago Bears pennants. We cannot create an accommodation requirement for religion. Our job is not to make the law the best it can be, but to enforce the law actually enacted."
But the one dissenter, Judge Diane Wood, felt that this rule was tantamount to evicting observant Jews from the condominium. She adds:
"Hallway Rule 1 operates exactly as a red-lining rule does with respect to the ability of the owner to sell to observant Jews... The [condominium] association might as well hang a sign outside saying 'No observant Jews allowed.'"
The saddest part of the story seems to be that the mezuzah was first removed by the landlord while the woman and her children were attending the funeral of her husband in 2004. You can read the full story here.
For more information on the mezuzah see the First Fruits of Zion book Mezuzah: You Shall Write Them upon the Doorposts of Your House and upon Your Gates which was the first in a series of books called Mayim Chayim ("living waters") that will discuss the commandments of the Torah in depth.
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Visitor Feedback:
I absolutely believe in freedom of religion and a person living Torah the best they can (or I wouldn't read this blog). However, I also believe in personal property rights and that includes condo ordinances. Unless this rule was added after the purchase of the condo or was being unequally applied, I believe she, at least, had the opportunity to peruse the rules, and based on those rules choose whether or not to make the purchase. Further, she most likely signed a contract stating she would follow them and if so, I believe Torah says we are to keep contracts as well. Maybe the landlord did not deal with the situation as graciously as they could have, but then they probably aren't trying to be a follower of the Master and, therefore, we cannot really expect them to.
--
gabe
Gabe Anzelini | July 22, 2008 12:46 PM
I disagree. Americans presume that their First Amendment right to freedom of religion trumps any other rules or laws that might be created.
This reminds me of a Third Rock from the Sun episode in which Sally joins the condo association and starts ruthlessly enforcing the rules, including going after a neighbor with a mezuzah on the doorpost.
If the condo rules had clearly stated to prospective buyers that no religious symbols were allowed, there would have been a lawsuit.
I hope this person pursues litigation and fights to keep the mezuzah. If local laws are allowed to take away a First Amendment right, we could all be in trouble. What is to prevent a different condo association from requiring that tenants decorate for Christmas or participate in their annual Easter egg hunt?
Freedom of religion should not be based on where one lives. It is a basic American right that should never be violated.
MJ
MJ Belko | July 22, 2008 2:45 PM
In the movie, "The Chosen" with Robby Benson, I recall seeing them touch a Mezuzah which was attached to the door-casing, which was seen and accessible from inside the home, but when the door closed, would not be visible or available from the outside of the home.
The person in the condominium placed the mezuzah inside the door jam, of a door that opens inwardly, into the private living-space. Thus, the door jam, to which the mezuzah was affixed, truly is part of the public, unprotected, hallway space.
The solution is to relocate the mezuzah so it is inside the occupied, private space. This also protects the sacred [often expensive] parchment, inside the mezuzah, from theft or vandalism.
The door casing is fastened to the door jamb, making it part of the doorpost.
Therefore, Writings on parchment, touching mezuzah, touching door-casement, touching door-jamb, appears as valid as writing Torah on doorposts, over several layers of different paints.
David | July 26, 2008 2:46 AM
I would hope the family would continue their case to the Supreme Court, and would hopefully be supported by an organization supporting their religious rights.
The condo association removing the mezzuzah violated the family's private property. I understand the issue of allowing this diplay of religion could lead to other displays that would be disruptive. However, the mezzuzah is small and I can't see how it would be a problem.
I don't know if the Block's considered collecting signatures of other condo members, especially those on their floor. That would destroy any arguments that their observance is offensive or disruptive.
I don't know if this was in the bylaws when the family purchased their property, but CC&R's can be hundreds of pages.
I don't believe that CC&R's can trump state law.
Chaya | July 27, 2008 10:06 AM
My Mezuzah is placed on the door jam that is between the actual door and the storm door in this way it is not visible from the outside.
I agree that asking her to remove it it a violation of her First rights amendment. Anyhow, a Mezuzah does not have to be that big, it is not like a wreath hung on a door were you can see it from the road...
Shoshana | July 27, 2008 4:03 PM
I too,live in a condo complex with rather restrictive rules. My solution is to place my mezuzah on the inside of my front door, right on the doorpost and in between the screen and sliding glass doorpost. When I read the scriptures, I could not see any strict guidelines for its placement other than on the doorposts of your homes. So I used divine interpretation to fulfill this command and I know that my mezuzah is secure from being desecrated by non-believers. Plus I can easiliy see them when I enter and leave my home.
Deborah | July 27, 2008 4:40 PM
I do hope they will continue their case in court. I know she lives in a condo, but who was she hurting, nobody. I hope others will stand up and support this family.
Lisa | August 5, 2008 6:53 PM