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In the United States, schools and yeshivas benefit from the government’s largesse in numerous ways. When public officials pay official visits to our institutions, it is common to reciprocate by presenting them with some token of appreciation and gratitude, as a form of common courtesy.
There have been instances in which communal leaders chose to present non-Jewish public officials with kosher Mezuzot to hang on the door of their office as a meaningful gift. These officials have been very moved by the gesture and eager to benefit from the protective powers of the Mezuza.
Expressing appreciation to public officials who assist our institutions and communities is an admirable practice; nevertheless, as explained below, there might be Halachic issues with this particular gift of appreciation.
The Worthiest Gift
The incident in the Talmud that is most similar to the above-mentioned practice is found in the Yerushalmi[1]. A special friendship existed between the Roman King Antoninus and Ribbi Yehuda HaNassi (known as Ribbi). The Talmud recounts an incident in which King Antoninus sent Ribbi Yehuda HaNassi a precious stone as a gift, and in return, Ribbi Yehuda HaNassi sent the king a Mezuza.
Antoninus was puzzled. He asked, “I sent you such an expensive gift and you send me a piece of parchment?”
Ribbi Yehuda HaNassi replied: “I will always have to guard your gift to ensure that no one will steal it. Whereas my gift to you, the Mezuza, will watch over you and protect you at all times!”
It would seem from this story that it is permissible to give a non-Jew a Mezuza. Yet, the matter is not so simple. In fact, the Rema[2] rules that it is forbidden to give a Mezuza to a gentile.
Guarding the Sanctity
The reason many Poskim prohibit giving a Mezuza to a non-Jew as a gift is based on a concern that the recipient will not treat the holy object with the proper sanctity and respect.[3] The story of Ribbi Yehuda HaNassi and Antoninus may have been an exception to the rule because Ribbi knew with certainty that Antoninus would treat the Mezuza with the proper respect.
Fear of Reprisal
Still, in the Darke Moshe on the Tur[4], the Rema relates that the ruler of a certain city once asked his Jewish subjects to send him a Mezuza. The townspeople were afraid to refuse, lest they incur the wrath of the powerful ruler. Despite this fear, the Maharil[5] ruled that it is forbidden. The Rema disagrees with the Maharil and rules that if there is a concern of “Eiva” – hatred; a fear that refusing to send the Mezuza will lead to hatred towards the Jews that could have dangerous reprisals, it is permitted to send it. The Rema reiterates this leniency in his glosses on the Shulhan Aruch[6].
The Shu”t Be’er Sheva[7] discusses this topic at length and posits that Ribbi only sent a Mezuza to Antoninus out of a concern of Eiva. The Be’er Sheva quotes a possible leniency that this prohibition only applies to a gentile who is an actual idol-worshipper. A gentile who does not worship idols is not suspect to defile the Mezuza or treat it improperly and one may present him with one. However, the Ben Ish Hai, in his Teshuvot Rav Pe’alim[8] writes that the Be’er Sheva only suggests this as a possibility and does not actually endorse this leniency.
How Much Hate?
Regarding what actually falls under the category of Eiva, Rav Moshe Feinstein zt”l writes in Shu”t Igrot Moshe[9] that this simply means that the non-Jew will hate the Jew for what the Jew did to him, which will certainly have some form of negative ramifications. It does not have to be such a severe hate that it could lead to a danger of possible loss of life. Rather, even if he will only severely injure the person or cause a serious loss of money, it is still considered Eiva.
As an example, Rav Moshe relates a theoretical case of a Jew who is a landlord and rents out apartments as his primary source of livelihood. One of his non-Jewish tenants asks him to put up a Mezuza on his doorpost or to keep up a Mezuza that was left there by a previous tenant. If the landlord knows for certain that if he denies this request, the non-Jewish tenant will be insulted and will move out of the apartment, causing him to lose a considerable amount of rent money until he can find a new tenant, it is considered Eiva and the landlord may leave the Mezuza up.
Rav Moshe stresses that both of these conditions must be met to fall under the category of Eiva: (1) Renting out apartments must be the landlord’s main source of income, and (2) He must be absolutely certain that the non-Jewish tenant will move out if he refuses his request for a Mezuza. If these two conditions are not met, the leniency of Eiva cannot be used.[10]
Just Give the Case!
If a school gives a public official a Mezuza unsolicited, it would seem that there is no concern of Eiva had they not given it. Therefore, it would be very difficult to permit gifting a Mezuza to a non-Jew in such a case.
It would probably be a safe assumption that a public official would be just as happy with a gift of an empty Mezuza case as with a gift of a kosher Mezuza (and in all likelihood would never have known the difference). Thus, if anyone feels a pressing need to give a non-Jewish official a Mezuza as a gift, an empty Mezuza case would probably be a better alternative!
[1] Pe’a 1:1
[2] Yore De’a 291:2
[3] R. Avraham HaLevi in Shu”t Ginat Veradim, Orah Chaim 2:28, adds another reason for the prohibition. He says that giving a Mezuza to a non-Jew is in and of itself a “Horada BiK’dusha”, lessening of the holiness of Mezuza – as it will no longer be used to satisfy the Torah obligation.
[4] ibid
[5] Hilchot Mezuza, Ot Daled. This is also the view of the Ohr HaHayim in his Sefer Rishon L’Tzion
[6] The Levush agrees with the Rema and permits this in a case of possible Eiva
[7] Siman 36
[8] Vol. 4, Yore De’a, Siman 25
[9] Yore De’a, Vol. 1, Siman 184
[10] Rav Moshe goes so far as to say that it would even be prohibited to give a non-Jew an unkosher Mezuza if the leniency of Eiva does not exist.