When a person affixes a Mezuza to a doorpost, what is the proper way of positioning the Mezuza?
There is a debate among the Rishonim (Medieval Halachic scholars) regarding the position in which a Mezuza should sit on the doorpost. Rashi (Rabbi Shlomo Yishaki of Troyes, France, 1040-1105) maintained that the Mezuza should be positioned vertically, upright, whereas Rashi’s grandson, Rabbenu Tam (France, 1100-1171), held that the Mezuza should lie horizontally. The Shulhan Aruch, in his codification of the laws of Mezuza, follows Rashi’s position, which is also the view of the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204). The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) ruled that one should follow the Shulhan Aruch’s ruling, and this is also the view taken by Hacham Ovadia Yosef, in his work Halichot Olam (vol. 8). Thus, although Ashkenazim follow the compromise view of the Rama (Rabbi Moshe Isserles of Cracow, 1525-1572) to place the Mezuza diagonally, on a slant, Sepharadim should follow the Shulhan Aruch’s ruling and affix the Mezuza in an upright position.
Halacha requires affixing the Mezuza in the upper third of the doorpost. Thus, if the doorpost is 90 inches high, the Mezuza should be placed within the top 30 inches. Preferably, it should be placed in the lower part of the upper third. Returning to our example of the 90-inch doorpost, this means that the bottom of the Mezuza should be situated just above the point that is 30 inches from the top of the doorpost.
If one mistakenly placed the Mezuza lower than the upper third of the doorpost, must he remove it and place it in the proper place?
The Tur (Rabbenu Yaakob Ben Asher, 1270-1340) ruled that although optimally one should place the Mezuza within the upper third of the doorpost, one who affixed the Mezuza lower than the upper third has nevertheless fulfilled the Misva, and does not need to move it. The Shulhan Aruch, however, rules that one must, indeed, move the Mezuza and place it within the upper third of the doorpost, and this is the position one should follow.
The Halachic authorities debate the question of whether or not one should recite a Beracha when reaffixing the Mezuza in this case. The Ben Ish Hai applied to this situation the famous Halachic principle of "Safek Berachot Le’hakel," which means that we do not recite a Beracha when there is some uncertainty as to whether it is warranted. According to the Tur’s position, that one does not have to move the Mezuza in this case, clearly one who does move the Mezuza should not recite a Beracha when reaffixing it. Therefore, although one should follow the Shulhan Aruch’s position and reaffix the Mezuza, he should not recite a Beracha, given the uncertainty as to whether the Beracha is warranted.
Hacham Ovadia Yosef, however, disagrees, and rules that one should recite a Beracha in this case. Based upon the comments of the Hid"a (Rav Haim Yosef David Azoulai, 1724-1806), in his Shem Hagedolim, Hacham Ovadia asserts that the principle of "Safek Berachot Le’hakel" applies only when the uncertainty relates directly to the issue of reciting the Beracha. When the authorities disagree concerning the need to recite a Beracha in a given circumstance, then we apply this rule and refrain from reciting the Beracha. In the case under discussion, however, the Halachic debate concerns not the Beracha, but rather the status of a Mezuza placed beneath the top third of the doorpost. The question surrounding the Beracha is merely an outgrowth of that debate. Therefore, since Halacha follows the ruling of the Shulhan Aruch, that affixing a Mezuza lower than the top third does not fulfill the Misva, one who did affix a Mezuza in this manner and then moves it to its proper location must recite a new Beracha. Since we have accepted the Shulhan Aruch’s ruling regarding the status of a Mezuza affixed in the wrong place, we do not consider this situation one of "Safek Berachot."
Similarly, if one accidentally affixed the Mezuza on the left side of the doorway, rather than on the right side, where the Mezuza belongs, he must remove the Mezuza and affix it to the right side, with a Beracha.
Summary: Sepharadim should follow the ruling of the Shulhan Aruch requiring positioning the Mezuza vertically, upright. The Mezuza should be positioned on the lower part of the upper third of the doorpost. If one affixed the Mezuza lower than the upper third, or on the wrong side of the doorpost, he must move the Mezuza to its proper place, and recite a new Beracha when reaffixing the Mezuza.
