Mezuza on a Timeshare

Question: I have recently bought a holiday home through a timeshare, whereby I have the rights to use the home for three months a year. Am I obligated to affix mezuzos?

Answer: The Rema (YD 286:1) writes that one who owns a house in partnership with a non-Jew is exempt from affixing a mezuza. Different reasons are given for this. The Bach (YD 286:1) writes that it could be dangerous to leave the mezuza exposed. Alternatively, it may become mistreated by non-Jewish people. The Shach (YD 286:6) explains that the house needs to belong fully to a Jewish person for it to require a mezuza.

R’ Akiva Eiger (1:66) argues that while a Jew is living in a property that he owns as a timeshare together with a non-Jew, it is considered to be totally his. As such, he is required to affix a mezuza then.

R’ Yosef Zundel Hutner (Chedrei Deah 286:1) challenges this, arguing that they remain partners regardless of who is currently in the house.

The Chayei Adam (Kuntres Hamezuza 289:59-60) sides with R’ Akiva Eiger, though writes that there is a difference as to whether they have properly split the times between them. Only if they have predetermined dates, can the Jewish owner affix the mezuza with a beracha. However, if their agreement is more fluid, and they each move in whenever they want, then he affixes it without a beracha. Ideally, one should remove the mezuza when leaving, and replace it each time they arrive. R’ Moshe Zvi Landau (Mezuzos Melachim 165) maintains that one does not recite a beracha, regardless.

In conclusion, one should affix mezuzos when one is staying in a timeshare, though one should not recite a beracha.

Shehecheyanu on new Tzitzis

Question: Does one say shehecheyanu when buying a new tallis or tzitzis?

Answer: The Shulchan Aruch (OC 22:1) writes that one should recite the beracha of shehecheyanu when buying a new tallis just as one would for any other new clothes. The Mishna Berura (22:1) notes that the tallis needs to be ready to wear. Thus, if the tzitzis have not yet been attached to the begged,, one should wait to say shehecheyanu. The Rema adds that if one did not recite the beracha when buying the tallis then one should do so when first wearing it.

Nonetheless, the minhag is to wait to recite shehecheyanu until wearing the new clothes. The Kaf Hachaim (OC 22:6) suggests that this is because nowadays people often return clothing or pass it on to others (see Piskei Teshuvos 22:1; 223:7).

The Kitzur Shulchan Aruch (59:8), Ben Ish Chai (Bereishis 1:7) and Mishna Berura (22:3) write that one should recite the beracha on one’s tallis before reciting shehecheyanu (see Shaar Hatziyun 22:12).

However, the Shulchan Aruch Harav (OC 22:1) and Baer Heitiv (22:2) write that one should recite the beracha of shehecheyanu before one says the beracha on his tallis. R’ Yaakov Kamenetsky (Emes L’yaakov OC 22:n25) and R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:13) concur, asking why the Mishna Berura (225:11) writes that one says shehecheyanu before haeitz when eating a new fruit.

R’ Moshe Feinstein (Igros Moshe OC 3:80) writes that as one does not typically consider a regular pair of tzitzis (begged kattan) to be significant, one does not recite shehecheyanu on a new pair (see Halichos Shlomo, Tefilla 3:n47).

In conclusion, one does not recite shehecheyanu upon buying a regular pair of tzitzis but one does so with a new tallis. One should wait until he wears it for the first time, and recite shehecheyanu before saying the beracha on the tallis.