Sunday, 24 December 2023

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.

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