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New Cars, Technology, and Sefirah


[By Rabbi Yair Hoffman for the Five Towns Jewish Times]

If you haven’t bought a new car lately (or ever) – it’s a whole new world.

Cruise control, for example, is now adaptive – it matches the speed of the car in front of you. Hondas now have drowsy driver detection as part of its optional Honda Sensing System.
There is automatic emergency braking with pedestrian detection. That means if a kid pops out in front of your car, it can automatically stop because it notices the kid on the bicycle befre you do. There is Apple-Play, that let’s you safely use some features on your phone on the display. There is self-parking technology, and there are now internet hot spots in the car as well.

MAY ONE PLAN BUYING ONE?

All this new car technology, however, brings up the question as to whether one may plan to purchase a new car during the first 33 days of the Counting of the Omer.

THE SHULCHAN ARUCH AND THE MISHNA BRURAH

The Shulchan Aruch (OC 493:1) tells us that during this period it is our custom not to conduct weddings. The Mishna Brurah explains that one should not partake in matters of great joy. “Nonetheless,” he writes, “if it happens that one has the occasion to recite a Shehecheyanu, then he may do so.”

WHAT DID HE MEAN?

This sentence written by the Chofetz Chaim in the early twentieth century has developed a surprising amount of halachic literature over the years. What exactly did he mean by the term “if it happens?” Rav Nissim Karelitz (nephew of the Chazon Ish) in his Chut HaShani halachic work explains that the Chofetz Chaim means that one should not plan one’s happy purchases to occur during this time. In applying his reasoning to our case, one should not at the outset plan to purchase a car during the Sefirah period. If, however, one’s previous car has developed problems and a new car purchase is necessary, then, of course, one may make the purchase.

A DEBATE

Rav Chaim Kanievsky of Bnei Brak (cousin of Rav Nissim Karelitz) disagrees. He explains that the language utilized by the Chofetz Chaim here is “lav davka” not precisely worded. He writes that there is no problem at all in reciting Shehecheyanu blessings during the Sefira period. Rabbi Ben Tzion Abba Shaul zt”l and Rav Shlomo Zalman Auerbach zt”l also agreed with this reading of the Mishna Brurah.

THE STRINGENT OPINION

Not everyone, however agrees with the Mishna Brurah. The Divrei Malkiel as well as numerous other Poskim do write that one should avoid shehecheyanu’s during this time. The custom of Klal Yisroel, however is to be lenient and follow the ruling of the Mishna Brurah.

THE TWO POSSIBLE BRACHOS

There is another issue too. Whenever we make a new and exciting purchase there are two possible brachos that may be recited. At times we recite a “Shehecheyanu” and at times we recite a “Baruch HaTov veHamaitiv.” The Shulchan Aruch (OC 222:1; 175:4 and elsewhere) tells us that “Baruch HaTov VeHamaitiv” is recited when someone else also benefits from the item. A “Shehecheyanu” is recited when only one person benefits from the item.

Thus if two or more people are benefiting, which is usually the case when purchasing a family car, then the “Baruch haTov veHameitiv” is recited instead of a regular shehecheyanu.

Would this make a difference to the followers of either Rav Nissim Karelitz Shlita or those who have the stringent view?

Perhaps it might. The reason is that the words of the bracha of Shehecheyanu indicate an expression of thanks for having allowed us to reach this “special” time. The problem is that the tragic loss of the time may make this time period not so “special.” Regarding the Three Weeks, the Mogain Avrohom (551:42) explains that the idea of not reciting a shehecheyanu is because of the wording, and not because of the idea of mourning. He writes, “However, the reason is not on account of mourning, for we do not find that a mourner is forbidden in reciting a shehecheyanu.” Presumably, the same logic and may apply to the Shehecheyanu. Thus according to the Mogain Avrohom one may be permitted to plan to purchase a family car even at the outset.

Not everyone agrees with the Mogain Avrohom’s contention that it is the Shehecheyanu that is the issue rather than the underlying purchase. The Maamar Mordechai, in fact, (also discussing the three weeks in 551:12) rules that the reason the blessing is not recited is, in fact, because of our mourning and pain. Rav Moshe Feinstein Zatzal discusses the purchase of cars during the Three Weeks in his Igros Moshe (OC III #80) and rules in accordance with the aforementioned Mogain Avrohom and not the Maamar Mordechai.

LEASING IS NOT A PROBLEM

One final thought. Even for those who wish to follow the more stringent view of Rav Nissin Karelitz that the purchase cannot be planned at the outset, one may, however, decide to lease a car. After a lease one does not end up owning the car and therefore there would be no Shehecheyanu recited. The very low interest rates that are available now for new car purchases are currently a deterrent to the idea of leasing.

CONCLUSION

So who do we follow? What is the bottom line halacha?

It would seem that the majority of Poskim understand the Chofetz Chaim’s words as permitting the purchase of a Shehecheyanu during this time and even permit the planning of making such a purchase during this time as well. It may, however, be too late to bake the keys to the new car purchase in the Schlissel Challah.

The author may be reached at [email protected]



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