A Shehecheyanu. The Mishna, Brachos 54a states, “One who builds a new house or purchases new clothing makes the blessing of “Shehecheyanu vekiyemanu vehigianu lazman hazeh.”

The Gemara, Brachos 59b stipulates that this Shehecheyanu blessing is made on a new home, provided that the new house belongs to one entirely. But if he purchases the house together with a partner, then he makes the blessing of Hatov Vehamaitiv. When the simcha is solely one person’s good fortune then one makes a Shehecheyanu, whereas if it is shared among two or more partners then they make a Hatov Vehamaitiv. Similarly, if one inherits a house together with other heirs then they make a Hatov Vehamaitiv since the simcha is divided among several people.

Harav Yaakov Emden (Mohr Uketzia O.C. 223) notes that this discussion is in regards to one’s primary residence, yet on an investment property one would not make a Shehecheyanu. Tosfos qualifies the Shehecheynu made on a new article of clothing that one only makes it if the simcha of such is comparable to the simcha of buying a new house. This is why they are mentioned together in the same category. However, if that is not the case then one would not make a Shehecheyanu on new clothing. Consequently, nowadays common practice is not to make a Shehecheyanu on clothing as new clothing is bought much more frequently than in the days of old. However, in regards to making a Shehecheyanu on a new house which is an infrequent occurrence there is much discussion.

Rashba and Raavad understand based on the Yerushalmi that one makes the Shehecheyanu blessing on a new home as soon as he closes, even before actually moving into his new house. Upon the signing of his new purchase he is so happy about acquiring his new house that he makes the Shehecheyanu blessing immediately, at the closing table.

Meiri also agrees with Rashba and Raavad that the Shehecheyanu blessing is made immediately at the closing table before moving into his new house.

This halacha of making a Shehecheyanu on a new house or article of clothing is codified in the Rosh, Tur, and Shulchan Aruch, O.C. 223:3.

(The Rosh notes that if it is given to him as a present then he makes a Hatov Vehamaitiv, not a Shehecheyanu.)

Furthermore, Shulchan Aruch rules like these Rishonim that one makes the blessing of Shehecheyanu as soon as the transaction is completed and even before moving into his newly acquired house. This is because the elated level of happiness for the home-buyer starts as soon as the deal is closed, and even before he actually moves into his new home. It is a matter of dispute whether this applies to any house as is, or if it applies strictly when the house is in move-in condition.

The Taz maintains that even if one still has to give his new suit to the tailor to be fitted, or his new house to the contractor to be fixed up, he makes a Shehecheyanu upon acquiring his new purchase regardless. The new house does not have to be in move-in condition.

However Mogain Avrohom argues that if the house or suit still has to be fitted or fixed up, then he does not make the Shehecheyanu until the alterations are completed and the suit is wearable, or the house is in move-in condition.

The Chayei Odom, Klal 62:2 notes that even one who has a wife and/or children with whom he will be sharing his new house, makes a Shehecheyanu as well. Although normally Shehecheyanu is made only if the simcha is of one person’s, this scenario is different. The difference is that he is anyways required to provide a house for his wife and children and so the house is not considered a bona fide gift, but rather the fulfillment of an obligatory purchase. If one would purchase new clothing or gifts which are not mandatory for his wife/children, this would not necessitate a Shehecheyanu but rather a Hatov Vehamaitiv. A house which is mandatory does, in fact, necessitate a Shehecheyanu.

However, Biur Halacha O.C. 223:3 dismisses the claim of Chayei Odom that one makes a Shehecheyanu upon a new house since he is anyways obligated to buy one for his wife and children. He argues that one could just as easily rent a house for his family to live in without buying it and satisfy his obligation accordingly, by renting. Furthermore, all of the gifts which one provides for children above the age of 6 are anyways under the category of charitable gifts rather than mandatory purchases. Therefore, when one goes ahead and purchases a house for his wife and children it is similar to purchasing gifts for them. Accordingly, since the simcha is divided among several people, the blessing of Hatov Vehamaitiv is said, as opposed to the blessing of Shehecheyanu.

According to this view, one’s wife and children are like partners in the house and therefore the blessing of Hatov Vehamaitiv is made, just as when partners buy a house together.

So we have a dispute between Chayei Odom and Biur Halacha regarding the blessing of one who buys a house for his family to live in. According to Chayei Odom the elated new homeowner makes a Shehecheyanu, whereas according to Biur Halacha a Hatov Vehamaitiv is made by all of them.

(Harav Moshe Feinstein (Igros Moshe O.C. 3:80) notes that one makes a Shehecheyanu on a new car if it is for enjoyment. If he has a wife and children who will benefit from the car as well, then he and they all make a Hatov Vehamaitiv. One could possibly reason that although R’ Moshe was discussing a car we see that he agrees to the concept that if one shares his newly acquired purchase with his wife/children then a Hatov Vehamaitiv is made by all, not a Shehecheyanu. So it would seem logical that if R’ Moshe would hold that this is applicable to a house as well like with a car, then he would be machria like the view of Mishna Berura that a Hatov Vehamaitiv is made, over the view of Chayei Odom. However this reasoning is inconclusive since the response to this could be that perhaps this is only with a car since we do not find that a car is a mandatory purchase that one must provide for his wife and children. However with a house, it could be that R’ Moshe agrees to Chayei Odom that it’s a mandatory purchase and therefore the buyer makes a Shehecheyanu. The reverse could also be true that R’ Moshe agrees with the logic of Biur Halacha that it’s not a mandatory purchase since one can anyways satisfy the requirement of providing his wife/children with living quarters through renting a house. Either way is inconclusive. Hence, we cannot conclusively draw a parallel from a car to a house.)

It is interesting to note that R’ Akiva Eiger questions how one can make a Shehecheyanu on a new house immediately after the transaction is completed. After all, he is not able to live in the house until he affixes a mezuzah onto the doorposts of his new house. He references the Mogain Avrohom O.C. 22: who rules that one makes a Shehecheyanu on new clothing only if the clothing is able to be worn by its new owner. But if the clothing still needs alterations then one would not make a Shehecheyanu until the alterations are completed and he dons the clothing. So the same logic follows with a house. If one purchases it but is not yet able to live in it because it is lacking a mezuzah, then he should not be able to make a Shehecheyanu until affixing the mezuzah and thus making his new house ‘habitable.’

Hence, one would not make a Shehecheyanu on his new house immediately after the closing is completed, but rather after he affixes the mezuzah onto the doorpost of his new house. Only then does he make the Shehecheyanu.

This idea of R’ Akiva Eiger of holding off on the Shehecheyanu until the mezuzah is affixed, is mentioned in Shaar Hatziyon 223:21 which would seem to indicate that the Mishna Berura agrees with R’ Akiva Eiger, if not in practice at least in theory, that the Shehecheyanu should not be made until the mezuzah has been affixed.

This challenge of R’ Akiva Eiger would only be according to the view of Mogain Avrohom. But according to the Taz who holds that even if new clothing needs alterations you still make a Shehecheyanu regardless, then it follows that one would indeed make a Shehecheyanu on a new house even before the mezuzah is affixed.

Maamar Mordechai contends that the custom is to make the blessing of Shehecheyanu upon actually using his newly acquired purchase, not merely upon acquiring them. He does not make the Shehecheyanu until wearing his new suit or living in his new house.

Aruch Hashulchan, O.C. 223:6 rules like Mogain Avrohom that similar to new clothing, in the event that the new house that one purchased still needs renovations before it is ready to live in, then a Shehecheyanu is not made. Just as the tailoring of a new suit makes the suit wearable and ready for a Shehecheyanu, so too the renovations of the house trigger a Shehecheyanu by making the house physically habitable.

A Zecher To The Churban

The Gemara Bava Basra, 60b tells that when one builds a new house he should leave an amah by an amah of space on the wall near the entrance to his house without cement, as a symbolic memory of the destruction of the Temple. This is brought in Shulchan Aruch, O.C. 560:01

The Chayei Odom, Klal 137:1 rules that one must leave a zecher to the churban measuring an amah by an amah by the entranceway to his house that is un-cemented. To merely blacken an amah of space is insufficient to serve as a zecher. One must fulfill the actual intent of the Gemara which is to leave the area unfinished. Even if one writes on the black space Zecher Lechurban it is still insufficient. He concludes with a ‘tzarich iyun’ on how people have a custom of doing away with the zecher by merely blackening an amah of space, leaving this custom questionable at best.

This is quoted by Mishna Berura O.C. 560:2 which would seem to indicate that the Chayei Adam’s strong sentiment on this matter is 5 A Zecher to the Churban GILYON BIRCHAS BINYOMIN shared by Mishna Berura. However, interestingly, in Shaar Hatziyon he defends those who have the custom of merely blackening an amah of space noting that they can rely on the Elyah Rabah and the Agudah who were lenient about it.

Accordingly it would seem that the opinion of Mishna Berura is that lechatchila one should make the zecher according to the way Chazal intended, i.e. leaving an amah un-cemented, un-tarred or otherwise unfinished. However we do not need to protest if we find one who makes the zecher by just blackening some space, as he has who to rely on. Mishna Berua takes both views under consideration.

The Aruch Hashulchan, O.C. 560:4-5 points out that we must justify the practice of the majority of Jews who merely leave an area black which is in fact a sufficient zecher for the churban. He defends the custom and points out that since in our times this is considered by many as a zecher to the Churban, then by default that is satisfactory and one need not actually peel off the paint. Rather merely blackening an amah of space would in fact be adequate.

Harav Moshe Feinstein (Igros Moshe O.C. 3:86) expounds upon this topic: He writes that many Poskim including Levush, Sh’lah, Mogain Avrohom, and Pri Migadim speak against those who do away with the zecher to the churban by merely blackening an amah of space on the wall instead of leaving the area un-tarred or otherwise unfinished. Nonetheless, many people indeed have this custom and it needs to be justified accordingly, giving those who practice it the benefit of the doubt. R’ Moshe explains that the purpose of this custom was not to detract or lessen the beauty of one’s house per se but to serve as a reminder for the churban.

Hence, a picture or black spot with the words ‘Zecher Lechurban’ is just as effective as an area left uncemented. He cites proof to this from the Gemara, Bava Kama 59b which records the incident in which Elazar Zeira donned black shoes as a sign of mourning. Tosfos notes that despite the fact that many people wore black shoes and it was not necessarily a symbol of mourning, the straps of those commonly worn shoes were white. However Elazar Zeira deviated from the norm by putting on black shoes which had black straps as well, as a symbol of mourning for Yerushalayim. This is why he got attention and was taken to task for this. R’ Moshe reasons that it does not say that black shoes were a symbol of mourning because they were of lower quality than white shoes, just that black was a sign of mourning in and of itself. Hence, the shoes he was wearing could have very well been high quality shoes, but were still a sign of mourning since the color of the shoes and straps was black.

Furthermore, the Torah scholars in those times were careful to wear only nice clothing as can be found in the Gemara, Shabbos 114a, especially the Torah scholars of Babylonia. So Elazar Zeira was not wearing shoes of inferior quality. Hence, it can be inferred from here that just as the purpose of donning black shoes was to show mourning even if they were of good quality, so too the purpose of the zecher to the churban on the entranceway in one’s house is not to lessen the quality or detract from the nice appearance of his home in any way. It is merely to be a symbolic reminder of the churban.

Hence, this can be accomplished by blackening an amah of space by the entranceway without actually peeling off the paint or damaging it. Also, this custom is a dirabanan and we can be more lenient with it as can be found in the Shaarei Teshuva OC. 560:1 that we are more lenient with regards to making a zecher to the churban.

The aforementioned Shaar Hatziyon 560:8 is also cited by R’ Moshe that we should not protest those who are lenient with the zecher by merely blackening an amah of space.

So in line with the Aruch Hashulchan, R’ Moshe defends the practice of blackening an amah of space without actually peeling off the paint, giving those people who observe the custom in this way the benefit of the doubt.

An Addition

Mishna Berura, O.C. 223:12 notes that if one did not build a new house but merely knocked down his house and built another one in its place, then he does not make a Shehecheyanu. One who extends his house does not make a Shehecheyanu unless he added on another floor, or otherwise increased the height of his house.

This is also the view of R’ Shlomo Zalman Aurbach (Halichos Shlomo, Hilchos Tefillah 23:14) where it is added that even if one did not add an entire floor but merely increased the height of his living space by raising the roof, he would also make a Shehecheyanu.

A Mortgage

If one was approved for a mortgage with a lender wherein the bank owns the majority of his house and he only owns a small percentage, then the question arises should he make a Shehecheyanu on the house as well? Perhaps one should only make a Shehecheyanu in a scenario where he owns 100% of the house, not if he has a mortgage in which case he usually only owns approximately 20% with the bank owning the other 80%?

According to R’ Chaim Polagi (Shailos Veteshuvos Laiv Chayim 3:52) one who must go into debt in order to purchase a house on credit, does not make a Shehecheyanu since the simcha is somewhat tempered by the constant worry of defaulting on his mortgage and losing his house to the bank. Even if he does pay off the loan early e.g. pays off a 30 year mortgage after only 15 years, he still does not make a Shehecheyanu since it is only made at the time of the purchase. It is not made after already living in the property for many years. One who lives in constant fear that he will default and lose his financed purchase to his creditors does not make a Shehecheyanu or a Hatov Vehamaitiv.

Shearim Metzuyanim Bahalacha 59:7 compares this to the idea mentioned in Aruch Hashulchan 223:4 that one who gets married does not make a Shehecheyanu at the time of eirusin since the simcha is not complete until after nesuin. He also cannot make the Shehecheyanu at the time of nesuin since the simcha was already started with the eirusin. This is analogous to one who buys a house with a mortgage. On the one hand, it is a simcha. On the other hand, the simcha is not complete until he pays off his mortgage many years later at which time he cannot make a Shehecheyanu anymore since the house is not being bought at that time. Shehecheyanu is only made by one who is genuinely happy about a new and complete purchase.

Accordingly, one should not make a Shehecheyanu on a new house with a mortgage as the simcha is incomplete.

R’ Moshe Stern ( Teshuvos Be’er Moshe 5:68) explains that when Chazal say that one should make a Shehecheyanu or Hatov Vehamaitiv on a new house, this refers to an all-cash transaction

where the property belongs completely to the new owner. That is when the simcha is so great that the elated first-time homebuyer makes a Shehecheyanu or Hatov Vehamaitiv. The reason why the custom today is not to make a blessing is because a house is usually purchased with a mortgage where the lender owns the majority of the house and the homeowner owns a small percentage of the house, sometimes even 5% or less.

He agrees with the view of the Laiv Chayim that one should not make a Shehecheyanu on his house if the simcha is somewhat hindered by the fear of default or foreclosure. (He argues against the view of Tzitz Eliezer and sides with R’ Chayim Polagi that no Shecheyanu is made.) Firstly, he only owns a small percentage of the house. Secondly, he lives in constant worry over how he will make his mortgage payment every month for 30 years. So no Shehecheyanu is made if the property is procured with a mortgage.

However, Harav Eliezer Yehuda Waldenberg (Teshuvos Tzitz Eliezer, 12:19) cites the Laiv Chayim but argues that one should indeed make a Shehecheyanu on his new house even if he goes into debt for it. We only reckon with the ‘Baasher hu shom.’ Meaning, since at the time of the purchase he is happy about his new house, the possibility that he will worry in the future about his payments is not just cause to do away with the Shehecheyanu. Tzitz Eliezer argues in favor of making a Shehecheyanu at the time of purchase even if one enters into a mortgage loan agreement. A home-buyer is quite happy about his purchase and this is not negated by the fact that he must make payments on his house. He contends that most people do eventually pay off their mortgage anyways and own their home completely. Thus, the level of worry of default and/or foreclosure is negligible.

Accordingly Tiztiz Eliezer rules as a matter of Halacha that any purchase that one normally makes a Shehecheyanu or Hatov Vehamaitiv on, he would make the blessing for even if he as to finance the purchase. It is due to the elated and ecstatic level of happiness that a first-time homebuyer enjoys upon closing on his new house, that he makes the blessing of Shehecheyanu or Hatov Vehamaitiv.

Ben Ish Chai (Parshas Re’eh Ois 6) says that the custom is not to make a Shehecheyanu on the house right away but to make a festive celebration of gratitude in honor of the new house. Then, at the chanukas habayis he should wear a new suit, make a Shehechayanu on it and have in mind the house as well. This is also cited by Kaf Hachayim (O.C. 223:17) as a way of placating both views on the matter.

Harav Ovadya Yosef (Chazon Ovadya ,Brachos Shonos P. 395) takes the approach of Tzitz Eliezer that one who purchases a home with a mortgage, is working, has income, and assesses reasonably that he will be able to make the payments, does in fact make the Shehecheyanu or the Hatov Vehamaitiv on his new house.

It is not the intention of this strictly informational work to be machria on any issues discussed here. For a final ruling on making a Shehecheyanu or Hatov Vehamaitiv on a new house with a mortgage, or on how to make a proper zecher lechurban in one’s house, a Halachic authority must be consulted.

A Guten Shabbos!

Written by: Binyomin Radner

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