Building a house on new ground – Warning of Rav Yehuda Hachassid

* This article is an excerpt from the above Sefer

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  1. Building a house on new ground:[1] [Tzavah of Rav Yehuda Hachassid/Sefer Chassidim]

One should not build a house on ground in which a building has never stood. If one already did so, then he should avoid living there for the first full year. According to some versions, Gentiles are to live within the home during the first year. [Some Poskim[2], however rule that there is no need to suspect for this warning and it is not accurate. Other Poskim[3], however, defend this warning and state that it is to be suspected for. Others rule that one may be lenient if a Gentile sleeps in the home for even one night prior to him moving in.[4] Others say the Gentile must live in the home for 30 days.[5] Some Poskim[6] rule that this danger only applies to the owner of the home however it is permitted for him to rent out the home to Jewish tenants even during the first year, and he may then live in it after that year. Some Poskim[7] rule that this entire worry only applies when building a house in the diaspora, and not when building a house in Eretz Yisrael. Some Poskim[8] rule that this worry only applies to an already built city and not to a city being built for the first time. Likewise, it does not apply if he is the first Jew who will live in the city. Some are accustomed to being stringent in all the above even if a home was already built on the property, if it has since been destroyed and he bought it in its destroyed state.[9] Likewise, some are stringent if the building has been damaged and uninhabitable for over seven years.[10]]

A Shul and Beis Midrash:[11] The above worry only applies to a private home, however, by a Shul or Beis Midrash the worry does not apply and hence a new stone building may be built for a Shul.

Slaughtering roosters in the home to avoid the danger:[12] Some are accustomed to do the following in order to circumvent the danger of living in a house built on new property: They take one chicken per family member that is intended to live in the house, a male chicken for a male resident and a female chicken for a female resident. The chickens then remain a full night in the home and are slaughtered the next day as an atonement.

Tikkun to permit living in the home:[13] Some are accustomed to perform the following Tikkun to permit living in the home even in the first year: Three men which have immersed in a Mikveh  are to enter the home and recite the verses of Vihi Noam and Yosheiv Baseiser 91 times. Five men are then each to read one of the five books of Chumash, hence finishing reading the entire Torah.

Expanding an already built home:[14] There is no issue with expanding an already built home to new property,  and one may live in the new quarters even in the first year.

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[1] Tzavaas Rebbe Yehuda Hachassid 17; See Sefer Chassidim 478; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:1-11

[2] Chasam Sofer Y.D. 138; Pischeiy Teshuvah Y.D. 179:4

[3] Shivim Temarim ibid 17-18 argues against the ruling of the Chasam Sofer

[4] Divrei Torah Beis 19; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:6

[5] Mili Dechassidusa on Tzavah ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:6

[6] Avnei Tzedek Y.D. 46 and 48; Hagahos Maharsham on Tzavah; Devar Eliyahu 37; Atzei Chaim 13; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:2

[7] Chasam Sofer Y.D. 138; Devar Eliyahu 37; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:3

[8] Mili Dechassidusa on Tzavah ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:4

[9] Mili Dechassidusa on Tzavah ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:11

[10] Ruach Chaim Y.D. 116:10; Darkei Teshuvah 116:54; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:4

[11] Shivim Temarim ibid; Avnei Tzedek Y.D. 46 and 48; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:5

[12] Chasam Sofer Y.D. 138; Shivim Temarim ibid 17-18; Chaim Bayad 32; Darkei Teshuvah 179:27; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:7

[13] Avnei Tzedek Y.D. 46 and 48; Hagahos Maharsham on Tzavah; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:8

[14] Avnei Tzedek Y.D. 46 and 48; Mili Dechassidusa on Tzavah; Sefer Shemiras Haguf Vihanefesh [Lerner] 208:9

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