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Parshas Naso 5785

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Monetary, Interpersonal Laws and Din Torah (33)


Cars and Automobiles: Introduction. For the past number of weeks, we have been discussing the monetary Choshen Mishpat halachos regarding cars and selected laws of driving which apply. There are many other sets of halachos regarding cars that may be found in the other three portions of the Shulchan Aruch, as well. For example, in Orach Chaim there are halachos of Tefillah and Tefillas Haderech, Bentching and berachos on food, washing for bread, Birkas Hagomel, traveling on Erev Shabbos, Shabbos, Eruvin, using and repairing on Chol Hamoed, and the mitzvah of Sukkah. In Yorah Deah there are laws concerning food that is left in cars, or under seats, Hilchos Niddah shailos, transporting a Sefer Torah, learning Torah on the road, etc. In Even Haezer there are numerous halachos regarding Yichud and Tznius which have much relevance to driving.

There are also halachos which are not part of any specific set of halachos in Shulchan Aruch, but are general practices we must be careful to follow, such as safety precautions, performing chessed while driving, and making a Kiddush Hashem on the road.

Basic Obligation. Let us begin with a basic obligation which applies in all areas of life, and especially to people who are driving. One must always maintain himself in a proper state of alertness whenever he is driving. He must be well rested and not risk falling asleep by the wheel. Certainly one cannot be under the influence of alcohol. On Purim, when boys and even adults come around (collecting, etc) to people’s homes and might be driving, the host should not give them any alcoholic drinks. Similarly, when a person is driving, he must be careful not to do anything other than drive. Texting and the like, which might distract him from keeping his mind (and eyes) on the road, is prohibited.

Talking on the phone depends. It is assumed that when using a speaker or Bluetooth, it is safe to drive and the law of the land permits it. If the conversation is intense enough to require extra concentration, it should be pushed off till later. Listening to Torah tapes while driving is a mitzvah of "ובלכתך בדרך" and is also a shmira for a safe trip. However, if one finds that it takes away his concentration, due to the topic at hand, or driving conditions, one should refrain and do his best effort to have a safe trip.


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