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There is a rabbinic<ref>The Gemara Gittin 8b | {{Good}} | ||
<p class="indent">There are | There is a rabbinic<ref>The Gemara Gittin 8b explicitly state that Amirah LeNochri is only a rabbinic prohibition. Additionally, the Ramban Shemot 12:16 writes that even though the Mechilta learns Amirah LeNochri from a pasuk, it is only an asmachta. Rav Hershel Schachter [http://www.yutorah.org/lectures/lecture.cfm/802426/Rabbi_Hershel_Schachter/Shiur_# in a shiur on yutorah.org (Shabbat Shiur #50, min 0-2)] explained that Amirah LeNochri is a rabbinic prohibition that is patterned after (Ke'eyn Deoritta) the din deoritta of Amirah LeGer Toshav, of which Tosfot (Yevamot 48b s.v. Zeh Ger) writes that asking a Ger Toshav to do a melacha on [[Shabbat]] for the benefit of a Jew is a biblical violation of [[Shabbat]].</ref> prohibition to ask a non-Jew to do work for oneself on [[Shabbat]].<ref>One of the earliest sources of this prohibition is the Mishna ([[Shabbat]] 121a) that states that it is forbidden to ask a non-Jew to put out a fire on [[Shabbat]]. Rashi (150a s.v. Amirah) writes that this Mishna is the source for Amirah LeNochri. </ref> | ||
There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. < | <p class="indent">There are four reasons for the Rabbinic prohibition to instruct a non-Jew to perform work for a Jew on [[Shabbat]]: (1) asking a non-Jew to do work will cause a laxity in the observance of [[Shabbat]],<ref>Rambam Shabbat 6:1</ref> (2) Yishayahu the prophet instructs us “[[Daber Davar]]” - that one’s speech on [[Shabbat]] should be different from one’s speech on the weekdays,<ref>Yishayahu 58:13, Rashi Avoda Zara 15a s.v. kiyvan</ref> and (3) instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender<ref>Rashi Shabbat 153a s.v. may</ref>,<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 63-4) </ref> and (4) There is an allusion from the verse כל מלאכה לא יֵעָשֶׂה that work may not be done on the behalf Jews even by non-Jews.<ref>Rashi on Shemot 12:16</ref></p> | ||
There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew.<ref>Shabbat 122a, Shulchan Aruch O.C. 276:2, 39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat Shabbat KeHilchata 30:1 </ref> See also [[Summary of Amirah LeNochri]]. | |||
==Telling a non-Jew to do a forbidden activity== | ==Telling a non-Jew to do a forbidden activity== | ||
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself.< | |||
# It’s forbidden to tell a non-Jew to do something that is forbidden on [[Shabbat]] whether it is a | #It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself.<ref>Shemirat Shabbat KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, and Shulchan Aruch O.C. 307:2. See Shulchan Aruch O.C. 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew to do. </ref> | ||
* Tosfot ([[Shabbat]] 121a s.v. Ein) writes that it is forbidden to ask a non-Jew to do a derabbanan prohibition on [[Shabbat]]. He proves his point from two gemaras. 1) The Gemara [[Shabbat]] 150a states that on [[Shabbat]] it is forbidden to ask a non-Jew to hire another non-Jew to work for the Jew. 2) Gemara Eiruvin 67b which quotes Rabba as holding that it is permitted to carry hot water for a baby, who is about to have a [[Brit Milah]], through a courtyard that didn't have an Eruv. This gemara implies that it is only permitted to ask a non-Jew to do a derabbanan prohibition on [[Shabbat]] for a mitzvah or for [[Brit Milah]] in particular, but not in general. | #It’s forbidden to tell a non-Jew to do something that is forbidden on [[Shabbat]] whether it is a biblical or Rabbinic prohibition.<ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. The following rishonim hold that it is forbidden to ask a non-Jew to do derabbanan prohibitions on [[Shabbat]]: | ||
* Tosfot (Gittin 8b) writes that it is only permitted to ask a non-Jew to do a derabbanan prohibition for a mitzvah in the case of [[Brit Milah]], but there's no proof about this being permitted for any other mitzvah. The Ramban ([[Shabbat]] 130b s.v. VeChen Ani) agrees that Amirah LeNochri is only permitted for a derabbanan prohibition in the case of [[Brit Milah]].</ref> | |||
# It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights. < | *Tosfot ([[Shabbat]] 121a s.v. Ein) writes that it is forbidden to ask a non-Jew to do a derabbanan prohibition on [[Shabbat]]. He proves his point from two gemaras. 1) The Gemara [[Shabbat]] 150a states that on [[Shabbat]] it is forbidden to ask a non-Jew to hire another non-Jew to work for the Jew. 2) Gemara Eiruvin 67b which quotes Rabba as holding that it is permitted to carry hot water for a baby, who is about to have a [[Brit Milah]], through a courtyard that didn't have an Eruv. This gemara implies that it is only permitted to ask a non-Jew to do a derabbanan prohibition on [[Shabbat]] for a mitzvah or for [[Brit Milah]] in particular, but not in general. | ||
*Tosfot (Gittin 8b) writes that it is only permitted to ask a non-Jew to do a derabbanan prohibition for a mitzvah in the case of [[Brit Milah]], but there's no proof about this being permitted for any other mitzvah. The Ramban ([[Shabbat]] 130b s.v. VeChen Ani) agrees that Amirah LeNochri is only permitted for a derabbanan prohibition in the case of [[Brit Milah]].</ref> However, it is permitted to ask a non-Jew to do something which is only a chumra or minhag for a Jew not to do.<ref>Mishna Brurah 307:8, [https://www.hebrewbooks.org/pdfpager.aspx?req=49108&st=&pgnum=195 Melachim Emunecha 7:3]</ref> | |||
#It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64) </ref> | |||
===Hints which also include a command=== | ===Hints which also include a command=== | ||
# Just as it’s forbidden to tell a non-Jew to do work on [[Shabbat]] it’s also forbidden to hint using words of command or to make motions that imply a command to do work. < | |||
# Example of a hint that do include a command are: “Why didn’t you turn off the light last [[Shabbat]]”, “Do me a favor, there’s not enough light in the room”, “Anyone who turns off the flame won’t | #Just as it’s forbidden to tell a non-Jew to do work on [[Shabbat]] it’s also forbidden to hint using words of command or to make motions that imply a command to do work.<ref>Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3, 39 Melachos (Rabbi Ribiat; vol 1 pg 71) </ref> | ||
#Example of a hint that do include a command are: “Why didn’t you turn off the light last [[Shabbat]]”, “Do me a favor, there’s not enough light in the room”, “Anyone who turns off the flame won’t lose”, <ref>Shemirat Shabbat KeHilchata 30:5-7 </ref> or “ If you lower the flame, I will reward you for your effort”.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 71) </ref> | |||
===Hints which don’t include a command=== | ===Hints which don’t include a command=== | ||
# Some say that it is permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. Others limit this leniency. < | |||
* Rav Nissim Karlitz in Chut Shani (v. 3 p. 210) agrees that one may hint to a non-Jew to do melacha with a hint that doesn't include a command, but adds that it has to be a case where it doesn't appear as though one may have commanded the non-Jew on [[Shabbat]], such as if it is an action that is done commonly without the permission of the employer. | #Some say that it is permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. Others limit this leniency.<ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3. Rav Hershel Schachter in a shiur on [http://www.yutorah.org/lectures/lecture.cfm/801713/Rabbi_Hershel_Schachter/Shiur_# yutorah.org (Shabbat Shiur #42, min 68-70)] agrees but uses different terminology (subtle hints are permitted in a case where the benefit is permitted, such as turning off the lights). | ||
* Similarly, Betzel HaChachma 6:65:3 allows a hint which doesn't include a command as long as the non-Jew is not using the Jew's items (otherwise, there is a question of having to protest the non-Jew doing melacha on [[Shabbat]]). See also, | |||
* On the other hand, Rav Shlomo Zalman Auerbach (Minchat Shlomo 2:35:13, or in Bar Ilan's responsa, 2:60:13) writes that he doesn't understand how it would be permitted to hint to a non-Jew to do a melacha on [[Shabbat]]. He explains that it isn't similar to the Mishna Brurah 307:76 who permits hinting, in a way that doesn't include a command, to fix the candle so that it lights better. In that case, the non-Jew simply fixed an existing service but didn't originate anything. He also says that a hint that doesn't include a command is permitted for putting out a fire, since the Jew doesn't benefit from the primary action of the non-Jew. For example, Rav Shlomo Zalman disagrees with the Shemirat | *Rav Nissim Karlitz in Chut Shani (v. 3 p. 210) agrees that one may hint to a non-Jew to do melacha with a hint that doesn't include a command, but adds that it has to be a case where it doesn't appear as though one may have commanded the non-Jew on [[Shabbat]], such as if it is an action that is done commonly without the permission of the employer. | ||
* Rav Yosef Shalom Elyashiv (cited by Rav Zilberstein in Malachim Emunecha p. 109) agrees that it is forbidden to hint, even if it doesn't include any command, to the non-Jew to a do any melacha. He says that its is only permitted when the non-Jew is only fixing an existing flame but not creating anything new. In fact, Rav Elyashiv even forbids saying "it is light in the room and I can't go to sleep" since the Jew will benefit from the actions of the non-Jew if he turns off the light. | *Similarly, Betzel HaChachma 6:65:3 allows a hint which doesn't include a command as long as the non-Jew is not using the Jew's items (otherwise, there is a question of having to protest the non-Jew doing melacha on [[Shabbat]]). See also, Shulchan Aruch HaRav 307:7. | ||
* Rav Shternbuch (Teshuvot VeHanhagot 1:284) distinguishes between activities that are deoritta (Biblically forbidden) and derabbanan and only permits a hint without a command for a derabbanan. | *On the other hand, Rav Shlomo Zalman Auerbach (Minchat Shlomo 2:35:13, or in Bar Ilan's responsa, 2:60:13) writes that he doesn't understand how it would be permitted to hint to a non-Jew to do a melacha on [[Shabbat]]. He explains that it isn't similar to the Mishna Brurah 307:76 who permits hinting, in a way that doesn't include a command, to fix the candle so that it lights better. In that case, the non-Jew simply fixed an existing service but didn't originate anything. He also says that a hint that doesn't include a command is permitted for putting out a fire, since the Jew doesn't benefit from the primary action of the non-Jew. For example, Rav Shlomo Zalman disagrees with the Shemirat Shabbat KeHilchata and forbids saying "it is dim in the room and I can't read" to hint to the non-Jew to turn on the lights. | ||
</ref> Regarding benefiting from such work, see further. | *Rav Yosef Shalom Elyashiv (cited by Rav Zilberstein in Malachim Emunecha p. 109) agrees that it is forbidden to hint, even if it doesn't include any command, to the non-Jew to a do any melacha. He says that its is only permitted when the non-Jew is only fixing an existing flame but not creating anything new. In fact, Rav Elyashiv even forbids saying "it is light in the room and I can't go to sleep" since the Jew will benefit from the actions of the non-Jew if he turns off the light. | ||
# A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” < | *Rav Shternbuch (Teshuvot VeHanhagot 1:284) distinguishes between activities that are deoritta (Biblically forbidden) and derabbanan and only permits a hint without a command for a derabbanan. | ||
# If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on. < | </ref> Regarding benefiting from such work, see further. | ||
# It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. < | #A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” <ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70) </ref> “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”.<ref>Shemirat Shabbat KeHilchata 30:5-6 </ref> | ||
# It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the [[mail]]. < | #If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on.<ref>Shemirat Shabbat KeHilchata 30:7 </ref> | ||
#It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”.<ref>Shemirat Shabbat KeHilchata 30:8 </ref> | |||
#It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the [[mail]].<ref>Shemirat Shabbat KeHilchata 30:10 </ref> | |||
===On His Own Initiative=== | ===On His Own Initiative=== | ||
# One may tell a non-Jew to do a permissible activity even if | |||
# It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water. < | #One may tell a non-Jew to do a permissible activity if it is possible to be done in a permissible way, even if it is clear that the non-Jew will do a prohibited activity while doing that task. If the non-Jew has in mind that the Jew will benefit directly from the prohibited activity then it is prohibited.<ref>Shemirat Shabbat KeHilchata 30:24</ref> Some say that this leniency is only applicable if it is reasonable that the non-Jew would do it in the permissible way.<ref>Orchot Shabbat p. 466</ref> For example, if asking a non-Jew to bring up food to the tenth floor will obviously mean that he'll use the elevator and not the stairs; therefore, some permit and some forbid.<ref>Dor Hamelaktim v. 1 p. 57 quotes Rav Elyashiv (Shvut Yitzchak v. 17 p. 52) and Orchot Shabbat 23:53 as strict and Shemirat Shabbat Kehilchata 30:25 as lenient. </ref> | ||
# It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator. < | #It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water.<ref>Shemirat Shabbat KeHilchata 30:24, Dor Hamelaktim v. 1 p. 57 citing Rav Moshe Feinstein (Rishumei Aharon 325:7) </ref> | ||
# It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing. < | #It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator.<ref>Shemirat Shabbat KeHilchata 30:25 </ref> | ||
#It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing.<ref>Shemirat Shabbat KeHilchata 30:26 </ref> | |||
===If the non-Jew asks=== | ===If the non-Jew asks=== | ||
# If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate | |||
#If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate if such an action was done”.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref> | |||
==Reasons to Permit Amirah LeNochri== | ==Reasons to Permit Amirah LeNochri== | ||
===For a Sick Person=== | ===For a Sick Person=== | ||
# It’s permissible to ask a non-Jew to perform any Melacha, even one which is forbidden Deoritta (biblically), for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, severe earache, or migraine headaches).<ref>The Gemara [[Shabbat]] 129a states that it is permitted to ask a non-Jew to do melacha, even if it is deoritta, for a sick person. | |||
# Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold. < | #It’s permissible to ask a non-Jew to perform any Melacha, even one which is forbidden Deoritta (biblically), for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, severe earache, or migraine headaches).<ref>The Gemara [[Shabbat]] 129a states that it is permitted to ask a non-Jew to do melacha, even if it is deoritta, for a sick person. Shulchan Aruch 328:17 and Shemirat Shabbat KeHilchata 30:11 codify this as halacha. The 39 Melachos (vol. 1, p. 73-4) gives a few a examples for above halacha: hospital patient, someone confined to bed out of illness, someone with the flu, severe toothache, severe earache, and a migraine.</ref> | ||
# For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan. < | #Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold.<ref>Shulchan Aruch O.C. 276:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref> | ||
# It’s permissible to tell a non-Jew to do a forbidden activity on [[Shabbat]] for the health of a sick person even if it’s not a sickness that’s life threatening. < | #For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan.<ref>Shulchan Aruch O.C. 307:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref> | ||
# One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine. < | #It’s permissible to tell a non-Jew to do a forbidden activity on [[Shabbat]] for the health of a sick person even if it’s not a sickness that’s life threatening.<ref>Shemirat Shabbat KeHilchata 30:11 </ref> | ||
# In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing. < | #One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine.<ref>Shemirat Shabbat KeHilchata 30:11 </ref> | ||
# If one set the air conditioning to stay on for [[Shabbat]] and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning. <ref>Sh"t Igrot Moshe OC 3:42, Shemirat | #In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing.<ref>Shulchan Aruch 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, [http://www.dailyhalacha.com/Display.asp?ClipID=591 Rabbi Mansour on dailyhalacha.com]</ref> | ||
# In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather. < | #If one set the air conditioning to stay on for [[Shabbat]] and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning.<ref>Sh"t Igrot Moshe OC 3:42, Shemirat Shabbat KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref> | ||
#In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather.<ref>Shemirat Shabbat KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref> | |||
===For a Mitzvah=== | ===For a Mitzvah=== | ||
# For the purpose of a mitzvah, it’s permissible to ask a non-Jew to perform a Melacha only if it is only forbidden MeDeRabbanan. < | |||
# For the need of a mitzvah of congregation of people, we rely on the opinion who says that it is permitted to ask a non-Jew to do melacha for the purpose of a mitzvah. <ref>Shemirat | #For the purpose of a mitzvah, it’s permissible to ask a non-Jew to perform a Melacha only if it is only forbidden MeDeRabbanan.<ref>Gemara Eruvin 67b, Shulchan Aruch 307:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74-5) </ref> Similarly, to serve unexpected guests it is permitted to ask a non-Jew to do a derabbanan.<ref>Shemirat Shabbat KeHilchata 30:14 </ref> | ||
# Some say that this leniency of permitting Amirah LeNochri for the mitzvah of a congregation only applies to a mitzvah that is to occur on [[Shabbat]], but not for a mitzvah that is to happen after [[Shabbat]]. Others disagree. <ref>Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that there is room to debate whether the leniency of permitting Amirah LeNochri for the mitzvah of the multitude is a dispensation of the prohibition, in which case it stands to reason that it is only permitted if the mitzvah occurs on [[Shabbat]], or whether chazal never instituted Amirah LeNochri in such a case, in which case it would be permitted even for a mitzvah that is to happen after [[Shabbat]]. See the Machasit HaShekel 307:8 allows Amirah LeNochri on a derabbanan for a mitzvah of the multitude that is to occur tomorrow, yet, the Taz 655:2 seems to forbid it. | #For the need of a mitzvah of congregation of people, we rely on the opinion who says that it is permitted to ask a non-Jew to do melacha for the purpose of a mitzvah.<ref>Shemirat Shabbat KeHilchata 30:23, 39 Melachos (Rabbi Ribiat; vol 1, pg 75), Mishna Brurah 276:25. See also the Ramban ([[Shabbat]] 130b) regarding Gittin 8b. </ref> | ||
# Some say that it is forbidden to ask a non-Jew to violate [[Shabbat]] in order to allow a congregation of people to learn Torah since [[learning Torah]] is supposed to lead to the practical fulfillment of Torah and not its | #Some say that this leniency of permitting Amirah LeNochri for the mitzvah of a congregation only applies to a mitzvah that is to occur on [[Shabbat]], but not for a mitzvah that is to happen after [[Shabbat]]. Others disagree.<ref>Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that there is room to debate whether the leniency of permitting Amirah LeNochri for the mitzvah of the multitude is a dispensation of the prohibition, in which case it stands to reason that it is only permitted if the mitzvah occurs on [[Shabbat]], or whether chazal never instituted Amirah LeNochri in such a case, in which case it would be permitted even for a mitzvah that is to happen after [[Shabbat]]. See the Machasit HaShekel 307:8 allows Amirah LeNochri on a derabbanan for a mitzvah of the multitude that is to occur tomorrow, yet, the Taz 655:2 seems to forbid it. Ketav Sofer OC 116 explains the Rambam Shabbat 6:10 as saying that it is permitted to ask a non-Jew to bring a shofar from a tree on Shabbat for Yom Tov on Sunday, however, he isn't certain whether it is permitted since Shulchan Aruch doesn't quote that Rambam. </ref> | ||
# If it is necessary, in order to buy a [[land of Israel]] from non-Jews on [[Shabbat]], it is permissible to have a non-Jew write the document confirming the sale on [[Shabbat]]. <ref>Gemara Gittin 8b, | #Some say that it is forbidden to ask a non-Jew to violate [[Shabbat]] in order to allow a congregation of people to learn Torah since [[learning Torah]] is supposed to lead to the practical fulfillment of Torah and not its desecration. Others, however, argue that in this regard [[learning Torah]] is no different than any other mitzvah and it is permitted to ask a non-Jew to violate [[Shabbat]] in order to allow a congregation of people to learn Torah on [[Shabbat]].<ref>The Pitchai Teshuva OC 276 quotes Rav Yitzchak Chaver who suggests that just like Torah is unlike other Mitzvot with regards to exempting one who is involved with a mitzvah from performing another mitzvah (osek be'mitzvah patur min hamitzvah) perhaps the same is true for Amirah LeNochri. The reason that [[learning Torah]] doesn't exempt one from performing other mitzvot is because Torah is supposed to practical fulfillment of Torah and mitzvot. Similarly, [[learning Torah]] can't be used as a valid dispensation of the prohibition of Amirah LeNochri for the sake of a mitzvah of the multitude (Mitzvah De'rabbim). The Orchot Chaim 514:7 disagrees and permits Amirah LeNochri for a congregation to learn Torah. 39 Melachos (vol 1, p. 75, n. 284a) quotes Rav Aharon Kotler as also permitting. Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that those who disagree with Rav Yitzchak Chaver hold that we don't view the mitzvah of the multitude as a dispensation for Amirah LeNochri, but rather for the mitzvah of the multitude, chazal never introduced a prohibition. If so, there's no distinction between [[learning Torah]] and any other mitzvah. </ref> | ||
#If it is necessary, in order to buy a [[land of Israel]] from non-Jews on [[Shabbat]], it is permissible to have a non-Jew write the document confirming the sale on [[Shabbat]].<ref>Gemara Gittin 8b, Shulchan Aruch 306:11. | |||
Chazon Ovadia Shabbat Vol. 3, Laws of Amira Lenochri, halacha 3. </ref> | |||
===For The Need of Many People=== | ===For The Need of Many People=== | ||
# In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta if that is necessary. For example, it is permissible to ask a non-Jew to fix the eruv if it fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally. If the eruv string fell and the non-Jew can retie it with a bow, he should do so. If he can’t tie it with a bow, the non-Jew should tie it with a double knot < | |||
# In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta. < | #In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta if that is necessary. For example, it is permissible to ask a non-Jew to fix the eruv if it fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally. If the eruv string fell and the non-Jew can retie it with a bow, he should do so. If he can’t tie it with a bow, the non-Jew should tie it with a double knot <ref>Shemirat Shabbat KeHilchata 30:23, 39 Melachos (Rabbi Ribiat; vol 1, pg 75), Mishna Brurah 276:25. See also the Ramban ([[Shabbat]] 130b) regarding Gittin 8b. </ref> | ||
# It’s permissible to ask a non-Jew to remove an obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan. < | #In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 75) </ref> | ||
#It’s permissible to ask a non-Jew to remove an obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan.<ref>Shemirat Shabbat KeHilchata 30:23 </ref> | |||
===Great Need=== | |||
#In general, it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, it is permitted for a great need or big loss.<ref>Shulchan Aruch 307:5, Shemirat Shabbat KeHilchata 30:14 </ref> | |||
===To Save Sefarim=== | ===To Save Sefarim=== | ||
# One may ask a non-Jew to do a forbidden activity on [[Shabbat]] in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house. < | |||
#One may ask a non-Jew to do a forbidden activity on [[Shabbat]] in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house.<ref>Shemirat Shabbat KeHilchata 30:12 </ref> | |||
===For a Big Loss=== | ===For a Big Loss=== | ||
# If one is about to have a big loss it is permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on [[Shabbat]] to prevent that loss. < | |||
#If one is about to have a big loss it is permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on [[Shabbat]] to prevent that loss.<ref>Gemara [[Shabbat]] 121a, Rosh ([[Shabbat]] 16:10) quoting the Behag, Shulchan Aruch O.C. 307:19, Shulchan Aruch O.C. 334:26, Shemirat Shabbat KeHilchata 30:13 </ref> | |||
===A Questionable Prohibition=== | |||
#Anything which is a dispute whether it is forbidden for a Jew to do may be done by a non-Jew on Shabbat.<ref>Tiferet Yisrael in Kalkelet Hashabbat (Amira Lnochri 7:5) writes that anything which is a dispute is permitted to be done by a non-Jew. Pri Megadim M"Z 314:11 explains that the Maharshal does not hold of the principle of the Tiferet Yisrael that anything which is a dispute is permitted through a non-Jew. [https://www.hebrewbooks.org/pdfpager.aspx?req=49108&pgnum=193 Melachim Emuncha 7:1] quotes this dispute.</ref> | |||
# If something is a dispute whether it is forbidden from the Torah or rabbis there is a discussion whether it could be permitted for a mitzvah under extenuating circumstances. Each case can be asked to a rabbi. Examples: | |||
## Asking a non-Jew to bring a shofar from beyond the techum, even if it is 12 mil, under extenuating circumstances.<ref>Shaar Hatziyun 586:122 writes that in an extenuating circumstance it is permitted to ask a non-Jew to carry a shofar from beyond the techum even of 12 mil for a mitzvah. Since Tosfot and the majority of poskim hold that all of techum is rabbinic especially on Yom Tov, even though the Rambam and Rif hold techum of 12 mil is biblical it is permitted to ask a non-Jew when it is for a mitzvah and an extenuating circumstance. </ref> | |||
## Asking a non-Jew to carry from a private domain to another private domain through a public domain.<Ref> [https://www.hebrewbooks.org/pdfpager.aspx?req=49108&st=&pgnum=195 Melachim Emuncha ch. 7 fnt. 4] quotes the Shaarei Tziyon 8 based on the Bet Halevi permits asking a non-Jew to carry from one private domain to another through a public domain because it is possible that the non-Jew will not stop in the public domain in which case the carrying will only be rabbinic (even though it is a dispute whether it is biblical). He is holding that carrying in a public domain in a large city is biblical.</ref> | |||
## Asking a non-Jew to fix a Sukkah on Yom Tov if it fell down.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=49108&st=&pgnum=194 Melachim Emuncha ch. 7 fnt. 3] cites the Beer Yitzchak 13:9 who says that one could ask a non-Jew to fix a Sukkah on Yom Tov since building on Yom Tov according to Tosfot is only rabbinic, while according to the Rambam it is biblical however we could add the opinion of the Itur that Amirah Lnochri even for a biblical prohibition is permitted for a mitzvah. Melachim Emuncha notes that Beer Yitzchak didn't simply say that we can ask a non-Jew to do something which is a dispute whether it is biblical or rabbinic for a mitzvah purpose.</ref> | |||
==Telling a Non-Jew on Shabbat to Work After Shabbat== | ==Telling a Non-Jew on Shabbat to Work After Shabbat== | ||
# It’s forbidden to tell a non-Jew on [[Shabbat]] to do a prohibited activity after [[Shabbat]]. <ref> Mishna Brurah 307:9, Shemirat | |||
# It’s permissible to hint to a non-Jew on [[Shabbat]] to do work after [[Shabbat]] even using a hint that includes words of command. < | #It’s forbidden to tell a non-Jew on [[Shabbat]] to do a prohibited activity after [[Shabbat]].<ref>Mishna Brurah 307:9, Shemirat Shabbat KeHilchata 30:2 </ref> | ||
# It’s permissible to tell a non-Jew on [[Shabbat]] “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after [[Shabbat]]). <ref>Shemirat | #It’s permissible to hint to a non-Jew on [[Shabbat]] to do work after [[Shabbat]] even using a hint that includes words of command.<ref>S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat Shabbat KeHilchata 30:3 </ref> | ||
#It’s permissible to tell a non-Jew on [[Shabbat]] “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after [[Shabbat]]).<ref>Shemirat Shabbat KeHilchata 30:9 </ref> | |||
==Telling a non-Jew before or after Shabbat== | ==Telling a non-Jew before or after Shabbat== | ||
#It’s forbidden to tell a non-Jew before or after [[Shabbat]] to do a prohibited activity on [[Shabbat]].<ref>S”A 307:2, Shemirat Shabbat KeHilchata 30:2 </ref> | |||
#It’s permissible to hint before [[Shabbat]] or after [[Shabbat]] to a non-Jew to do work on [[Shabbat]] even using a hint that includes words of command.<ref>S”A 307:2, Shemirat Shabbat KeHilchata 30:3 </ref> | |||
#Before [[Shabbat]] it’s permissible to tell a non-Jew “Why didn’t you open the [[mail]] last [[Shabbat]]?” (before [[Shabbat]] using a hint with a command for work).<ref>Shemirat Shabbat KeHilchata 30:10 </ref> | |||
== | ==Amirah LeNochri for Certain Melachot== | ||
===Muktzeh=== | |||
# One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before [[Shabbat]] that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined. < | |||
#One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before [[Shabbat]] that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined.<ref>Shemirat Shabbat KeHilchata 30:21 </ref> | |||
===Kibbuy=== | |||
#If a non-Jew comes to put out a fire, one doesn't need to stop them.<ref>Mishna [[Shabbat]] 121a, Shulchan Aruch 334:25</ref> | |||
#It is permitted to say in front of non-Jews "Anyone who puts out the fire won't lose out." Additionally, it is permitted to call a non-Jew to come over to the fire even if he will certainly put it out when he comes.<ref>Gemara [[Shabbat]] 121a, Rosh 16:10, Shulchan Aruch 334:26</ref> | |||
===Preparing=== | |||
#It is forbidden to ask a non-Jew to do an activity on Shabbat that is for after Shabbat even it is with non-melacha activities since a Jew that would certainly be forbidden to do so as it is preparing ([[hachana]]) for after Shabbat. For example, one may not ask a non-Jew to clean dishes on Shabbat for after Shabbat.<ref>Melachim Emuncha (Rabbi Zilberstein, 1:11, p. 40) concludes with many proofs that it is forbidden to do [[hachana]] through amirah lenochri. The 39 Melachos (Rabbi Ribiat, v. 1 fnt. 314) discusses if the entire concept of amirah lenochri only applies to melachot and not to the neglect of positive mitzvot of Shabbat. His conclusion is unclear and seems to be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=205 Mechezeh Eliyahu 63:35 p. 180] cites the Magen Avraham 321:7 who implies clearly that there is amirah lenochri for [[hachana]], while the Eliyah Rabba 252:12 clearly seems to permit it, he also cites a Pri Megadim who seems to be in doubt on the matter, however, his conclusion is that it is forbidden based on numerous Mishna Brurah's unless there is a financial loss. Mishna Brurah 319:62 is clear that there is amira lenochri for hachana.</ref> | |||
##Practically, it is forbidden to ask a non-Jewish custodian in shul to clean up from Seudat Shelishit while it is still Shabbat since it is preparing. Similarly, it is forbidden to ask a non-Jewish caterer clean up from an event on Shabbat since it is preparing for after Shabbat. However, if they prefer to do the cleanup on Shabbat as opposed to afterwards it is permitted to let them do so.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/874130/rabbi-yaakov-b-neuburger/amira-lnachri-and-pikuach-nefesh-shiur-6/ Rabbi Neuberger in Amirah Lnachri Shiur 6 (min 32-6)] says that generally it is forbidden because of amirah lenochri on hachana. However, if the non-Jew is working on his own schedule and he prefers to do the cleanup on Shabbat as opposed to after Shabbat that is permitted. Nonetheless, on a regular basis it is a problem to let the non-Jew clean up on Shabbat is a problem since it is a zilzul Shabbat.</ref> | |||
==During [[Bein HaShemashot]]== | |||
#During [[Bein HaShemashot]], between [[Shekiyah]] until close to [[Tzet HaKochavim]], it’s permissible to ask a non-Jew to do any forbidden activity on [[Shabbat]] if there’s a great need, a need for [[Shabbat]], or a need for a mitzvah.<ref>S”A 261:1, Shemirat Shabbat KeHilchata 30:27 </ref> | |||
#Therefore, during [[Bein HaShemashot]], one may ask a non-Jew to turn on the lights in the room where one will have the [[Shabbat]] meals.<ref>Shemirat Shabbat KeHilchata 30:27 </ref> | |||
#Therefore, if one forgot to light [[Shabbat]] candles, one may ask a non-Jew during [[Bein HaShemashot]] to light the candles, however, one shouldn’t make a Bracha on such a lighting.<ref>Shemirat Shabbat KeHilchata 30:27 </ref> | |||
==Different Time Zones== | |||
#Some say that it is permitted for a Jew who is in a location where it isn't Shabbat to ask a non-Jew who is in a location where it is Shabbat to do melacha for them since we follow the location of the Jew. This is relevant to a Jew in Israel asking a non-Jew in America to do melacha after Shabbat for the next 7 hours. Alternatively, if a Jew in California calls a non-Jew in New York before Shabbat starts in California but it already started in New York.<ref>Yalkut Yosef Shabbat 5752 v. 2 p. 243 307:3:9</ref> | |||
==Requesting one non-Jew to tell another== | ==Requesting one non-Jew to tell another== | ||
# Instructing one non-Jew to tell another non-Jew to do a forbidden activity on [[Shabbat]] is a major dispute and many hold that one | |||
#Instructing one non-Jew to tell another non-Jew to do a forbidden activity on [[Shabbat]] is a major dispute and many hold that one shouldn't use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after [[Shabbat]].<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 72). Sh"t Chavot Yair 46 says if you tell one non-Jew to tell another one, that is permitted even for torah violations and certainly for violations that are only midirabanan.</ref> | |||
#Some say that it is permitted to ask a non-Jew to ask another non-Jew to do melacha on Shabbat, while others argue.<ref>Chatom Sofer OC 60 relies upon the Chavot Yair only in a case where one asked the non-Jew before Shabbat. Biur Halacha (307:2 s.v. afilu) argues that we shouldn't accept the Chavot Yair nor the Chatom Sofer. </ref> | |||
==Hiring a non-Jew before Shabbat== | ==Hiring a non-Jew before Shabbat== | ||
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]]. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. < | |||
# It is permitted to drop off shirts at the cleaners before [[Shabbat]] if there is a fixed price and one leaves them enough time to clean it without having to do so on [[Shabbat]]. Some say that if the non-Jew will have to work overtime if he doesn't want to work on [[Shabbat]] it is considered if one stipulated that he work on [[Shabbat]], while others say that even if the non-Jew will have to work overtime so as not to work on [[Shabbat]] it is not like one stipulated that the non-Jew work on [[Shabbat]]. <ref> | #One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]]. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. <ref>S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on [[Shabbat]] and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref> | ||
* The Mishnah ([[Shabbat]] 17b) records a dispute between Beit Shammai and Beit Hillel regarding whether one may leave clothes at a non-Jewish cleaner before [[Shabbat]]. Beit Shammai forbid, while Beit Hillel permit. The Gemara (19a) records another dispute regarding giving a letter to a non-Jewish mailman before [[Shabbat]], where Beit Hillel permit only if one stipulates a price for the job, while Beit Shammai forbid in all cases. Rashi s.v. Ela explains that once a price is fixed, the non-Jew may deliver it at his own convenience, and if he does so on [[Shabbat]], he is not considered to be doing it for the Jew. Tosfot s.v. Ela and Rambam 6:12 apply the condition of stipulating a price to the case of giving clothes to a cleaner. | #It is permitted to drop off shirts at the cleaners before [[Shabbat]] if there is a fixed price and one leaves them enough time to clean it without having to do so on [[Shabbat]]. Some say that if the non-Jew will have to work overtime if he doesn't want to work on [[Shabbat]] it is considered if one stipulated that he work on [[Shabbat]], while others say that even if the non-Jew will have to work overtime so as not to work on [[Shabbat]] it is not like one stipulated that the non-Jew work on [[Shabbat]].<ref>*The Mishnah ([[Shabbat]] 17b) records a dispute between Beit Shammai and Beit Hillel regarding whether one may leave clothes at a non-Jewish cleaner before [[Shabbat]]. Beit Shammai forbid, while Beit Hillel permit. The Gemara (19a) records another dispute regarding giving a letter to a non-Jewish mailman before [[Shabbat]], where Beit Hillel permit only if one stipulates a price for the job, while Beit Shammai forbid in all cases. Rashi s.v. Ela explains that once a price is fixed, the non-Jew may deliver it at his own convenience, and if he does so on [[Shabbat]], he is not considered to be doing it for the Jew. Tosfot s.v. Ela and Rambam 6:12 apply the condition of stipulating a price to the case of giving clothes to a cleaner. | ||
* Beit Yosef 252:2 quotes the Smag and other Rishonim who clarify that one may give clothes to a cleaner only if one does not stipulate that it be cleaned on [[Shabbat]]. S”A 252:2 codifies this as halacha. Mishna Brurah 252:16 adds that if one specifies that he wants the clothes to be ready on Motza’ei [[Shabbat]], it is as if one told the non-Jew to clean it on [[Shabbat]]. | *Beit Yosef 252:2 quotes the Smag and other Rishonim who clarify that one may give clothes to a cleaner only if one does not stipulate that it be cleaned on [[Shabbat]]. S”A 252:2 codifies this as halacha. Mishna Brurah 252:16 adds that if one specifies that he wants the clothes to be ready on Motza’ei [[Shabbat]], it is as if one told the non-Jew to clean it on [[Shabbat]]. | ||
* The Pri Megadim (M”Z 244:5) writes that if the Jew wants the job to be finished by a certain time that would require the non-Jew to work on [[Shabbat]] unless he would overexert himself and work at night, it is considered as if the Jew stipulated that the non-Jew work on [[Shabbat]]. Similarly, Rav Hershel Schachter (Halachipedia Article 5773 #6) said that if by the nature of the business it is known that they won’t clean it after-hours but will do it on [[Shabbat]], it is as if one stipulated that they do it on [[Shabbat]]. Rav Yosef Shalom Elyashiv (quoted by Sanctity of [[Shabbos]] p. 66), and Rav Chaim Pinchas Sheinburg (quoted by Sanctity of [[Shabbos]] p. 66) agreed. | *The Pri Megadim (M”Z 244:5) writes that if the Jew wants the job to be finished by a certain time that would require the non-Jew to work on [[Shabbat]] unless he would overexert himself and work at night, it is considered as if the Jew stipulated that the non-Jew work on [[Shabbat]]. Similarly, Rav Hershel Schachter (Halachipedia Article 5773 #6) said that if by the nature of the business it is known that they won’t clean it after-hours but will do it on [[Shabbat]], it is as if one stipulated that they do it on [[Shabbat]]. Rav Yosef Shalom Elyashiv (quoted by Sanctity of [[Shabbos]] p. 66), and Rav Chaim Pinchas Sheinburg (quoted by Sanctity of [[Shabbos]] p. 66) agreed. | ||
* Sanctity of [[Shabbos]] (p. 66) infers from Eliyah Rabba 244:12 and Igrot Moshe 4:53 that even if the non-Jew would have to work into the night to complete it before [[Shabbat]], it is not considered as though one stipulated that it be done on [[Shabbat]]. </ref> | *Sanctity of [[Shabbos]] (p. 66) infers from Eliyah Rabba 244:12 and Igrot Moshe 4:53 that even if the non-Jew would have to work into the night to complete it before [[Shabbat]], it is not considered as though one stipulated that it be done on [[Shabbat]].</ref> | ||
# If one’s scheduled garbage pickup is on [[Shabbat]], one may allow the sanitation department to pickup one’s garbage on [[Shabbat]]. <ref> Rav Mordechai Willig (Am Mordechai p. 214) writes that since the garbage collectors work for the city, one may let non-Jewish garbage collectors pick up his garbage on [[Shabbat]]. The Sanctity of [[Shabbos]] (p. 84) adds that there’s no issue of marit ayin because it is well-known that the Jewish homeowner didn’t arrange for the garbage to be picked up on [[Shabbat]]. </ref> | #If one’s scheduled garbage pickup is on [[Shabbat]], one may allow the sanitation department to pickup one’s garbage on [[Shabbat]].<ref>Rav Mordechai Willig (Am Mordechai p. 214) writes that since the garbage collectors work for the city, one may let non-Jewish garbage collectors pick up his garbage on [[Shabbat]]. The Sanctity of [[Shabbos]] (p. 84) adds that there’s no issue of marit ayin because it is well-known that the Jewish homeowner didn’t arrange for the garbage to be picked up on [[Shabbat]]. 39 Melachos v. 1 p. 86 agrees.</ref> | ||
##If the trash from a construction or the like is collected by a private contractor one must stipulate that the pickup not be on Shabbat but it isn't possible and isn't possible to get another contractor it is permitted.<ref>39 Melachos v. 1 p. 86 writes that it is permitted to have a private contractor remove garbage if you couldn't find another option since it is very uncommon to have a private contractor and it is always done as a contract and not paid for by time. Mishna Brurah 244:13 writes that contracting a non-Jew to take out the garbage is a problem of marit ayin. However, Ben Ish Chai (Shana Sheniya, Trumah, no. 3) and Yalkut Yosef 244:1 permit hiring a contractor to remove garbage in front of one's house for a fixed price as long as one doesn't tell them to do it on Shabbat. Then even if they come on Shabbat that is fine since everyone knows that trash removal is done by contracting for a fixed price and not by hour. Tiferet Mishna Brurah 244:13 cites Nediv Lev 10, Zera Emet 1:31, and Yabia Omer 8:28:9 who agree.</ref> | |||
#It is forbidden to contact a non-Jew to build a house on Shabbat.<ref>Mishna Brurah 144:7 discusses contracting a house on Shabbat if everyone in the town contracts and doesn't hire by the hour. He concludes that some permit but one shouldn't be lenient. Igrot Moshe OC 4:52 writes that because of the rampant desecration of Shabbat we can't be lenient to contract a non-Jew to build a house on Shabbat. Ketav Sofer OC 43 cited by Dirshu 244:6 and Tiferet Mishna Brurah 244:9 agree.</ref> After the fact if someone did contract a house to be built on Shabbat many hold that it is permitted to live in the house.<ref>Shulchan Aruch OC 244:3 writes that it is proper not to benefit from the house built on Shabbat by non-Jews. Igrot Moshe 3:35 writes that after the fact the house is permitted today since it is generally contracted and not paid for by time. Tiferet Mishna Brurah 244:19 cites the Yabia Omer 8:28:13 who holds that whether the house was contracted or paid for by hiring day workers the house is only forbidden as a chumra.</ref> | |||
#It is forbidden to hire a non-Jew to mow the lawn on Shabbat.<ref>39 Melachos v. 1 p. 83 writes that mowing the lawn is a zilzul Shabbat and having the non-Jew do it is also forbidden. Halacha Brurah 244:4 writes that an activity that is done on something attached to the ground at the Jew's house even though it is generally done as as a contract and not day worker one should be strict unless there is an extenuating circumstance. The Chayei Adam 3:10 is strict since there is a concern that you told the non-Jew to work on Shabbat and Mishna Brurah 252:17 accepts this. However, Halacha Brurah thinks many achronim are lenient and it is dependent on a dispute in the rishonim.</ref> | |||
#There is a dispute whether it is permitted to order a taxi before Shabbat to come immediately after Shabbat.<ref>Dor Hamelaktim v. 2 p. 1361 quotes a dispute between Minchat Yitzchak 6:25 and Shemirat Shabbat Kehilchata whether it is permitted to order a taxi for right after Shabbat. It could be forbidden since it is like asking them to drive on Shabbat to be ready for you after Shabbat or it could be permitted since them driving on Shabbat isn't part of the service requested.</ref> | |||
==Leaving Work By a Non-Jew== | ==Leaving Work By a Non-Jew== | ||
# If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. < | |||
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. < | #If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref> | ||
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) based on the leniency of Sh"t Chavot Yair 46 who allows this even on torah violations. </ref> | #However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict.<ref>Mekor Chaim 3:35:4, [[Shabbat]] VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat Shabbat KeHilchata 20:28 rule strictly. </ref> | ||
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref> | #Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]].<ref>39 Melachos (Rabbi Ribitat); vol 1, pg 73) based on the leniency of Sh"t Chavot Yair 46 who allows this even on torah violations. </ref> | ||
# It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities. < | #If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]].<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref> | ||
# Many poskim forbid ordering a newspaper that is printed and delivered on [[Shabbat]], while some are lenient if most of the subscribers are non-Jewish.<ref> | #It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref> | ||
* The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on [[Shabbat]]. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on [[Shabbat]], everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing. | #Many poskim forbid ordering a newspaper that is printed and delivered on [[Shabbat]], while some are lenient if most of the subscribers are non-Jewish.<ref>*The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on [[Shabbat]]. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on [[Shabbat]], everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing. | ||
* Rav Moshe Feinstein (quoted by The Sanctity of [[Shabbos]] p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for [[Shabbat]] is forbidden because of Amirah LeNochri. Rav Hershel Schachter (Halachipedia Article 5773 #6) said it would be forbidden even if one orders a weekly subscription that includes [[Shabbat]]. | *Rav Moshe Feinstein (quoted by The Sanctity of [[Shabbos]] p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for [[Shabbat]] is forbidden because of Amirah LeNochri. Rav Hershel Schachter (Halachipedia Article 5773 #6) said it would be forbidden even if one orders a weekly subscription that includes [[Shabbat]]. | ||
* In another context, the Maharam Shick (O.C. 324) writes that it is not similar to the case of S”A 276:2 where halacha assumes that the non-Jew’s intent depends on the majority of the people for whom the melacha is done. In our case, every single print is for a specific need, and if the Jew didn’t subscribe, they would print less. Shemirat | *In another context, the Maharam Shick (O.C. 324) writes that it is not similar to the case of S”A 276:2 where halacha assumes that the non-Jew’s intent depends on the majority of the people for whom the melacha is done. In our case, every single print is for a specific need, and if the Jew didn’t subscribe, they would print less. Shemirat Shabbat K’hilchata 31:25, however, quotes Rav Shlomo Zalman Auerbach who argues that it is permitted to order a newspaper to be delivered on [[Shabbat]] if most of the subscribers are non-Jews because the additional printing is considered a grama, and perhaps the newspapers printed for Jews are nullified by the majority. Nonetheless, Shemirat Shabbat K’hilchata adds that if a non-Jew brought the newspaper through an area where there is no eruv, one may not read it on [[Shabbat]]. | ||
* For more information, see [http://www.yutorah.org/lectures/lecture.cfm/789052/Rabbi_Daniel_Stein/Reading_the_Shabbat_Newspaper_&_Subscribing_to_the_Saturday_Times Rabbi Daniel Stein in a shiur on yutorah.org]. </ref> | *For more information, see [http://www.yutorah.org/lectures/lecture.cfm/789052/Rabbi_Daniel_Stein/Reading_the_Shabbat_Newspaper_&_Subscribing_to_the_Saturday_Times Rabbi Daniel Stein in a shiur on yutorah.org].</ref> | ||
==Hiring a Non-Jew== | ==Hiring a Non-Jew== | ||
# It’s forbidden before [[Shabbat]] to pay a non-Jew to do work for a Jew if because of the lack of time the non-Jew will have to work on [[Shabbat]] for the Jew. < | |||
# It’s forbidden to hire an electrician to fix something in the house on [[Shabbat]], because the work is being done in a Jew’s house. < | #It’s forbidden before [[Shabbat]] to pay a non-Jew to do work for a Jew if because of the lack of time the non-Jew will have to work on [[Shabbat]] for the Jew.<ref>Shemirat Shabbat KeHilchata 30:28 </ref> | ||
# It’s permitted to hire a non-Jew to milk one’s cows on [[Shabbat]] even if one specifies [[Shabbat]] because of the pain it causes the cows if they aren’t milked, however, one should try to milk the cows right before and after [[Shabbat]] in order to minimize this leniency. Additionally, it’s permissible for a Jew to over watch the milking as long as he doesn’t speak with the non-Jew about the wages. < | #It’s forbidden to hire an electrician to fix something in the house on [[Shabbat]], because the work is being done in a Jew’s house.<ref>Shemirat Shabbat KeHilchata 30:30 </ref> | ||
# It’s permissible to make a payment on [[Shabbat]] not using money, such as one would could give a piece of cake as a payment, this would be permissible. <ref> Shemirat | #It’s permitted to hire a non-Jew to milk one’s cows on [[Shabbat]] even if one specifies [[Shabbat]] because of the pain it causes the cows if they aren’t milked, however, one should try to milk the cows right before and after [[Shabbat]] in order to minimize this leniency. Additionally, it’s permissible for a Jew to over watch the milking as long as he doesn’t speak with the non-Jew about the wages.<ref>Shemirat Shabbat KeHilchata 30:31 </ref> | ||
# One may not have a non-Jew build on a Jew's field or harvest a Jew's field on [[Shabbat]] since doing work on anything which is attached to the ground clearly belongs to the Jewish owner. < | #It’s permissible to make a payment on [[Shabbat]] not using money, such as one would could give a piece of cake as a payment, this would be permissible.<ref>Shemirat Shabbat KeHilchata 30:33 </ref> | ||
#One may not have a non-Jew build on a Jew's field or harvest a Jew's field on [[Shabbat]] since doing work on anything which is attached to the ground clearly belongs to the Jewish owner.<ref>S”A 244:1, Mishna Brurah 244:5 </ref> | |||
===A Non-Jewish Maid=== | ===A Non-Jewish Maid=== | ||
# A non-Jewish day-worker may not do any melacha on [[Shabbat]] on a Jew’s behalf. < | |||
* The Rambam ([[Shabbat]] 6:12) writes that if one hires a non-Jewish worker to perform a particular task for an extended period of time, it as if one stipulated a price for a particular job as long as the Jew isn’t particular about which days the non-Jew works. The Raavad, however, considers such a worker to be a day-worker. | #A non-Jewish day-worker may not do any melacha on [[Shabbat]] on a Jew’s behalf.<ref>The Mishnah ([[Shabbat]] 17b) writes that Beit Hillel permitted leaving clothes at a non-Jewish cleaner before [[Shabbat]]. Tosfot 19a s.v. Ela adds that it is permitted only if one stipulated a price with the non-Jew. The Rashba ([[Shabbat]] 19a s.v. Ha) explains that if a price is fixed, the non-Jewish worker is considered a contractor, hired for a specific job. If the non-Jew is a contractor, he is working at his own convenience, whereas a non-Jewish day-worker is considered like the agent of the Jew. | ||
* While the Beit Yosef 244:5 and Rama 244:5 rule like the Rambam, they clarify that the it is permitted only if the worker is told to do one particular task, but not if he is hired to do every task that the employer wants. The Magen Avraham 244:16 explains that if the non-Jew is hired for every task, it is almost certain that the Jew benefits from the non-Jew working on [[Shabbat]] as it is likely he will be needed for another task after [[Shabbat]]. Thus, Mishna Brurah 244:30 writes that one should protest against those who have maids that do work on [[Shabbat]], because the maid is hired to do all the tasks that the employer chooses. See, however, the Mor Uketziah 244:5 who dismisses the Beit Yosef’s distinction, insisting that as long as the Jew isn’t particular when the non-Jew works, it should be permitted. </ref> | |||
# Some say that a live-in maid who has time off each week and doesn’t have to work on [[Shabbat]] is considered like a contractor and may do melacha for a Jew on [[Shabbat]]. < | *The Rambam ([[Shabbat]] 6:12) writes that if one hires a non-Jewish worker to perform a particular task for an extended period of time, it as if one stipulated a price for a particular job as long as the Jew isn’t particular about which days the non-Jew works. The Raavad, however, considers such a worker to be a day-worker. | ||
* Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]] p. 91, n. 12) quotes Rav Moshe Feinstein as ruling that the issue of having a non-Jewish contractor work in the Jew’s home applies only to irregular activities, since it appears as if one commanded the non-Jew to do those activities on [[Shabbat]]. There is no concern, however, that a Jew instructed the non-Jew to do activities that are part of his daily routine. Rav Hershel Schachter (oral communication) finds this leniency difficult to accept. | *While the Beit Yosef 244:5 and Rama 244:5 rule like the Rambam, they clarify that the it is permitted only if the worker is told to do one particular task, but not if he is hired to do every task that the employer wants. The Magen Avraham 244:16 explains that if the non-Jew is hired for every task, it is almost certain that the Jew benefits from the non-Jew working on [[Shabbat]] as it is likely he will be needed for another task after [[Shabbat]]. Thus, Mishna Brurah 244:30 writes that one should protest against those who have maids that do work on [[Shabbat]], because the maid is hired to do all the tasks that the employer chooses. See, however, the Mor Uketziah 244:5 who dismisses the Beit Yosef’s distinction, insisting that as long as the Jew isn’t particular when the non-Jew works, it should be permitted.</ref> | ||
* The Rosh ([[Shabbat]] 16:12) writes that one need not protest if on his own volition, a non-Jew infrequently does melacha for a Jew. However, it is forbidden to let the non-Jew consistently do melacha for a Jew without being instructed, because this constitutes a deceit (Haaramah). S”A 325:13 agrees. Thus, Rabbi Mordechai Willig (“Amira L’Nachri” min 10-12) rules that it is incorrect for shuls to have custodians to turn lights on and off every [[Shabbat]], even if this is done without any explicit command. </ref> | #Some say that a live-in maid who has time off each week and doesn’t have to work on [[Shabbat]] is considered like a contractor and may do melacha for a Jew on [[Shabbat]].<ref>Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]] p. 91, n. 12) quotes Rav Moshe Feinstein, Rav Shlomo Zalman Auerbach, and Rav Chaim Pinchas Sheinberg as saying that maids were considered day-workers in the Mishna Brurah’s day because they could be called upon to work at any time. Nowadays, maids work regular hours and take off some days each week. These Poskim explain that if they do some work on [[Shabbat]], it is simply for their convenience - in order to have free time another day of the week. Thus, today’s live-in maids are considered like contractors and not day-workers. Rav Cohen clarifies (p. 98-9) that this does not apply to a cleaning lady or a part-time help who is hired for a fixed number of hours on [[Shabbat]]. In such a case, the maid is like a day-worker and may be hired only to do activities that a Jew could do himself on [[Shabbat]]. The 39 Melachos (v. 1, p. 82) agrees. </ref> However, if she works in the Jewish employer’s house, she may not do melacha except in her room. Some say that she may do activities that are part of her regular routine.<ref>The Yerushalmi ([[Shabbat]] 1:8) states that it is permitted to hire non-Jewish contractors as long as they don’t do the work in the Jew’s house. Based on the Yerushalmi, the Rashba ([[Shabbat]] 19a s.v. Ha) limits Beit Hillel’s permission to leave clothes at a non-Jewish cleaner to a case where the work is not done in the Jewish employer’s home. Mishna Brurah 252:17 explains that if it is done in the employer’s home, it appears as though the Jew commanded the non-Jew to work on [[Shabbat]]. Shulchan Aruch 252:2 codifies the Rashba as halacha. Shemirat Shabbat Kehilchata 30:35 writes that work that a non-Jewish maid does in her own room is considered as though it was not done in the house of the Jew. | ||
# Additionally, Jews may not benefit from the non-Jew’s work on [[Shabbat]] and the non-Jew may not do activities that degrade the sanctity of [[Shabbat]]. < | |||
# It is forbidden to hire a domestic cleaning person to do Melacha on [[Shabbat]] (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | *Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]] p. 91, n. 12) quotes Rav Moshe Feinstein as ruling that the issue of having a non-Jewish contractor work in the Jew’s home applies only to irregular activities, since it appears as if one commanded the non-Jew to do those activities on [[Shabbat]]. There is no concern, however, that a Jew instructed the non-Jew to do activities that are part of his daily routine. Rav Hershel Schachter (oral communication) finds this leniency difficult to accept. | ||
# It is permissible to ask a maid to wash dishes even though the maid will use hot water and a sponge as she is doing so for her own convenience and was not included in any request. <ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | *The Rosh ([[Shabbat]] 16:12) writes that one need not protest if on his own volition, a non-Jew infrequently does melacha for a Jew. However, it is forbidden to let the non-Jew consistently do melacha for a Jew without being instructed, because this constitutes a deceit (Haaramah). S”A 325:13 agrees. Thus, Rabbi Mordechai Willig (“Amira L’Nachri” min 10-12) rules that it is incorrect for shuls to have custodians to turn lights on and off every [[Shabbat]], even if this is done without any explicit command.</ref> | ||
# Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on [[Shabbos]] and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on [[Shabbat]] including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading [[Shabbat]]'s sanctity. <ref> The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, [[Rabbi Shlomo Zalman Auerbach]], and Rabbi Chaim Pinchas Sheinburg. Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]], p. 87-93) summarizes that the 4 conditions restricting the work, which a non-Jewish live-in maid may do on [[Shabbat]] for a Jewish employer. 1) The Jew must tell the maid that she does not have to do the work on [[Shabbat]] and may do it before or after [[Shabbat]]. Similarly, the Jew may not instruct the non-Jew to do a melacha on [[Shabbat]]. 2) The maid may not do labors that she wouldn’t regularly do unless she does them in her room. 3) The maid may not do activities that degrade the sanctity of [[Shabbat]], such as vacuuming (See Rama 252:5). 4) The Jew may not receive benefit from the non-Jew’s work on [[Shabbat]]. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..." </ref> | #Additionally, Jews may not benefit from the non-Jew’s work on [[Shabbat]] and the non-Jew may not do activities that degrade the sanctity of [[Shabbat]].<ref>Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]] p. 87-93) writes that even if a live-in maid is a contractor, the Jew may not benefit from melacha that is done on [[Shabbat]], and the maid may not do anything that degrades the sanctity of [[Shabbat]], such as vacuuming (See Rama 252:5). </ref> | ||
# In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets. <ref> The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9) </ref> | #It is forbidden to hire a domestic cleaning person to do Melacha on [[Shabbat]] (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming).<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | ||
# It order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid garden or wash windows. <ref> The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | #It is permissible to ask a maid to wash dishes even though the maid will use hot water and a sponge as she is doing so for her own convenience and was not included in any request.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | ||
# According to Ashkenazim, in order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid use a machine which draws attention due to a loud noise such as a washing machine, dishwasher, dryer, and vacuum cleaner. <ref> The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | #Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on [[Shabbos]] and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on [[Shabbat]] including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading [[Shabbat]]'s sanctity.<ref>The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, [[Rabbi Shlomo Zalman Auerbach]], and Rabbi Chaim Pinchas Sheinburg. Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]], p. 87-93) summarizes that the 4 conditions restricting the work, which a non-Jewish live-in maid may do on [[Shabbat]] for a Jewish employer. 1) The Jew must tell the maid that she does not have to do the work on [[Shabbat]] and may do it before or after [[Shabbat]]. Similarly, the Jew may not instruct the non-Jew to do a melacha on [[Shabbat]]. 2) The maid may not do labors that she wouldn’t regularly do unless she does them in her room. 3) The maid may not do activities that degrade the sanctity of [[Shabbat]], such as vacuuming (See Rama 252:5). 4) The Jew may not receive benefit from the non-Jew’s work on [[Shabbat]]. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..." </ref> | ||
#In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets.<ref>The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9) </ref> | |||
#It order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid garden or wash windows.<ref>The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | |||
#According to Ashkenazim, in order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid use a machine which draws attention due to a loud noise such as a washing machine, dishwasher, dryer, and vacuum cleaner.<ref>The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | |||
==Deriving benefit from work of a non-Jew== | ==Deriving benefit from work of a non-Jew== | ||
# It’s forbidden to derive direct benefit from work that | |||
#It’s forbidden to derive direct benefit from work that a non-Jew performed on behalf of a Jew on [[Shabbat]]. This is true even if the non-Jew did it on his own and wasn't commanded.<ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65). | |||
*The source for the prohibition to derive benefit from the melacha of a non-Jew on behalf of a Jew is the Mishna ([[Shabbat]] 122a). The Mishna states that if a non-Jew lights a candle for a Jew, the Jew may not benefit from it on [[Shabbat]]. This is codified by the Rambam ([[Shabbat]] 6:2), Tur, and Shulchan Aruch 276:1.</ref> | |||
#If the non-Jew does melacha for a Jew, it is forbidden to benefit from it until after the time it would take to perform that melacha after [[Shabbat]]. In this way, one will not benefit from the melacha of the non-Jew.<ref>The Gemara 122a states that if a non-Jew heated up water for Jews, the hot water is forbidden from benefit until after the time it would take to perform that melacha after [[Shabbat]]. Rashi 122a s.v. explains that by waiting until it would have been able to have been heated up after [[Shabbat]], one is avoiding benefitting from the melacha of the non-Jew. This is codified by the Rambam ([[Shabbat]] 6:2) and Shulchan Aruch 326:13. | |||
*The Ran (46a s.v. VeIm) distinguishes between the melacha that a Jew performs on [[Shabbat]] and that of a non-Jew. He writes that if a Jew performs melacha on [[Shabbat]], according to those opinions that it is permitted after [[Shabbat]], it is permitted immediately. If a non-Jew, however, performs melacha on the Jew's behalf, it is forbidden until after the time it would take to perform that task after [[Shabbat]]. He explains that whereas a Jew, whom we do not suspect of violating [[Shabbat]] intentionally, there is a concern that a Jew will become accustomed to the melacha of a non-Jew.</ref> | |||
===If done for personal benefit=== | ===If done for personal benefit=== | ||
# It’s permissible to benefit from the action of a non-Jew which was done for his own benefit and not for a Jew. For example, if a non-Jew turned on the lights in a room for personal benefit, it’s permissible to ask the non-Jew not to turn it off. < | |||
# However, it’s forbidden to benefit from an action of a non-Jew where the action was done for a Jew. For example, if a non-Jewish maid boils a pot of hot water for a cup of hot-water, the family members may not benefit from the rest of the hot water in the pot which was probably heated for them. < | #It’s permissible to benefit from the action of a non-Jew which was done for his own benefit and not for a Jew. For example, if a non-Jew turned on the lights in a room for personal benefit, it’s permissible to ask the non-Jew not to turn it off.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 67) </ref> | ||
#However, it’s forbidden to benefit from an action of a non-Jew where the action was done for a Jew. For example, if a non-Jewish maid boils a pot of hot water for a cup of hot-water, the family members may not benefit from the rest of the hot water in the pot which was probably heated for them.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 68) </ref> | |||
===What Is Considered Direct Benefit?=== | ===What Is Considered Direct Benefit?=== | ||
# It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty (the room was dimly lit). < | |||
# If a non-Jew turns on a light (on his own initiative) in a room which was totally dark and one was unable to read, it’s nonetheless forbidden for the Jew to benefit from the light that the non-Jew turned on. < | #If a non-Jew carried something that otherwise could have been used where it is there is no prohibition to benefit from it after the non-Jew carried it for the Jew.<ref>Rama 325:10</ref> | ||
# One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table. < | #It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty (the room was dimly lit).<ref>Mishna Brurah 307:76, Magen Avraham, and Knesset Hagedolah in name of the Maharmat. Pri Megadim explains that it’s not real benefit since one could have read beforehand anyway and the light is just improved. This is codified in 39 Melachos (Rabbi Ribiat; vol 1 pg 66). </ref> | ||
# If, on [[Shabbat]], a non-Jew cleaned clothes which were soiled or stained (on his own initiative) it’s forbidden to benefit from the cleaned clothing on [[Shabbat]]. < | #If a non-Jew turns on a light (on his own initiative) in a room which was totally dark and one was unable to read, it’s nonetheless forbidden for the Jew to benefit from the light that the non-Jew turned on.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
# If, on [[Shabbat]], the fire underneath the blech went out, and the non-Jew relit the fire (on his own initiative) it’s forbidden to benefit from the warmed food on [[Shabbat]]. < | #One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 67) </ref> | ||
# Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep. < | #If, on [[Shabbat]], a non-Jew cleaned clothes which were soiled or stained (on his own initiative) it’s forbidden to benefit from the cleaned clothing on [[Shabbat]].<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
# One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table. < | #If, on [[Shabbat]], the fire underneath the blech went out, and the non-Jew relit the fire (on his own initiative) it’s forbidden to benefit from the warmed food on [[Shabbat]].<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
#Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 66) </ref> Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on). | |||
#One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table.<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 69) </ref> | |||
==Commanding animals to do work== | ==Commanding animals to do work== | ||
# Similarly, it’s forbidden to signal to a (trained) animal to a melacha on [[Shabbat]], but it’s permitted to signal before [[Shabbat]] for it to do melacha on [[Shabbat]]. < | |||
#Similarly, it’s forbidden to signal to a (trained) animal to a melacha on [[Shabbat]], but it’s permitted to signal before [[Shabbat]] for it to do melacha on [[Shabbat]].<ref>Sh”t Or Letzion O”C 1:23 </ref> | |||
==Related Pages== | ==Related Pages== | ||
* [[Asking another Jew to work on Shabbat]] ([[Amirah LeYisrael]]) | |||
*[[Asking another Jew to work on Shabbat]] ([[Amirah LeYisrael]]) | |||
==Sources== | ==Sources== | ||
<references/> | <references /> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
{{Shabbat Table}} | |||
Revision as of 16:51, 13 July 2023
 | This article is good. |
There is a rabbinic[1] prohibition to ask a non-Jew to do work for oneself on Shabbat.[2]
There are four reasons for the Rabbinic prohibition to instruct a non-Jew to perform work for a Jew on Shabbat: (1) asking a non-Jew to do work will cause a laxity in the observance of Shabbat,[3] (2) Yishayahu the prophet instructs us “Daber Davar” - that one’s speech on Shabbat should be different from one’s speech on the weekdays,[4] and (3) instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender[5],[6] and (4) There is an allusion from the verse כל מלאכה לא יֵעָשֶׂה that work may not be done on the behalf Jews even by non-Jews.[7]
There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew.[8] See also Summary of Amirah LeNochri.
Telling a non-Jew to do a forbidden activity
- It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself.[9]
- It’s forbidden to tell a non-Jew to do something that is forbidden on Shabbat whether it is a biblical or Rabbinic prohibition.[10] However, it is permitted to ask a non-Jew to do something which is only a chumra or minhag for a Jew not to do.[11]
- It’s forbidden to tell a non-Jew to violate a prohibited activity on Shabbat even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights.[12]
Hints which also include a command
- Just as it’s forbidden to tell a non-Jew to do work on Shabbat it’s also forbidden to hint using words of command or to make motions that imply a command to do work.[13]
- Example of a hint that do include a command are: “Why didn’t you turn off the light last Shabbat”, “Do me a favor, there’s not enough light in the room”, “Anyone who turns off the flame won’t lose”, [14] or “ If you lower the flame, I will reward you for your effort”.[15]
Hints which don’t include a command
- Some say that it is permissible to hint to a non-Jew to do work on Shabbat if one uses a hint that doesn’t include a command. Others limit this leniency.[16] Regarding benefiting from such work, see further.
- A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” [17] “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”.[18]
- If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on.[19]
- It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”.[20]
- It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the mail.[21]
On His Own Initiative
- One may tell a non-Jew to do a permissible activity if it is possible to be done in a permissible way, even if it is clear that the non-Jew will do a prohibited activity while doing that task. If the non-Jew has in mind that the Jew will benefit directly from the prohibited activity then it is prohibited.[22] Some say that this leniency is only applicable if it is reasonable that the non-Jew would do it in the permissible way.[23] For example, if asking a non-Jew to bring up food to the tenth floor will obviously mean that he'll use the elevator and not the stairs; therefore, some permit and some forbid.[24]
- It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water.[25]
- It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator.[26]
- It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing.[27]
If the non-Jew asks
- If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate if such an action was done”.[28]
Reasons to Permit Amirah LeNochri
For a Sick Person
- It’s permissible to ask a non-Jew to perform any Melacha, even one which is forbidden Deoritta (biblically), for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, severe earache, or migraine headaches).[29]
- Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold.[30]
- For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan.[31]
- It’s permissible to tell a non-Jew to do a forbidden activity on Shabbat for the health of a sick person even if it’s not a sickness that’s life threatening.[32]
- One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine.[33]
- In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing.[34]
- If one set the air conditioning to stay on for Shabbat and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning.[35]
- In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather.[36]
For a Mitzvah
- For the purpose of a mitzvah, it’s permissible to ask a non-Jew to perform a Melacha only if it is only forbidden MeDeRabbanan.[37] Similarly, to serve unexpected guests it is permitted to ask a non-Jew to do a derabbanan.[38]
- For the need of a mitzvah of congregation of people, we rely on the opinion who says that it is permitted to ask a non-Jew to do melacha for the purpose of a mitzvah.[39]
- Some say that this leniency of permitting Amirah LeNochri for the mitzvah of a congregation only applies to a mitzvah that is to occur on Shabbat, but not for a mitzvah that is to happen after Shabbat. Others disagree.[40]
- Some say that it is forbidden to ask a non-Jew to violate Shabbat in order to allow a congregation of people to learn Torah since learning Torah is supposed to lead to the practical fulfillment of Torah and not its desecration. Others, however, argue that in this regard learning Torah is no different than any other mitzvah and it is permitted to ask a non-Jew to violate Shabbat in order to allow a congregation of people to learn Torah on Shabbat.[41]
- If it is necessary, in order to buy a land of Israel from non-Jews on Shabbat, it is permissible to have a non-Jew write the document confirming the sale on Shabbat.[42]
For The Need of Many People
- In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta if that is necessary. For example, it is permissible to ask a non-Jew to fix the eruv if it fell on Shabbat so that many people don’t carry on Shabbat unintentionally. If the eruv string fell and the non-Jew can retie it with a bow, he should do so. If he can’t tie it with a bow, the non-Jew should tie it with a double knot [43]
- In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta.[44]
- It’s permissible to ask a non-Jew to remove an obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan.[45]
Great Need
- In general, it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, it is permitted for a great need or big loss.[46]
To Save Sefarim
- One may ask a non-Jew to do a forbidden activity on Shabbat in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house.[47]
For a Big Loss
- If one is about to have a big loss it is permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on Shabbat to prevent that loss.[48]
A Questionable Prohibition
- Anything which is a dispute whether it is forbidden for a Jew to do may be done by a non-Jew on Shabbat.[49]
- If something is a dispute whether it is forbidden from the Torah or rabbis there is a discussion whether it could be permitted for a mitzvah under extenuating circumstances. Each case can be asked to a rabbi. Examples:
Telling a Non-Jew on Shabbat to Work After Shabbat
- It’s forbidden to tell a non-Jew on Shabbat to do a prohibited activity after Shabbat.[53]
- It’s permissible to hint to a non-Jew on Shabbat to do work after Shabbat even using a hint that includes words of command.[54]
- It’s permissible to tell a non-Jew on Shabbat “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after Shabbat).[55]
Telling a non-Jew before or after Shabbat
- It’s forbidden to tell a non-Jew before or after Shabbat to do a prohibited activity on Shabbat.[56]
- It’s permissible to hint before Shabbat or after Shabbat to a non-Jew to do work on Shabbat even using a hint that includes words of command.[57]
- Before Shabbat it’s permissible to tell a non-Jew “Why didn’t you open the mail last Shabbat?” (before Shabbat using a hint with a command for work).[58]
Amirah LeNochri for Certain Melachot
Muktzeh
- One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before Shabbat that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined.[59]
Kibbuy
- If a non-Jew comes to put out a fire, one doesn't need to stop them.[60]
- It is permitted to say in front of non-Jews "Anyone who puts out the fire won't lose out." Additionally, it is permitted to call a non-Jew to come over to the fire even if he will certainly put it out when he comes.[61]
Preparing
- It is forbidden to ask a non-Jew to do an activity on Shabbat that is for after Shabbat even it is with non-melacha activities since a Jew that would certainly be forbidden to do so as it is preparing (hachana) for after Shabbat. For example, one may not ask a non-Jew to clean dishes on Shabbat for after Shabbat.[62]
- Practically, it is forbidden to ask a non-Jewish custodian in shul to clean up from Seudat Shelishit while it is still Shabbat since it is preparing. Similarly, it is forbidden to ask a non-Jewish caterer clean up from an event on Shabbat since it is preparing for after Shabbat. However, if they prefer to do the cleanup on Shabbat as opposed to afterwards it is permitted to let them do so.[63]
During Bein HaShemashot
- During Bein HaShemashot, between Shekiyah until close to Tzet HaKochavim, it’s permissible to ask a non-Jew to do any forbidden activity on Shabbat if there’s a great need, a need for Shabbat, or a need for a mitzvah.[64]
- Therefore, during Bein HaShemashot, one may ask a non-Jew to turn on the lights in the room where one will have the Shabbat meals.[65]
- Therefore, if one forgot to light Shabbat candles, one may ask a non-Jew during Bein HaShemashot to light the candles, however, one shouldn’t make a Bracha on such a lighting.[66]
Different Time Zones
- Some say that it is permitted for a Jew who is in a location where it isn't Shabbat to ask a non-Jew who is in a location where it is Shabbat to do melacha for them since we follow the location of the Jew. This is relevant to a Jew in Israel asking a non-Jew in America to do melacha after Shabbat for the next 7 hours. Alternatively, if a Jew in California calls a non-Jew in New York before Shabbat starts in California but it already started in New York.[67]
Requesting one non-Jew to tell another
- Instructing one non-Jew to tell another non-Jew to do a forbidden activity on Shabbat is a major dispute and many hold that one shouldn't use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after Shabbat.[68]
- Some say that it is permitted to ask a non-Jew to ask another non-Jew to do melacha on Shabbat, while others argue.[69]
Hiring a non-Jew before Shabbat
- One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on Shabbat. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. [70]
- It is permitted to drop off shirts at the cleaners before Shabbat if there is a fixed price and one leaves them enough time to clean it without having to do so on Shabbat. Some say that if the non-Jew will have to work overtime if he doesn't want to work on Shabbat it is considered if one stipulated that he work on Shabbat, while others say that even if the non-Jew will have to work overtime so as not to work on Shabbat it is not like one stipulated that the non-Jew work on Shabbat.[71]
- If one’s scheduled garbage pickup is on Shabbat, one may allow the sanitation department to pickup one’s garbage on Shabbat.[72]
- If the trash from a construction or the like is collected by a private contractor one must stipulate that the pickup not be on Shabbat but it isn't possible and isn't possible to get another contractor it is permitted.[73]
- It is forbidden to contact a non-Jew to build a house on Shabbat.[74] After the fact if someone did contract a house to be built on Shabbat many hold that it is permitted to live in the house.[75]
- It is forbidden to hire a non-Jew to mow the lawn on Shabbat.[76]
- There is a dispute whether it is permitted to order a taxi before Shabbat to come immediately after Shabbat.[77]
Leaving Work By a Non-Jew
- If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on Shabbat. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on Shabbat, it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage.[78]
- However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after Shabbat because it's tantamount to telling the non-Jew to work on Shabbat. However if there’s a need, Sephardim are lenient and Ashkenazim are strict.[79]
- Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before Shabbat.[80]
- If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on Shabbat. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on Shabbat.[81]
- It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on Shabbat unless it is stipulated that the custodian only does non-Melacha activities.[82]
- Many poskim forbid ordering a newspaper that is printed and delivered on Shabbat, while some are lenient if most of the subscribers are non-Jewish.[83]
Hiring a Non-Jew
- It’s forbidden before Shabbat to pay a non-Jew to do work for a Jew if because of the lack of time the non-Jew will have to work on Shabbat for the Jew.[84]
- It’s forbidden to hire an electrician to fix something in the house on Shabbat, because the work is being done in a Jew’s house.[85]
- It’s permitted to hire a non-Jew to milk one’s cows on Shabbat even if one specifies Shabbat because of the pain it causes the cows if they aren’t milked, however, one should try to milk the cows right before and after Shabbat in order to minimize this leniency. Additionally, it’s permissible for a Jew to over watch the milking as long as he doesn’t speak with the non-Jew about the wages.[86]
- It’s permissible to make a payment on Shabbat not using money, such as one would could give a piece of cake as a payment, this would be permissible.[87]
- One may not have a non-Jew build on a Jew's field or harvest a Jew's field on Shabbat since doing work on anything which is attached to the ground clearly belongs to the Jewish owner.[88]
A Non-Jewish Maid
- A non-Jewish day-worker may not do any melacha on Shabbat on a Jew’s behalf.[89]
- Some say that a live-in maid who has time off each week and doesn’t have to work on Shabbat is considered like a contractor and may do melacha for a Jew on Shabbat.[90] However, if she works in the Jewish employer’s house, she may not do melacha except in her room. Some say that she may do activities that are part of her regular routine.[91]
- Additionally, Jews may not benefit from the non-Jew’s work on Shabbat and the non-Jew may not do activities that degrade the sanctity of Shabbat.[92]
- It is forbidden to hire a domestic cleaning person to do Melacha on Shabbat (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming).[93]
- It is permissible to ask a maid to wash dishes even though the maid will use hot water and a sponge as she is doing so for her own convenience and was not included in any request.[94]
- Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on Shabbos and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on Shabbat including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading Shabbat's sanctity.[95]
- In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets.[96]
- It order to avoid degradation of the sanctity of Shabbat one may not have a maid garden or wash windows.[97]
- According to Ashkenazim, in order to avoid degradation of the sanctity of Shabbat one may not have a maid use a machine which draws attention due to a loud noise such as a washing machine, dishwasher, dryer, and vacuum cleaner.[98]
Deriving benefit from work of a non-Jew
- It’s forbidden to derive direct benefit from work that a non-Jew performed on behalf of a Jew on Shabbat. This is true even if the non-Jew did it on his own and wasn't commanded.[99]
- If the non-Jew does melacha for a Jew, it is forbidden to benefit from it until after the time it would take to perform that melacha after Shabbat. In this way, one will not benefit from the melacha of the non-Jew.[100]
If done for personal benefit
- It’s permissible to benefit from the action of a non-Jew which was done for his own benefit and not for a Jew. For example, if a non-Jew turned on the lights in a room for personal benefit, it’s permissible to ask the non-Jew not to turn it off.[101]
- However, it’s forbidden to benefit from an action of a non-Jew where the action was done for a Jew. For example, if a non-Jewish maid boils a pot of hot water for a cup of hot-water, the family members may not benefit from the rest of the hot water in the pot which was probably heated for them.[102]
What Is Considered Direct Benefit?
- If a non-Jew carried something that otherwise could have been used where it is there is no prohibition to benefit from it after the non-Jew carried it for the Jew.[103]
- It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty (the room was dimly lit).[104]
- If a non-Jew turns on a light (on his own initiative) in a room which was totally dark and one was unable to read, it’s nonetheless forbidden for the Jew to benefit from the light that the non-Jew turned on.[105]
- One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table.[106]
- If, on Shabbat, a non-Jew cleaned clothes which were soiled or stained (on his own initiative) it’s forbidden to benefit from the cleaned clothing on Shabbat.[107]
- If, on Shabbat, the fire underneath the blech went out, and the non-Jew relit the fire (on his own initiative) it’s forbidden to benefit from the warmed food on Shabbat.[108]
- Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep.[109] Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on).
- One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table.[110]
Commanding animals to do work
- Similarly, it’s forbidden to signal to a (trained) animal to a melacha on Shabbat, but it’s permitted to signal before Shabbat for it to do melacha on Shabbat.[111]
Related Pages
Sources
- ↑ The Gemara Gittin 8b explicitly state that Amirah LeNochri is only a rabbinic prohibition. Additionally, the Ramban Shemot 12:16 writes that even though the Mechilta learns Amirah LeNochri from a pasuk, it is only an asmachta. Rav Hershel Schachter in a shiur on yutorah.org (Shabbat Shiur #50, min 0-2) explained that Amirah LeNochri is a rabbinic prohibition that is patterned after (Ke'eyn Deoritta) the din deoritta of Amirah LeGer Toshav, of which Tosfot (Yevamot 48b s.v. Zeh Ger) writes that asking a Ger Toshav to do a melacha on Shabbat for the benefit of a Jew is a biblical violation of Shabbat.
- ↑ One of the earliest sources of this prohibition is the Mishna (Shabbat 121a) that states that it is forbidden to ask a non-Jew to put out a fire on Shabbat. Rashi (150a s.v. Amirah) writes that this Mishna is the source for Amirah LeNochri.
- ↑ Rambam Shabbat 6:1
- ↑ Yishayahu 58:13, Rashi Avoda Zara 15a s.v. kiyvan
- ↑ Rashi Shabbat 153a s.v. may
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 63-4)
- ↑ Rashi on Shemot 12:16
- ↑ Shabbat 122a, Shulchan Aruch O.C. 276:2, 39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat Shabbat KeHilchata 30:1
- ↑ Shemirat Shabbat KeHilchata 30:1. Rambam Shabbat 6:1, Smag Lavin 65, Tur 325, and Shulchan Aruch O.C. 307:2. See Shulchan Aruch O.C. 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew to do.
- ↑ Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. The following rishonim hold that it is forbidden to ask a non-Jew to do derabbanan prohibitions on Shabbat:
- Tosfot (Shabbat 121a s.v. Ein) writes that it is forbidden to ask a non-Jew to do a derabbanan prohibition on Shabbat. He proves his point from two gemaras. 1) The Gemara Shabbat 150a states that on Shabbat it is forbidden to ask a non-Jew to hire another non-Jew to work for the Jew. 2) Gemara Eiruvin 67b which quotes Rabba as holding that it is permitted to carry hot water for a baby, who is about to have a Brit Milah, through a courtyard that didn't have an Eruv. This gemara implies that it is only permitted to ask a non-Jew to do a derabbanan prohibition on Shabbat for a mitzvah or for Brit Milah in particular, but not in general.
- Tosfot (Gittin 8b) writes that it is only permitted to ask a non-Jew to do a derabbanan prohibition for a mitzvah in the case of Brit Milah, but there's no proof about this being permitted for any other mitzvah. The Ramban (Shabbat 130b s.v. VeChen Ani) agrees that Amirah LeNochri is only permitted for a derabbanan prohibition in the case of Brit Milah.
- ↑ Mishna Brurah 307:8, Melachim Emunecha 7:3
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 64)
- ↑ Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3, 39 Melachos (Rabbi Ribiat; vol 1 pg 71)
- ↑ Shemirat Shabbat KeHilchata 30:5-7
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 71)
- ↑ Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3. Rav Hershel Schachter in a shiur on yutorah.org (Shabbat Shiur #42, min 68-70) agrees but uses different terminology (subtle hints are permitted in a case where the benefit is permitted, such as turning off the lights).
- Rav Nissim Karlitz in Chut Shani (v. 3 p. 210) agrees that one may hint to a non-Jew to do melacha with a hint that doesn't include a command, but adds that it has to be a case where it doesn't appear as though one may have commanded the non-Jew on Shabbat, such as if it is an action that is done commonly without the permission of the employer.
- Similarly, Betzel HaChachma 6:65:3 allows a hint which doesn't include a command as long as the non-Jew is not using the Jew's items (otherwise, there is a question of having to protest the non-Jew doing melacha on Shabbat). See also, Shulchan Aruch HaRav 307:7.
- On the other hand, Rav Shlomo Zalman Auerbach (Minchat Shlomo 2:35:13, or in Bar Ilan's responsa, 2:60:13) writes that he doesn't understand how it would be permitted to hint to a non-Jew to do a melacha on Shabbat. He explains that it isn't similar to the Mishna Brurah 307:76 who permits hinting, in a way that doesn't include a command, to fix the candle so that it lights better. In that case, the non-Jew simply fixed an existing service but didn't originate anything. He also says that a hint that doesn't include a command is permitted for putting out a fire, since the Jew doesn't benefit from the primary action of the non-Jew. For example, Rav Shlomo Zalman disagrees with the Shemirat Shabbat KeHilchata and forbids saying "it is dim in the room and I can't read" to hint to the non-Jew to turn on the lights.
- Rav Yosef Shalom Elyashiv (cited by Rav Zilberstein in Malachim Emunecha p. 109) agrees that it is forbidden to hint, even if it doesn't include any command, to the non-Jew to a do any melacha. He says that its is only permitted when the non-Jew is only fixing an existing flame but not creating anything new. In fact, Rav Elyashiv even forbids saying "it is light in the room and I can't go to sleep" since the Jew will benefit from the actions of the non-Jew if he turns off the light.
- Rav Shternbuch (Teshuvot VeHanhagot 1:284) distinguishes between activities that are deoritta (Biblically forbidden) and derabbanan and only permits a hint without a command for a derabbanan.
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 70)
- ↑ Shemirat Shabbat KeHilchata 30:5-6
- ↑ Shemirat Shabbat KeHilchata 30:7
- ↑ Shemirat Shabbat KeHilchata 30:8
- ↑ Shemirat Shabbat KeHilchata 30:10
- ↑ Shemirat Shabbat KeHilchata 30:24
- ↑ Orchot Shabbat p. 466
- ↑ Dor Hamelaktim v. 1 p. 57 quotes Rav Elyashiv (Shvut Yitzchak v. 17 p. 52) and Orchot Shabbat 23:53 as strict and Shemirat Shabbat Kehilchata 30:25 as lenient.
- ↑ Shemirat Shabbat KeHilchata 30:24, Dor Hamelaktim v. 1 p. 57 citing Rav Moshe Feinstein (Rishumei Aharon 325:7)
- ↑ Shemirat Shabbat KeHilchata 30:25
- ↑ Shemirat Shabbat KeHilchata 30:26
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 70-1)
- ↑ The Gemara Shabbat 129a states that it is permitted to ask a non-Jew to do melacha, even if it is deoritta, for a sick person. Shulchan Aruch 328:17 and Shemirat Shabbat KeHilchata 30:11 codify this as halacha. The 39 Melachos (vol. 1, p. 73-4) gives a few a examples for above halacha: hospital patient, someone confined to bed out of illness, someone with the flu, severe toothache, severe earache, and a migraine.
- ↑ Shulchan Aruch O.C. 276:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74)
- ↑ Shulchan Aruch O.C. 307:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74)
- ↑ Shemirat Shabbat KeHilchata 30:11
- ↑ Shemirat Shabbat KeHilchata 30:11
- ↑ Shulchan Aruch 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, Rabbi Mansour on dailyhalacha.com
- ↑ Sh"t Igrot Moshe OC 3:42, Shemirat Shabbat KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591
- ↑ Shemirat Shabbat KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591
- ↑ Gemara Eruvin 67b, Shulchan Aruch 307:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74-5)
- ↑ Shemirat Shabbat KeHilchata 30:14
- ↑ Shemirat Shabbat KeHilchata 30:23, 39 Melachos (Rabbi Ribiat; vol 1, pg 75), Mishna Brurah 276:25. See also the Ramban (Shabbat 130b) regarding Gittin 8b.
- ↑ Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that there is room to debate whether the leniency of permitting Amirah LeNochri for the mitzvah of the multitude is a dispensation of the prohibition, in which case it stands to reason that it is only permitted if the mitzvah occurs on Shabbat, or whether chazal never instituted Amirah LeNochri in such a case, in which case it would be permitted even for a mitzvah that is to happen after Shabbat. See the Machasit HaShekel 307:8 allows Amirah LeNochri on a derabbanan for a mitzvah of the multitude that is to occur tomorrow, yet, the Taz 655:2 seems to forbid it. Ketav Sofer OC 116 explains the Rambam Shabbat 6:10 as saying that it is permitted to ask a non-Jew to bring a shofar from a tree on Shabbat for Yom Tov on Sunday, however, he isn't certain whether it is permitted since Shulchan Aruch doesn't quote that Rambam.
- ↑ The Pitchai Teshuva OC 276 quotes Rav Yitzchak Chaver who suggests that just like Torah is unlike other Mitzvot with regards to exempting one who is involved with a mitzvah from performing another mitzvah (osek be'mitzvah patur min hamitzvah) perhaps the same is true for Amirah LeNochri. The reason that learning Torah doesn't exempt one from performing other mitzvot is because Torah is supposed to practical fulfillment of Torah and mitzvot. Similarly, learning Torah can't be used as a valid dispensation of the prohibition of Amirah LeNochri for the sake of a mitzvah of the multitude (Mitzvah De'rabbim). The Orchot Chaim 514:7 disagrees and permits Amirah LeNochri for a congregation to learn Torah. 39 Melachos (vol 1, p. 75, n. 284a) quotes Rav Aharon Kotler as also permitting. Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that those who disagree with Rav Yitzchak Chaver hold that we don't view the mitzvah of the multitude as a dispensation for Amirah LeNochri, but rather for the mitzvah of the multitude, chazal never introduced a prohibition. If so, there's no distinction between learning Torah and any other mitzvah.
- ↑ Gemara Gittin 8b, Shulchan Aruch 306:11. Chazon Ovadia Shabbat Vol. 3, Laws of Amira Lenochri, halacha 3.
- ↑ Shemirat Shabbat KeHilchata 30:23, 39 Melachos (Rabbi Ribiat; vol 1, pg 75), Mishna Brurah 276:25. See also the Ramban (Shabbat 130b) regarding Gittin 8b.
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 75)
- ↑ Shemirat Shabbat KeHilchata 30:23
- ↑ Shulchan Aruch 307:5, Shemirat Shabbat KeHilchata 30:14
- ↑ Shemirat Shabbat KeHilchata 30:12
- ↑ Gemara Shabbat 121a, Rosh (Shabbat 16:10) quoting the Behag, Shulchan Aruch O.C. 307:19, Shulchan Aruch O.C. 334:26, Shemirat Shabbat KeHilchata 30:13
- ↑ Tiferet Yisrael in Kalkelet Hashabbat (Amira Lnochri 7:5) writes that anything which is a dispute is permitted to be done by a non-Jew. Pri Megadim M"Z 314:11 explains that the Maharshal does not hold of the principle of the Tiferet Yisrael that anything which is a dispute is permitted through a non-Jew. Melachim Emuncha 7:1 quotes this dispute.
- ↑ Shaar Hatziyun 586:122 writes that in an extenuating circumstance it is permitted to ask a non-Jew to carry a shofar from beyond the techum even of 12 mil for a mitzvah. Since Tosfot and the majority of poskim hold that all of techum is rabbinic especially on Yom Tov, even though the Rambam and Rif hold techum of 12 mil is biblical it is permitted to ask a non-Jew when it is for a mitzvah and an extenuating circumstance.
- ↑ Melachim Emuncha ch. 7 fnt. 4 quotes the Shaarei Tziyon 8 based on the Bet Halevi permits asking a non-Jew to carry from one private domain to another through a public domain because it is possible that the non-Jew will not stop in the public domain in which case the carrying will only be rabbinic (even though it is a dispute whether it is biblical). He is holding that carrying in a public domain in a large city is biblical.
- ↑ Melachim Emuncha ch. 7 fnt. 3 cites the Beer Yitzchak 13:9 who says that one could ask a non-Jew to fix a Sukkah on Yom Tov since building on Yom Tov according to Tosfot is only rabbinic, while according to the Rambam it is biblical however we could add the opinion of the Itur that Amirah Lnochri even for a biblical prohibition is permitted for a mitzvah. Melachim Emuncha notes that Beer Yitzchak didn't simply say that we can ask a non-Jew to do something which is a dispute whether it is biblical or rabbinic for a mitzvah purpose.
- ↑ Mishna Brurah 307:9, Shemirat Shabbat KeHilchata 30:2
- ↑ S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat Shabbat KeHilchata 30:3
- ↑ Shemirat Shabbat KeHilchata 30:9
- ↑ S”A 307:2, Shemirat Shabbat KeHilchata 30:2
- ↑ S”A 307:2, Shemirat Shabbat KeHilchata 30:3
- ↑ Shemirat Shabbat KeHilchata 30:10
- ↑ Shemirat Shabbat KeHilchata 30:21
- ↑ Mishna Shabbat 121a, Shulchan Aruch 334:25
- ↑ Gemara Shabbat 121a, Rosh 16:10, Shulchan Aruch 334:26
- ↑ Melachim Emuncha (Rabbi Zilberstein, 1:11, p. 40) concludes with many proofs that it is forbidden to do hachana through amirah lenochri. The 39 Melachos (Rabbi Ribiat, v. 1 fnt. 314) discusses if the entire concept of amirah lenochri only applies to melachot and not to the neglect of positive mitzvot of Shabbat. His conclusion is unclear and seems to be strict. Mechezeh Eliyahu 63:35 p. 180 cites the Magen Avraham 321:7 who implies clearly that there is amirah lenochri for hachana, while the Eliyah Rabba 252:12 clearly seems to permit it, he also cites a Pri Megadim who seems to be in doubt on the matter, however, his conclusion is that it is forbidden based on numerous Mishna Brurah's unless there is a financial loss. Mishna Brurah 319:62 is clear that there is amira lenochri for hachana.
- ↑ Rabbi Neuberger in Amirah Lnachri Shiur 6 (min 32-6) says that generally it is forbidden because of amirah lenochri on hachana. However, if the non-Jew is working on his own schedule and he prefers to do the cleanup on Shabbat as opposed to after Shabbat that is permitted. Nonetheless, on a regular basis it is a problem to let the non-Jew clean up on Shabbat is a problem since it is a zilzul Shabbat.
- ↑ S”A 261:1, Shemirat Shabbat KeHilchata 30:27
- ↑ Shemirat Shabbat KeHilchata 30:27
- ↑ Shemirat Shabbat KeHilchata 30:27
- ↑ Yalkut Yosef Shabbat 5752 v. 2 p. 243 307:3:9
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 72). Sh"t Chavot Yair 46 says if you tell one non-Jew to tell another one, that is permitted even for torah violations and certainly for violations that are only midirabanan.
- ↑ Chatom Sofer OC 60 relies upon the Chavot Yair only in a case where one asked the non-Jew before Shabbat. Biur Halacha (307:2 s.v. afilu) argues that we shouldn't accept the Chavot Yair nor the Chatom Sofer.
- ↑ S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on Shabbat and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew.
- ↑ *The Mishnah (Shabbat 17b) records a dispute between Beit Shammai and Beit Hillel regarding whether one may leave clothes at a non-Jewish cleaner before Shabbat. Beit Shammai forbid, while Beit Hillel permit. The Gemara (19a) records another dispute regarding giving a letter to a non-Jewish mailman before Shabbat, where Beit Hillel permit only if one stipulates a price for the job, while Beit Shammai forbid in all cases. Rashi s.v. Ela explains that once a price is fixed, the non-Jew may deliver it at his own convenience, and if he does so on Shabbat, he is not considered to be doing it for the Jew. Tosfot s.v. Ela and Rambam 6:12 apply the condition of stipulating a price to the case of giving clothes to a cleaner.
- Beit Yosef 252:2 quotes the Smag and other Rishonim who clarify that one may give clothes to a cleaner only if one does not stipulate that it be cleaned on Shabbat. S”A 252:2 codifies this as halacha. Mishna Brurah 252:16 adds that if one specifies that he wants the clothes to be ready on Motza’ei Shabbat, it is as if one told the non-Jew to clean it on Shabbat.
- The Pri Megadim (M”Z 244:5) writes that if the Jew wants the job to be finished by a certain time that would require the non-Jew to work on Shabbat unless he would overexert himself and work at night, it is considered as if the Jew stipulated that the non-Jew work on Shabbat. Similarly, Rav Hershel Schachter (Halachipedia Article 5773 #6) said that if by the nature of the business it is known that they won’t clean it after-hours but will do it on Shabbat, it is as if one stipulated that they do it on Shabbat. Rav Yosef Shalom Elyashiv (quoted by Sanctity of Shabbos p. 66), and Rav Chaim Pinchas Sheinburg (quoted by Sanctity of Shabbos p. 66) agreed.
- Sanctity of Shabbos (p. 66) infers from Eliyah Rabba 244:12 and Igrot Moshe 4:53 that even if the non-Jew would have to work into the night to complete it before Shabbat, it is not considered as though one stipulated that it be done on Shabbat.
- ↑ Rav Mordechai Willig (Am Mordechai p. 214) writes that since the garbage collectors work for the city, one may let non-Jewish garbage collectors pick up his garbage on Shabbat. The Sanctity of Shabbos (p. 84) adds that there’s no issue of marit ayin because it is well-known that the Jewish homeowner didn’t arrange for the garbage to be picked up on Shabbat. 39 Melachos v. 1 p. 86 agrees.
- ↑ 39 Melachos v. 1 p. 86 writes that it is permitted to have a private contractor remove garbage if you couldn't find another option since it is very uncommon to have a private contractor and it is always done as a contract and not paid for by time. Mishna Brurah 244:13 writes that contracting a non-Jew to take out the garbage is a problem of marit ayin. However, Ben Ish Chai (Shana Sheniya, Trumah, no. 3) and Yalkut Yosef 244:1 permit hiring a contractor to remove garbage in front of one's house for a fixed price as long as one doesn't tell them to do it on Shabbat. Then even if they come on Shabbat that is fine since everyone knows that trash removal is done by contracting for a fixed price and not by hour. Tiferet Mishna Brurah 244:13 cites Nediv Lev 10, Zera Emet 1:31, and Yabia Omer 8:28:9 who agree.
- ↑ Mishna Brurah 144:7 discusses contracting a house on Shabbat if everyone in the town contracts and doesn't hire by the hour. He concludes that some permit but one shouldn't be lenient. Igrot Moshe OC 4:52 writes that because of the rampant desecration of Shabbat we can't be lenient to contract a non-Jew to build a house on Shabbat. Ketav Sofer OC 43 cited by Dirshu 244:6 and Tiferet Mishna Brurah 244:9 agree.
- ↑ Shulchan Aruch OC 244:3 writes that it is proper not to benefit from the house built on Shabbat by non-Jews. Igrot Moshe 3:35 writes that after the fact the house is permitted today since it is generally contracted and not paid for by time. Tiferet Mishna Brurah 244:19 cites the Yabia Omer 8:28:13 who holds that whether the house was contracted or paid for by hiring day workers the house is only forbidden as a chumra.
- ↑ 39 Melachos v. 1 p. 83 writes that mowing the lawn is a zilzul Shabbat and having the non-Jew do it is also forbidden. Halacha Brurah 244:4 writes that an activity that is done on something attached to the ground at the Jew's house even though it is generally done as as a contract and not day worker one should be strict unless there is an extenuating circumstance. The Chayei Adam 3:10 is strict since there is a concern that you told the non-Jew to work on Shabbat and Mishna Brurah 252:17 accepts this. However, Halacha Brurah thinks many achronim are lenient and it is dependent on a dispute in the rishonim.
- ↑ Dor Hamelaktim v. 2 p. 1361 quotes a dispute between Minchat Yitzchak 6:25 and Shemirat Shabbat Kehilchata whether it is permitted to order a taxi for right after Shabbat. It could be forbidden since it is like asking them to drive on Shabbat to be ready for you after Shabbat or it could be permitted since them driving on Shabbat isn't part of the service requested.
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9)
- ↑ Mekor Chaim 3:35:4, Shabbat VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat Shabbat KeHilchata 20:28 rule strictly.
- ↑ 39 Melachos (Rabbi Ribitat); vol 1, pg 73) based on the leniency of Sh"t Chavot Yair 46 who allows this even on torah violations.
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 79)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 80)
- ↑ *The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on Shabbat. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on Shabbat, everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing.
- Rav Moshe Feinstein (quoted by The Sanctity of Shabbos p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for Shabbat is forbidden because of Amirah LeNochri. Rav Hershel Schachter (Halachipedia Article 5773 #6) said it would be forbidden even if one orders a weekly subscription that includes Shabbat.
- In another context, the Maharam Shick (O.C. 324) writes that it is not similar to the case of S”A 276:2 where halacha assumes that the non-Jew’s intent depends on the majority of the people for whom the melacha is done. In our case, every single print is for a specific need, and if the Jew didn’t subscribe, they would print less. Shemirat Shabbat K’hilchata 31:25, however, quotes Rav Shlomo Zalman Auerbach who argues that it is permitted to order a newspaper to be delivered on Shabbat if most of the subscribers are non-Jews because the additional printing is considered a grama, and perhaps the newspapers printed for Jews are nullified by the majority. Nonetheless, Shemirat Shabbat K’hilchata adds that if a non-Jew brought the newspaper through an area where there is no eruv, one may not read it on Shabbat.
- For more information, see Rabbi Daniel Stein in a shiur on yutorah.org.
- ↑ Shemirat Shabbat KeHilchata 30:28
- ↑ Shemirat Shabbat KeHilchata 30:30
- ↑ Shemirat Shabbat KeHilchata 30:31
- ↑ Shemirat Shabbat KeHilchata 30:33
- ↑ S”A 244:1, Mishna Brurah 244:5
- ↑ The Mishnah (Shabbat 17b) writes that Beit Hillel permitted leaving clothes at a non-Jewish cleaner before Shabbat. Tosfot 19a s.v. Ela adds that it is permitted only if one stipulated a price with the non-Jew. The Rashba (Shabbat 19a s.v. Ha) explains that if a price is fixed, the non-Jewish worker is considered a contractor, hired for a specific job. If the non-Jew is a contractor, he is working at his own convenience, whereas a non-Jewish day-worker is considered like the agent of the Jew.
- The Rambam (Shabbat 6:12) writes that if one hires a non-Jewish worker to perform a particular task for an extended period of time, it as if one stipulated a price for a particular job as long as the Jew isn’t particular about which days the non-Jew works. The Raavad, however, considers such a worker to be a day-worker.
- While the Beit Yosef 244:5 and Rama 244:5 rule like the Rambam, they clarify that the it is permitted only if the worker is told to do one particular task, but not if he is hired to do every task that the employer wants. The Magen Avraham 244:16 explains that if the non-Jew is hired for every task, it is almost certain that the Jew benefits from the non-Jew working on Shabbat as it is likely he will be needed for another task after Shabbat. Thus, Mishna Brurah 244:30 writes that one should protest against those who have maids that do work on Shabbat, because the maid is hired to do all the tasks that the employer chooses. See, however, the Mor Uketziah 244:5 who dismisses the Beit Yosef’s distinction, insisting that as long as the Jew isn’t particular when the non-Jew works, it should be permitted.
- ↑ Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos p. 91, n. 12) quotes Rav Moshe Feinstein, Rav Shlomo Zalman Auerbach, and Rav Chaim Pinchas Sheinberg as saying that maids were considered day-workers in the Mishna Brurah’s day because they could be called upon to work at any time. Nowadays, maids work regular hours and take off some days each week. These Poskim explain that if they do some work on Shabbat, it is simply for their convenience - in order to have free time another day of the week. Thus, today’s live-in maids are considered like contractors and not day-workers. Rav Cohen clarifies (p. 98-9) that this does not apply to a cleaning lady or a part-time help who is hired for a fixed number of hours on Shabbat. In such a case, the maid is like a day-worker and may be hired only to do activities that a Jew could do himself on Shabbat. The 39 Melachos (v. 1, p. 82) agrees.
- ↑ The Yerushalmi (Shabbat 1:8) states that it is permitted to hire non-Jewish contractors as long as they don’t do the work in the Jew’s house. Based on the Yerushalmi, the Rashba (Shabbat 19a s.v. Ha) limits Beit Hillel’s permission to leave clothes at a non-Jewish cleaner to a case where the work is not done in the Jewish employer’s home. Mishna Brurah 252:17 explains that if it is done in the employer’s home, it appears as though the Jew commanded the non-Jew to work on Shabbat. Shulchan Aruch 252:2 codifies the Rashba as halacha. Shemirat Shabbat Kehilchata 30:35 writes that work that a non-Jewish maid does in her own room is considered as though it was not done in the house of the Jew.
- Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos p. 91, n. 12) quotes Rav Moshe Feinstein as ruling that the issue of having a non-Jewish contractor work in the Jew’s home applies only to irregular activities, since it appears as if one commanded the non-Jew to do those activities on Shabbat. There is no concern, however, that a Jew instructed the non-Jew to do activities that are part of his daily routine. Rav Hershel Schachter (oral communication) finds this leniency difficult to accept.
- The Rosh (Shabbat 16:12) writes that one need not protest if on his own volition, a non-Jew infrequently does melacha for a Jew. However, it is forbidden to let the non-Jew consistently do melacha for a Jew without being instructed, because this constitutes a deceit (Haaramah). S”A 325:13 agrees. Thus, Rabbi Mordechai Willig (“Amira L’Nachri” min 10-12) rules that it is incorrect for shuls to have custodians to turn lights on and off every Shabbat, even if this is done without any explicit command.
- ↑ Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos p. 87-93) writes that even if a live-in maid is a contractor, the Jew may not benefit from melacha that is done on Shabbat, and the maid may not do anything that degrades the sanctity of Shabbat, such as vacuuming (See Rama 252:5).
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 81)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 81)
- ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, Rabbi Shlomo Zalman Auerbach, and Rabbi Chaim Pinchas Sheinburg. Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos, p. 87-93) summarizes that the 4 conditions restricting the work, which a non-Jewish live-in maid may do on Shabbat for a Jewish employer. 1) The Jew must tell the maid that she does not have to do the work on Shabbat and may do it before or after Shabbat. Similarly, the Jew may not instruct the non-Jew to do a melacha on Shabbat. 2) The maid may not do labors that she wouldn’t regularly do unless she does them in her room. 3) The maid may not do activities that degrade the sanctity of Shabbat, such as vacuuming (See Rama 252:5). 4) The Jew may not receive benefit from the non-Jew’s work on Shabbat. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..."
- ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9)
- ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89)
- ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89)
- ↑ Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65).
- The source for the prohibition to derive benefit from the melacha of a non-Jew on behalf of a Jew is the Mishna (Shabbat 122a). The Mishna states that if a non-Jew lights a candle for a Jew, the Jew may not benefit from it on Shabbat. This is codified by the Rambam (Shabbat 6:2), Tur, and Shulchan Aruch 276:1.
- ↑ The Gemara 122a states that if a non-Jew heated up water for Jews, the hot water is forbidden from benefit until after the time it would take to perform that melacha after Shabbat. Rashi 122a s.v. explains that by waiting until it would have been able to have been heated up after Shabbat, one is avoiding benefitting from the melacha of the non-Jew. This is codified by the Rambam (Shabbat 6:2) and Shulchan Aruch 326:13.
- The Ran (46a s.v. VeIm) distinguishes between the melacha that a Jew performs on Shabbat and that of a non-Jew. He writes that if a Jew performs melacha on Shabbat, according to those opinions that it is permitted after Shabbat, it is permitted immediately. If a non-Jew, however, performs melacha on the Jew's behalf, it is forbidden until after the time it would take to perform that task after Shabbat. He explains that whereas a Jew, whom we do not suspect of violating Shabbat intentionally, there is a concern that a Jew will become accustomed to the melacha of a non-Jew.
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 67)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 68)
- ↑ Rama 325:10
- ↑ Mishna Brurah 307:76, Magen Avraham, and Knesset Hagedolah in name of the Maharmat. Pri Megadim explains that it’s not real benefit since one could have read beforehand anyway and the light is just improved. This is codified in 39 Melachos (Rabbi Ribiat; vol 1 pg 66).
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 67)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 66)
- ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 69)
- ↑ Sh”t Or Letzion O”C 1:23
