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# There are three reasons for the Rabbinic prohibition to instruct a non-Jew to proform work for a Jew on Shabbat.
* Asking a non-Jew to do work will cause a laxity in the observance of Shabbat
* There’s a statement from the prophets which says “Daber Davar” meaning that one’s speech on Shabbat should be different from one’s speech on the weekdays
* Instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 63-4) </ref>
# There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat Shabbat KeHilchata 30:1 </ref>
==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 whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat Shabbat KeHilchata 30:1. Rambam Shabbat 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref>
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat Shabbat KeHilchata 30:1. Rambam Shabbat 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref>
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on Shabbat. <ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on Shabbat. <ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </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 command===
===Hints which also 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. <Ref> Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3 </ref>
# 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 don’t include a command are: “Why didn’t you turn off the light last Shabbat”, “Anyone who turns off the flame won’t loose”, “Do me a favor, there’s not enough light in the room”. <Ref>Shemirat Shabbat KeHilchata 30:5-7 </ref>
# Example of a hint that don’t 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 loose”, <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 command===
===Hints which don’t command===
# It’s permissible to hint to a non-Jew to do work on Shabbat if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3 </ref> Regarding benefiting from such work, see further.  
# It’s permissible to hint to a non-Jew to do work on Shabbat if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3 </ref> Regarding benefiting from such work, see further.  
# Example of a hint that don’t include a command are: “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”, “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat Shabbat KeHilchata 30:5-6 </ref>
# 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>
# 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>
# 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 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>
# 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>
===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 it such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref>
===Telling a non-Jew to do work after Shabbat===
===Telling a non-Jew to do 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 Shabbat KeHilchata 30:2 </ref>
# 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>
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# 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 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>
# 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>
# 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>
==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 should 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) </ref>
==Hiring a non-Jew==
==Hiring a non-Jew==
# 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>
# 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>
==Leaving work by a non-Jew==
==Leaving work by a non-Jew==
# It’s permissible to give a goy on the weekday clothing to mend, or a car to fix since there was no command to work on Shabbat, it’s in private, 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 so there’s no time for the goy to fix it before or after 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 is strict. </ref>
# It’s permissible to give a goy on the weekday clothing to mend, or a car to fix since there was no command to work on Shabbat, it’s in private, 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 so there’s no time for the goy to fix it before or after 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 is strict. </ref>
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# One can’t have a goy build on the field or harvest the field of a Jew on Shabbat since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref>
# One can’t have a goy build on the field or harvest the field of a Jew on Shabbat since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </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 the non-Jew performs on behalf of a Jew. <Ref>Shemirat Shabbat KeHilchata 30:1, 4 </ref>
# It’s forbidden to derive direct benefit from work that the non-Jew performs on behalf of a Jew even if the Jew did not command the non-Jew at all. <Ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref>
# 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. <Ref> Mishna Brurah 307:76, Magan Avraham, Knesset Hagedolah in name of the Maharmat. Pri Megadim says it’s not real benefit since one could have read beforehand anyway and the light is just improved. </ref>
===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. <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’s 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). <Ref> Mishna Brurah 307:76, Magan 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 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>
# 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>
# 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>
# 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>
==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, earache, or migraine headaches).
# 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>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </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. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>
==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. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74-5) </ref>
# In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta. For example, if an Eruv fell on Shabbat it’s permissible to ask a non-Jew to fix it on Shabbat even if it involves Melacha Deoritta. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 75) </ref>
# 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>
==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. <Ref> Sh”t Or Letzion O”C 1:23 </ref>
# 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>

Revision as of 05:35, 21 April 2011

  1. There are three reasons for the Rabbinic prohibition to instruct a non-Jew to proform work for a Jew on Shabbat.
  • Asking a non-Jew to do work will cause a laxity in the observance of Shabbat
  • There’s a statement from the prophets which says “Daber Davar” meaning that one’s speech on Shabbat should be different from one’s speech on the weekdays
  • Instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender. [1]
  1. There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. [2]

Telling a non-Jew to do a forbidden activity

  1. It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. [3]
  2. It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on Shabbat. [4]
  3. 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. [5]

Hints which also command

  1. 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. [6]
  2. Example of a hint that don’t 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 loose”, [7] or “ If you lower the flame, I will reward you for your effort”. [8]

Hints which don’t command

  1. It’s permissible to hint to a non-Jew to do work on Shabbat if one uses a hint that doesn’t include a command. [9] Regarding benefiting from such work, see further.
  2. 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” [10] “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”. [11]
  3. 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. [12]
  4. It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. [13]
  5. It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the mail. [14]

If the non-Jew asks

  1. 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 it such an action was done”. [15]

Telling a non-Jew to do work after Shabbat

  1. It’s forbidden to tell a non-Jew on Shabbat to do a prohibited activity after Shabbat. [16]
  2. 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. [17]
  3. 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). [18]

Telling a non-Jew before or after Shabbat

  1. It’s forbidden to tell a non-Jew before or after Shabbat to do a prohibited activity on Shabbat. [19]
  2. 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. [20]
  3. 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). [21]

Requesting one non-Jew to tell another

  1. 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 should use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after Shabbat. [22]

Hiring a non-Jew

  1. 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. [23]

Leaving work by a non-Jew

  1. It’s permissible to give a goy on the weekday clothing to mend, or a car to fix since there was no command to work on Shabbat, it’s in private, 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 so there’s no time for the goy to fix it before or after Shabbat. However if there’s a need Sephardim are lenient and Ashkenazim are strict. [24]

Non-Jew working at a Jewish home

Non-Jew working with Jewish owned items

  1. One can’t have a goy build on the field or harvest the field of a Jew on Shabbat since anything attached to the ground is clear that it belongs to the Jew. [25]

Deriving benefit from work of a non-Jew

  1. It’s forbidden to derive direct benefit from work that the non-Jew performs on behalf of a Jew even if the Jew did not command the non-Jew at all. [26]

If done for personal benefit

  1. 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. [27]
  2. 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. [28]

What’s direct benefit?

  1. 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). [29]
  2. 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. [30]
  3. 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. [31]
  4. 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. [32]
  5. 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. [33]
  6. 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. [34] 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. [35]

For a sick person

  1. 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, earache, or migraine headaches).
  2. 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. [36]
  3. 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. [37]

For a Mitzvah

  1. 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. [38]
  2. In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta. For example, if an Eruv fell on Shabbat it’s permissible to ask a non-Jew to fix it on Shabbat even if it involves Melacha Deoritta. [39]
  3. In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta. [40]

Commanding animals to do work

  1. 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. [41]

References

  1. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 63-4)
  2. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat Shabbat KeHilchata 30:1
  3. ↑ Shemirat Shabbat KeHilchata 30:1. Rambam Shabbat 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew.
  4. ↑ Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan.
  5. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 64)
  6. ↑ Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3, 39 Melachos (Rabbi Ribiat; vol 1 pg 71)
  7. ↑ Shemirat Shabbat KeHilchata 30:5-7
  8. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 71)
  9. ↑ Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3
  10. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 70)
  11. ↑ Shemirat Shabbat KeHilchata 30:5-6
  12. ↑ Shemirat Shabbat KeHilchata 30:7
  13. ↑ Shemirat Shabbat KeHilchata 30:8
  14. ↑ Shemirat Shabbat KeHilchata 30:10
  15. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 70-1)
  16. ↑ Mishna Brurah 307:9, Shemirat Shabbat KeHilchata 30:2
  17. ↑ S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat Shabbat KeHilchata 30:3
  18. ↑ Shemirat Shabbat KeHilchata 30:9
  19. ↑ S”A 307:2, Shemirat Shabbat KeHilchata 30:2
  20. ↑ S”A 307:2, Shemirat Shabbat KeHilchata 30:3
  21. ↑ Shemirat Shabbat KeHilchata 30:10
  22. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 72)
  23. ↑ 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.
  24. ↑ 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 is strict.
  25. ↑ S”A 244:1, Mishna Brurah 244:5
  26. ↑ Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  27. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 67)
  28. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 68)
  29. ↑ Mishna Brurah 307:76, Magan 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).
  30. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  31. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 67)
  32. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  33. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  34. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 66)
  35. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 69)
  36. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 74)
  37. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 74)
  38. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 74-5)
  39. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 75)
  40. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 75)
  41. ↑ Sh”t Or Letzion O”C 1:23
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