Bots, Bureaucrats, Interface administrators, Suppressors, Administrators, wiki-admin, wiki-controller, wiki-editor, wiki-reader
1,679
edits
Transactions on Shabbat: Difference between revisions
From Halachipedia
→Gifts
(added a few details regarding hefker) |
(→Gifts) |
||
| Line 13: | Line 13: | ||
*The Mordechai (Betzah 2:676) writes that one should not give a gift on [[Yom Tov]] unless it’s for a mitzvah like a [[lulav]] and [[etrog]]. The Bet Yosef 527 quotes this and explains that it’s forbidden since it’s similar to doing business on [[Shabbat]]. The Chida in Birkei Yosef 306:7 holds it’s forbidden and supports this from the opinion of the Ramban, Rashba, Ritva (Ketubot 7a), and Magen Avraham 306:15. Bet Meir (Even HaEzer 45e) argues that the gemara Beitzah 14b, Rif, Rambam, Tur and S”A imply that it is permitted unless it is similar to kedushin. Sh”t Binyan Shlomo 17 writes that a gift from hand to hand is permitted based on Rashbam (Bava Batra 156b). Sefer HaMakneh (similar to Tosfot [[Shabbat]] 3a) says the prohibition is only on the recipient but it’s not allowed for the giver to cause the recipient to sin. Shemirat Shabbat KeHilchata 29:29 writes that the prohibition applies both to the recipient as well as the giver. Yalkut Yosef concludes, if one received a present on [[Shabbat]] and there’s no Tzorech [[Shabbat]], one should have in mind not to acquire it until after [[Shabbat]].</ref> | *The Mordechai (Betzah 2:676) writes that one should not give a gift on [[Yom Tov]] unless it’s for a mitzvah like a [[lulav]] and [[etrog]]. The Bet Yosef 527 quotes this and explains that it’s forbidden since it’s similar to doing business on [[Shabbat]]. The Chida in Birkei Yosef 306:7 holds it’s forbidden and supports this from the opinion of the Ramban, Rashba, Ritva (Ketubot 7a), and Magen Avraham 306:15. Bet Meir (Even HaEzer 45e) argues that the gemara Beitzah 14b, Rif, Rambam, Tur and S”A imply that it is permitted unless it is similar to kedushin. Sh”t Binyan Shlomo 17 writes that a gift from hand to hand is permitted based on Rashbam (Bava Batra 156b). Sefer HaMakneh (similar to Tosfot [[Shabbat]] 3a) says the prohibition is only on the recipient but it’s not allowed for the giver to cause the recipient to sin. Shemirat Shabbat KeHilchata 29:29 writes that the prohibition applies both to the recipient as well as the giver. Yalkut Yosef concludes, if one received a present on [[Shabbat]] and there’s no Tzorech [[Shabbat]], one should have in mind not to acquire it until after [[Shabbat]].</ref> | ||
#It is permitted to give gifts on [[Shabbat]] if the gift is needed for the purposes of [[Shabbat]].<ref>The Mishna Brurah 306:33 and 323:34 writes that one is allowed to give a gift on [[Shabbat]] if it is needed for [[Shabbat]] purposes (Tzorech [[Shabbat]]). Shemirat Shabbat KeHilchata 29:31 agrees. </ref> | #It is permitted to give gifts on [[Shabbat]] if the gift is needed for the purposes of [[Shabbat]].<ref>The Mishna Brurah 306:33 and 323:34 writes that one is allowed to give a gift on [[Shabbat]] if it is needed for [[Shabbat]] purposes (Tzorech [[Shabbat]]). Shemirat Shabbat KeHilchata 29:31 agrees. Yalkut Yosef (306:7-13) quotes this from Shulchan Aruch Harav 306:15 as well. It isn't clear if Yalkut Yosef agrees. </ref> | ||
#One is allowed to give a gift of food which is going to be used on [[Shabbat]].<ref>Shulchan Aruch HaRav 306:15 allows a gift of food which is for the need of [[Shabbat]]. </ref> | #One is allowed to give a gift of food which is going to be used on [[Shabbat]].<ref>Shulchan Aruch HaRav 306:15 allows a gift of food which is for the need of [[Shabbat]]. </ref> | ||
#The practice of the Shul administration to give a present to a Bar mitzvah boy or Bat mitzvah girl on [[Shabbat]] has what to rely on. However it’s better to do a kinyan before [[Shabbat]] by giving it to someone who will pick it up and say “I’m acquiring it for so and so as a gift”.<ref>Yalkut Yosef 306:26, Sh”t Yechave Daat 3:21, [https://www.torahanytime.com/#/lectures?v=145037 Rav Yitzchak Yosef (Motzei Shabbat Vayikra 5781 min 4)]. Magen Avraham 206:15 challenges the practice to give gifts to a groom on [[Shabbat]] but leaves the matter unresolved. Eliyah Raba 306:19 argues that it’s permitted because of Simchat Chatan VeKala and Kavod Torah. The Chatam Sofer agrees. Thus, Yalkut Yosef concludes if the [[Bar Mitzvah]] boy gives a Dvar Torah to the community, the community can give him a gift to encourage him to continue learning. Additionally, they usually give is Sifrei Kodesh which can be read on [[Shabbat]]. Preferably, Sh”t Yehuda Yaleh Asad O”C 83 and Sh”t Seridei Esh 2:26 advise that the recipient should have in mind not to acquire the gift until after [[Shabbat]]. Sh”t Hillel Omer 197, Sh”t Bet Avi O”C 31, Sh”t Kapei Aharon Epstein 59 say the Gabai of the shul can give the gift to someone else before [[Shabbat]] with a [[kinyan]] on behalf of the bar mitzvah boy. </ref> | #The practice of the Shul administration to give a present to a Bar mitzvah boy or Bat mitzvah girl on [[Shabbat]] has what to rely on. However it’s better to do a kinyan before [[Shabbat]] by giving it to someone who will pick it up and say “I’m acquiring it for so and so as a gift”.<ref>Yalkut Yosef 306:26, Sh”t Yechave Daat 3:21, [https://www.torahanytime.com/#/lectures?v=145037 Rav Yitzchak Yosef (Motzei Shabbat Vayikra 5781 min 4)]. Magen Avraham 206:15 challenges the practice to give gifts to a groom on [[Shabbat]] but leaves the matter unresolved. Eliyah Raba 306:19 argues that it’s permitted because of Simchat Chatan VeKala and Kavod Torah. The Chatam Sofer agrees. Thus, Yalkut Yosef concludes if the [[Bar Mitzvah]] boy gives a Dvar Torah to the community, the community can give him a gift to encourage him to continue learning. Additionally, they usually give is Sifrei Kodesh which can be read on [[Shabbat]]. Preferably, Sh”t Yehuda Yaleh Asad O”C 83 and Sh”t Seridei Esh 2:26 advise that the recipient should have in mind not to acquire the gift until after [[Shabbat]]. Sh”t Hillel Omer 197, Sh”t Bet Avi O”C 31, Sh”t Kapei Aharon Epstein 59 say the Gabai of the shul can give the gift to someone else before [[Shabbat]] with a [[kinyan]] on behalf of the bar mitzvah boy. </ref> | ||
#Someone from the diaspora visiting Israel for Yom Tov can give a gift on the [[second day of Yom Tov]] to an Israeli keeping only one day. However, the Jew from the diaspora may not accept a gift from an Israeli on the [[second day of Yom Tov]].<ref>Betzel Hachachma 3:123</ref> | #Someone from the diaspora visiting Israel for Yom Tov can give a gift on the [[second day of Yom Tov]] to an Israeli keeping only one day. However, the Jew from the diaspora may not accept a gift from an Israeli on the [[second day of Yom Tov]].<ref>Betzel Hachachma 3:123</ref> | ||
#It is possible to avoid this issue by halachically making the gift belong to the recipient from before Shabbat. This can be done even not in the presence of the recipient by handing the gift to a third party to acquire the gift on behalf of the recipient. This principle is called ''zachin'' (heb. זכין; lit. benefitting) and effectively makes the gift belong to the recipient from before Shabbat.<ref>Yalkut Yosef 306:25, Piskei Teshuvot 306:22</ref> | |||
#It is possible to halachically make gifts belong to a group of recipients before Shabbat even it isn't known who is going to keep which item. For example, at a simcha it is permitted to do this to allow guests to keep the bencher, zemiros, or chumash. Similarly, this can be used to make a prize for children belong to the eventual winner of the prize on Shabbat. This relies on the principle that ''beriera'' (heb. ברירה; lit. retroactively clarified), having the recipient of an intended gift can retroactively be clarified after the fact, is effective for matters that are only rabbinic. Some poskim argue that this isn't an effective solution.<ref>Orchot Matana p. 178 writes that it is impossible to use bereira to give a gift before Shabbat to an unknown recipient since the gift has to be valid as a halachically valid acquisition. Since acquisitions are biblical and there's no bereira for a biblical matter, this solution is ineffective. However, Mesilot Hashabbat v. 2 p. 125 writes that this is a good solution since the entire prohibition of giving a gift on Shabbat is only rabbinic bereira may be employed. He quotes this from Leket Halacha v. 10 p. 106 and Nishmat Hashabbat 1:485. Yalkut Yosef (Erev Pesach Shechal Bshabbat p. 106) implies this as well as he applies beriera to a sale of chametz that is effective on Shabbat. Additionally, Shulchan Aruch O.C. 413:1 could be a proof for this point of view, see however Avi Ezri Hilchot Eruvin. </ref> | |||
==Making Ownerless== | ==Making Ownerless== | ||
