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# 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>
# 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>
# 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>
# 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>
# 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>S"A 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </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. <Ref>S"A 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>
# 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>
# 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>
# 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>

Revision as of 23:53, 30 April 2013

There are three 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, (2) 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, and (3) instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender. [1] There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. [2] See also Summary of Amirah LeNochri.

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 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 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]

On his own initiative

  1. One may tell a non-Jew to do a permissible activity even if it’s clear that the non-Jew will do a prohibited activity while doing that task unless the non-Jew has in mind that the Jew will benefit directly from the prohibited activity. [22]
  2. 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. [23]
  3. 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. [24]
  4. 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. [25]

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. [26]
  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. [27]
  4. 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. [28]
  5. 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. [29]
  6. 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. [30]
  7. 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. [31]
  8. 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. [32]

To save Sefarim

  1. 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. [33]

For a big loss

  1. If one is about to have a big loss it’s 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. [34]

Asking a non-Jew to do a Derabbanan

  1. In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. [35]
  2. 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. [36]

To remove a obstacle

  1. It’s permissible to ask a non-Jew to remove a obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan. [37]
  2. It’s permissible to ask a non-Jew to tie an eruv string that fell on Shabbat so that many people don’t carry on Shabbat unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. [38]

During Ben HaShemashot

  1. During Ben 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. [39]
  2. Therefore, during Ben HaShemashot, one may ask a non-Jew to turn on the lights in the room where one will have the Shabbat meals. [40]
  3. Therefore, if one forgot to light Shabbat candles, one may ask a non-Jew during Ben HaShemashot to light the candles, however, one shouldn’t make a Bracha on such a lighting. [41]

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. [42]

Hiring a non-Jew before Shabbat

  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. [43]
  2. 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. [44]
  3. If one’s scheduled garbage pickup is on Shabbat, one may allow the sanitation department to pickup one’s garbage on Shabbat. [45]

Leaving work by a non-Jew

  1. 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. [46]
  2. 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. [47]
  3. 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. [48]
  4. 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. [49]
  5. 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. [50]
  6. 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.[51]

A non-Jewish maid

  1. 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). [52]
  2. 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. [53]
  3. 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. [54]
  4. 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. [55]
  5. It order to avoid degradation of the sanctity of Shabbat one may not have a maid garden or wash windows. [56]
  6. 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. [57]

Hiring a non-Jew

  1. 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. [58]
  2. 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. [59]
  3. 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. [60]

Paying non-Jews

  1. It’s permissible to pay on Shabbat not using money such as by giving a piece of cake. [61]

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. [62]

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. [63]

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. [64]
  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. [65]

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). [66]
  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. [67]
  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. [68]
  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. [69]
  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. [70]
  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. [71] 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).
  7. 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. [72]

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. [73]
  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. [74]
  3. In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta. [75]

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. [76]

Related Pages

Sources

  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. 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.
  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. ↑ Shemirat Shabbat KeHilchata 30:24
  23. ↑ Shemirat Shabbat KeHilchata 30:24
  24. ↑ Shemirat Shabbat KeHilchata 30:25
  25. ↑ Shemirat Shabbat KeHilchata 30:26
  26. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 74)
  27. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 74)
  28. ↑ Shemirat Shabbat KeHilchata 30:11
  29. ↑ Shemirat Shabbat KeHilchata 30:11
  30. ↑ S"A 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, Rabbi Mansour on dailyhalacha.com
  31. ↑ Sh"t Igrot Moshe OC 3:42, Shemirat Shabbat KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591
  32. ↑ Shemirat Shabbat KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591
  33. ↑ Shemirat Shabbat KeHilchata 30:12
  34. ↑ Shemirat Shabbat KeHilchata 30:13 based on S”A 307:19 and 334:26
  35. ↑ Shemirat Shabbat KeHilchata 30:14
  36. ↑ Shemirat Shabbat KeHilchata 30:21
  37. ↑ Shemirat Shabbat KeHilchata 30:23
  38. ↑ Shemirat Shabbat KeHilchata 30:23
  39. ↑ S”A 261:1, Shemirat Shabbat KeHilchata 30:27
  40. ↑ Shemirat Shabbat KeHilchata 30:27
  41. ↑ Shemirat Shabbat KeHilchata 30:27
  42. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 72)
  43. ↑ 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.
  44. ↑
    • 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. Mishnah 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 afterhours 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 (ibid.) agreed.
    • Sanctity of Shabbos (ibid.) 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.
  45. ↑ 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.
  46. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9)
  47. ↑ 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.
  48. ↑ 39 Melachos (Rabbi Ribitat); vol 1, pg 73)
  49. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 79)
  50. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 80)
  51. ↑
    • 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.
  52. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 81)
  53. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 81)
  54. ↑ 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..."
  55. ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9)
  56. ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89)
  57. ↑ The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89)
  58. ↑ Shemirat Shabbat KeHilchata 30:28
  59. ↑ Shemirat Shabbat KeHilchata 30:30
  60. ↑ Shemirat Shabbat KeHilchata 30:31
  61. ↑ Shemirat Shabbat KeHilchata 30:33
  62. ↑ S”A 244:1, Mishna Brurah 244:5
  63. ↑ Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  64. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 67)
  65. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 68)
  66. ↑ 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).
  67. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  68. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 67)
  69. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  70. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 65)
  71. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 66)
  72. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 69)
  73. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 74-5)
  74. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 75)
  75. ↑ 39 Melachos (Rabbi Ribiat; vol 1, pg 75)
  76. ↑ Sh”t Or Letzion O”C 1:23
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