Amirah LeNochri

From Halachipedia

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. [1]
  2. It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on Shabbat. [2]

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. [3]
  2. 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”. [4]

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. [5] Regarding benefiting from such work, see further.
  2. 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”. [6]
  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. [7]
  4. It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. [8]
  5. It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the mail. [9]

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. [10]
  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. [11]
  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). [12]

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. [13]
  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. [14]
  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). [15]

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. [16]

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. [17]

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. [18]

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. [19]
  2. 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. [20]

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. [21]

References

  1. ↑ 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.
  2. ↑ Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan.
  3. ↑ Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3
  4. ↑ Shemirat Shabbat KeHilchata 30:5-7
  5. ↑ Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3
  6. ↑ Shemirat Shabbat KeHilchata 30:5-6
  7. ↑ Shemirat Shabbat KeHilchata 30:7
  8. ↑ Shemirat Shabbat KeHilchata 30:8
  9. ↑ Shemirat Shabbat KeHilchata 30:10
  10. ↑ Mishna Brurah 307:9, Shemirat Shabbat KeHilchata 30:2
  11. ↑ S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat Shabbat KeHilchata 30:3
  12. ↑ Shemirat Shabbat KeHilchata 30:9
  13. ↑ S”A 307:2, Shemirat Shabbat KeHilchata 30:2
  14. ↑ S”A 307:2, Shemirat Shabbat KeHilchata 30:3
  15. ↑ Shemirat Shabbat KeHilchata 30:10
  16. ↑ 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.
  17. ↑ 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.
  18. ↑ S”A 244:1, Mishna Brurah 244:5
  19. ↑ Shemirat Shabbat KeHilchata 30:1, 4
  20. ↑ 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.
  21. ↑ Sh”t Or Letzion O”C 1:23
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