Transactions on Shabbat

From Halachipedia

Sales

  1. It is forbidden to buy, sell, give rent, and take rent on Shabbat applying both to the buyer and seller. [1]

Gifts

  1. One may not give gifts on Shabbat unless it is permitted by following halachot.[2]
  2. It is permitted to give gifts on Shabbat if the gift is needed for the purposes of Shabbat. [3]
  3. One is allowed to give a gift of food which is going to be used on Shabbat. [4]
  4. The practice of the Shul administration to give a present to a Bar mitzvah boy 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”. [5]

Sources

  1. ↑ The Mishna (Beitzah 36b) states that one may perform Kiddushin or designate an item as Hekdesh on Shabbat. The Gemara (37a) explains that these activities were forbidden because of the prohibition of doing business (Mekach UMemkar) on Shabbat. Rashi 37a s.v. Mishum offers two reasons to forbid business on Shabbat. Firstly, it should be prohibited based on “Memsoh Chefsecha VeDaber Davar” in Yishayahu, which is understood by chazal to mean that one should refrain from engaging or speaking about weekday activities on Shabbat. Secondly, doing business on Shabbat is forbidden as a rabbinic enactment lest one come to write down the details of the transaction. The Ramban (Vayikra 23:24) explains that this rabbinic prohibition of doing business on Shabbat is essentially based on the biblical mitzvah of “Shabaton” which refers to resting on Shabbat.
  2. ↑ Mishna Brurah 306:34, Shemirat Shabbat KeHilchata 29:31, Yalkut Yosef (306:67, Shabbat v. 2 p. 158).
    • 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 recieved a present on Shabbat and there’s no Tzorech [[Shabbat], one should have in mind not to acquire it until after Shabbat.
  3. ↑ 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.
  4. ↑ Shulchan Aruch HaRav 306:15 allows a gift of food which is for the need of Shabbat.
  5. ↑ Yalkut Yosef 306:26 and Sh”t Yechava Daat 3:21. Magan 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.
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