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Sechar Shabbat: Difference between revisions
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==Permissible Way to Receive Payment - Havla'a (lit: swallowed)== | ==Permissible Way to Receive Payment - Havla'a (lit: swallowed)== | ||
# It is permissible to receive payment for work done over a period of time such as a month, week, or year, even if [[Shabbat]] is included. This is known as the heter of havla'a (lit: swallowed up).<ref>Rambam Shabbat 6:25, Rosh Ketubot 5:37. The gemara in bava metzia 58a cites a beraisa that distinguishes between a guard who is hired just for shabbos, who may not receive payment and therefore is not responsible if something happens, and a guard who is hired for a longer period of time (e.g. week, month, year, shemitta cycle), who may receive payment and is therefore responsible for guarding. S”A (306:4) paskens this gemara. This is known as Schar Shabbos B’Havla’ah, Shabbos payments which are blended in, or literally swallowed up, with week payments. Rav Herschel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/751485/Rabbi_Hershel_Schachter/Doing_Business_on_Shabbat_%E2%80%93_Schar_Shabbat Doing Business on Shabbos – Schar Shabbos] min. 43-45) explains that Havla’ah is when the unit that is paid is larger than Shabbos. If one were to pay an hourly rate, any hours charged on Shabbos would be schar shabbos. But if one pays a flat rate which includes services not performed on Shabbos, this would be permitted because of havla’ah. Shemirat Shabbat Kehilchita 28:64 in the footnote explains that since the gezeirah of schar shabbos is because we are concerned that one may come to write down the transaction on shabbos, the Rabbis didn’t extend the gezeirah to a case where one receives wages over a longer period of time, because we are not concerned that one will write down the transaction on shabbos given that they can write it down either before or after. </ref> | # It is permissible to receive payment for work done over a period of time such as a month, week, or year, even if [[Shabbat]] is included. This is known as the heter of havla'a (lit: swallowed up).<ref>Rambam Shabbat 6:25, Rosh Ketubot 5:37. The gemara in bava metzia 58a cites a beraisa that distinguishes between a guard who is hired just for shabbos, who may not receive payment and therefore is not responsible if something happens, and a guard who is hired for a longer period of time (e.g. week, month, year, shemitta cycle), who may receive payment and is therefore responsible for guarding. S”A (306:4) paskens this gemara. This is known as Schar Shabbos B’Havla’ah, Shabbos payments which are blended in, or literally swallowed up, with week payments. Rav Herschel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/751485/Rabbi_Hershel_Schachter/Doing_Business_on_Shabbat_%E2%80%93_Schar_Shabbat Doing Business on Shabbos – Schar Shabbos] min. 43-45) explains that Havla’ah is when the unit that is paid is larger than Shabbos. If one were to pay an hourly rate, any hours charged on Shabbos would be schar shabbos. But if one pays a flat rate which includes services not performed on Shabbos, this would be permitted because of havla’ah. Shemirat Shabbat Kehilchita 28:64 in the footnote explains that since the gezeirah of schar shabbos is because we are concerned that one may come to write down the transaction on shabbos, the Rabbis didn’t extend the gezeirah to a case where one receives wages over a longer period of time, because we are not concerned that one will write down the transaction on shabbos given that they can write it down either before or after. </ref> | ||
## According to Ashkenazim, this is only true if each side sees the agreement as a unit. However, if each day is viewed as a separate entity, and either party can retract on any given day, then we don't view the | ## According to Ashkenazim, this is only true if each side sees the agreement as a unit. However, if each day is viewed as a separate entity, and either party can retract on any given day, then we don't view the shabbat payment as "nivlah" (lit: absorbed) in the weekday payment, and so it is not permissible to receive wages for the [[Shabbat]].<ref>Rama 306:4, Mishna Brurah 306:20, Shemirat Shabbat KeHilchata 28:64 </ref> | ||
# Rentals | # Rentals | ||
## One may not receive payment for renting out a room for [[Shabbat]] specifically, rather one should stipulate that the rental should begin a little before [[Shabbat]] or end a little after.<ref>Shemirat Shabbat KeHilchata 28:71 </ref> | ## One may not receive payment for renting out a room for [[Shabbat]] specifically, rather one should stipulate that the rental should begin a little before [[Shabbat]] or end a little after.<ref>Shemirat Shabbat KeHilchata 28:71 </ref> | ||
## One may rent out a car even if the rental is paid per day and includes [[Shabbat]], because the rental day goes by a 24-hour period (from morning to morning), and included in the payment for [[Shabbat]] is also a few hours during the week, either before or after [[Shabbat]].<ref>Shemirat Shabbat KeHilchata 28:67 </ref> | ## One may rent out a car even if the rental is paid per day and includes [[Shabbat]], because the rental day goes by a 24-hour period (from morning to morning), and included in the payment for [[Shabbat]] is also a few hours during the week, either before or after [[Shabbat]].<ref>Shemirat Shabbat KeHilchata 28:67 </ref> | ||
# Services | # Services | ||
## A Jew may serve as a waiter on | ## A Jew may serve as a waiter on shabbat provided he does some set-up before shabbat, or cleanup after shabbat. | ||
==Other Leniencies== | ==Other Leniencies== | ||
=== Mitzvah === | === Mitzvah === | ||
# There is a debate in the rishonim whether one is allowed to receive payment for rendering a service on | # There is a debate in the rishonim whether one is allowed to receive payment for rendering a service on shabbat if it is a mitzvah. | ||
## Examples include being the chazan, bal koreh, scholar-in-residence, or mashgiach. | ## Examples include being the chazan, bal koreh, scholar-in-residence, or mashgiach. | ||
# Generally speaking, one may be lenient to receive payment (although he won't see a siman bracha from this payment<ref>Mishnah Berura siman 306 s.k. 23</ref>), but it is better to rely upon the leniency of havla'a by working or preparing during the week as well and being paid for the total job.<ref> The Mordechai (Kesubos 189) quotes from Rabbeinu Baruch that hiring chazanim or baalei keriah on Shabbos should be prohibited because of schar shabbos, but then he cites from R' Shmuel that maybe it is permitted because it is a mitzvah. The Shulchan Aruch (306:5) writes that it is prohibited to hire chazanim to daven on Shabbos, but that some say (יש אומרים) it’s permitted. As a general rule, when the Shulchan Aruch writes a halacha and then writes “some permit it,” we follow the first opinion (סתם ואחר כך יש אומרים, הלכה כסתם). So it therefore it seems, in terms of schar shabbos, that there should be no difference whether the work is a mitzvah or not. | # Generally speaking, one may be lenient to receive payment (although he won't see a siman bracha from this payment<ref>Mishnah Berura siman 306 s.k. 23</ref>), but it is better to rely upon the leniency of havla'a by working or preparing during the week as well and being paid for the total job.<ref> The Mordechai (Kesubos 189) quotes from Rabbeinu Baruch that hiring chazanim or baalei keriah on Shabbos should be prohibited because of schar shabbos, but then he cites from R' Shmuel that maybe it is permitted because it is a mitzvah. The Shulchan Aruch (306:5) writes that it is prohibited to hire chazanim to daven on Shabbos, but that some say (יש אומרים) it’s permitted. As a general rule, when the Shulchan Aruch writes a halacha and then writes “some permit it,” we follow the first opinion (סתם ואחר כך יש אומרים, הלכה כסתם). So it therefore it seems, in terms of schar shabbos, that there should be no difference whether the work is a mitzvah or not. | ||
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=== Give the Payment as a Gift === | === Give the Payment as a Gift === | ||
# If one does not pre-arrange how much will be paid for the service rendered, and then after | # If one does not pre-arrange how much will be paid for the service rendered, and then after shabbat simply gives the payment as a gift, this is permitted.<ref>Mishnah Berurah siman 306 s.k. 24 writes this heter in the context of one hiring a chazan just for shabbos, who does not wish to rely upon the heter of it being a dvar mitzvah. </ref> | ||
# Someone watching children every [[Shabbat]] can receive the wages as a gift. <ref> Sh”t Bear Moshe 5:103 </ref> | # Someone watching children every [[Shabbat]] can receive the wages as a gift. <ref> Sh”t Bear Moshe 5:103 </ref> | ||
==Interest in a Bank Account== | ==Interest in a Bank Account== | ||
# Interest in a bank accrued on [[Shabbat]] is permitted.<Ref> [[Shabbat]] Kehilchata 20:8. [The Mishna Brurah 306:19 writes that one may not take interest from a non-Jew for money lent for [[Shabbat]] unless one doesn’t specify a number of days but only a number of weeks.] see Bayit Hayehudi 5:22(11) and BeYitzchak Yikareh on Mishna Brurah 306:19 </ref> | # Interest in a bank accrued on [[Shabbat]] is permitted.<Ref> [[Shabbat]] Kehilchata 20:8. [The Mishna Brurah 306:19 writes that one may not take interest from a non-Jew for money lent for [[Shabbat]] unless one doesn’t specify a number of days but only a number of weeks.] see Bayit Hayehudi 5:22(11) and BeYitzchak Yikareh on Mishna Brurah 306:19 </ref> | ||
# However, some are strict that if the interest is compounded daily, such that each day's interest payment is distinct, then one should not receive benefit from the payment received on days when yom tov immediately preceded or followed | # However, some are strict that if the interest is compounded daily, such that each day's interest payment is distinct, then one should not receive benefit from the payment received on days when yom tov immediately preceded or followed shabbat.<ref>The mishnah berura siman 306 s.k. 19 writes that it is permitted to receive interest from a non-Jew, provided that the loan is extended over a period of time and not paid per day. If each day is a separate entity, then it would be prohibited to receive payment for the interest accrued on shabbos. Rav Moshe (OC:4:59) has a teshuvah in which he discusses modern banks and the interest that accrues in savings accounts. On a regular shabbos, part of the payment is included in the Friday interest, and part of it is included in the Saturday payment, due to the nature of the secular calendar starting and ending at midnight, so one can be lenient due to havla'a. On a regular yom tov, since really only 1 day is actually yom tov and we just don't know which, there is havla'a here as well, just like shabbos. However, for Rosh Hashana, which is two days not just m'safek, and for yom tov abutting shabbos, there are two consecutive holy days and so there is no heter of havla'a here. Rav Moshe recommends not receiving benefit from the (relatively insignificant) proceeds of these few days of interest. Rav Simcha Bunim Cohen (Shabbos Home V1 pg. 39), following this psak of Rav Moshe, suggests giving it to charity anonymously (and also not counted towards your ma'aser), such that you receive no benefit from it whatsoever. </ref> | ||
==Doctors and Nurses== | ==Doctors and Nurses== | ||
#It is permitted for a doctor or nurse to take wages for their work on | #It is permitted for a doctor or nurse to take wages for their work on shabbat since it is a mitzvah and because it is important that doctors are encouraged to save lives even on shabbat. Ideally, the wages should include post-op care done after Shabbat.<ref>Sh"t Mahari Bruna 114, Shaarei Knesset Hagedola (Hagahot Bet Yosef 306:3), Mishna Brurah 306:24, Sh”t Teshuvot Vehanhagot 1:214, Sh”t Bear Moshe 5:102, Shemirat Shabbat Kehilchata 28:75, Menuchat Ahava 10:28, Kaf Hachaim 306:36, [http://www.dailyhalacha.com/displayRead.asp?readID=2012 Rabbi Eli Mansour] on dailyhalacha.com. The primary reason of the Mahari Bruna is that it is a mitzvah of pikuach nefesh to save a life on Shabbat. The Mahari Bruna also adds at the end of his teshuva that we should pay them so that they don't delay in doing their job, which would endanger the life of the patient. Shemirat Shabbat Kehilchata (Ch. 28, ft. 155) cites from Rav Tzvi Pesach Frank (Har Tzvi, OC:204) that perhaps the question of whether it is permitted for a doctor to receive payment - and whether this payment would be subject to "אינו רואה סימן ברכה" (you won't see blessing from this money) - should depend on the general debate regarding schar shabbos for a mitzvah. Dor Hamelaktim v. 2 p. 1312 quotes Rav Sheinberg (Chidushei Batra 306:24) who left as unresolved the question of whether there is a siman bracha for the wages a doctor takes for his work on Shabbat.[[Asicha_Hilchos_Shabbos_Part_2| Rav Willig (Asicha Shabbos 2 p. 12)]] said that it is permitted to keep the money. He added though that if someone doesn’t want it on their conscience that they’re making money on Shabbos they can give the money to [[tzedakah]].</ref> | ||
==Renting to a non-Jew== | ==Renting to a non-Jew== | ||
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# Ashkenazim should not rent such an object except on Thursday or earlier in the week. <ref>Menuchat Ahava (vol 1, chap 19 #4) based on S”A and Rama 246:1 </ref> | # Ashkenazim should not rent such an object except on Thursday or earlier in the week. <ref>Menuchat Ahava (vol 1, chap 19 #4) based on S”A and Rama 246:1 </ref> | ||
==Paying for Services== | ==Paying for Services== | ||
# If one purchases something on [[Shabbat]] (in cases where it’s permissible) one must still pay the amount owed after [[Shabbat]]. This is considered like the owner is receiving schar | # If one purchases something on [[Shabbat]] (in cases where it’s permissible) one must still pay the amount owed after [[Shabbat]]. This is considered like the owner is receiving schar shabbat, since he is being paid for the sale of the object and not for his own work.<ref>Mishna Berurah 306:19, Shemirat Shabbat KeHilchata 28:57 </ref> | ||
# One can pay (after [[Shabbat]]) for going into a mikveh on [[shabbat]], or staying at a hotel on [[Shabbat]].<ref> Sh”t Nodeh Beyehuda O”C 26, Sh”T Mishnat Halachot 10:65 since the work to prepare the mikveh before [[Shabbat]] and cleaning it after [[Shabbat]] is enough so that the payment is considered mixed with permitted payment. Concerning the hotel, so rule Sh”t HaElef Lecha Shlomo 125 since it’s payment for the stay mixed with payment for cleaning the room before and after [[Shabbat]]. see also [http://www.dailyhalacha.com/displayRead.asp?readID=2012 Rabbi Eli Mansour] regarding hotel</ref> | # One can pay (after [[Shabbat]]) for going into a mikveh on [[shabbat]], or staying at a hotel on [[Shabbat]].<ref> Sh”t Nodeh Beyehuda O”C 26, Sh”T Mishnat Halachot 10:65 since the work to prepare the mikveh before [[Shabbat]] and cleaning it after [[Shabbat]] is enough so that the payment is considered mixed with permitted payment. Concerning the hotel, so rule Sh”t HaElef Lecha Shlomo 125 since it’s payment for the stay mixed with payment for cleaning the room before and after [[Shabbat]]. see also [http://www.dailyhalacha.com/displayRead.asp?readID=2012 Rabbi Eli Mansour] regarding hotel</ref> | ||
# One can pay for a ticket to the zoo before [[Shabbat]] for a visit on [[Shabbat]] (this is only in terms of wages on [[Shabbat]], but in terms of kedushat [[Shabbat]] it’s preferable to sanctify [[Shabbat]] with Torah and mitzvot, not by going to the zoo).<ref> Shemirat Shabbat Kehilchata 28:65 </ref> | # One can pay for a ticket to the zoo before [[Shabbat]] for a visit on [[Shabbat]] (this is only in terms of wages on [[Shabbat]], but in terms of kedushat [[Shabbat]] it’s preferable to sanctify [[Shabbat]] with Torah and mitzvot, not by going to the zoo).<ref> Shemirat Shabbat Kehilchata 28:65 </ref> | ||
# One can switch a rotation of a guard or cleaning duty to work on [[Shabbat]] instead of a weekday.<ref> Shemirat Shabbat Kehilchata 28:55 the work he’s doing isn’t for a wage but just to exempt himself from working another day. </ref> | # One can switch a rotation of a guard or cleaning duty to work on [[Shabbat]] instead of a weekday.<ref> Shemirat Shabbat Kehilchata 28:55 the work he’s doing isn’t for a wage but just to exempt himself from working another day. </ref> | ||
==Links== | ==Links== | ||
# Rav Herschel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/751485/Rabbi_Hershel_Schachter/Doing_Business_on_Shabbat_%E2%80%93_Schar_Shabbat Doing Business on | # Rav Herschel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/751485/Rabbi_Hershel_Schachter/Doing_Business_on_Shabbat_%E2%80%93_Schar_Shabbat Doing Business on shabbat – Schar shabbat] | ||
# Rabbi Shay Schachter Twenty Minute Halacha [http://www.yutorah.org/lectures/lecture.cfm/763404/Rabbi_Shay_Schachter/Paying_a_Chazzan_and_Baal_Tokeah_ Paying a Chazzan and Baal Tokeah] | # Rabbi Shay Schachter Twenty Minute Halacha [http://www.yutorah.org/lectures/lecture.cfm/763404/Rabbi_Shay_Schachter/Paying_a_Chazzan_and_Baal_Tokeah_ Paying a Chazzan and Baal Tokeah] | ||
==Sources== | ==Sources== | ||
