114
edits
Sechar Shabbat: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
No edit summary |
||
| Line 1: | Line 1: | ||
{{Okay}} | {{Okay}} | ||
The Rabbis forbad receiving wages for (permissible) work done on [[Shabbat]]. <ref>Rashi Ketubot 64a s.v. Kesechar explains that the reason chazal prohibited taking sechar shabbat, wages from work done on Shabbat, is based on a concern of coming to doing business on Shabbat. Shulchan Aruch 306:4 codifies this as halacha (see also Mishna | The Rabbis forbad receiving wages for (permissible) work done on [[Shabbat]]. <ref>Rashi Ketubot 64a s.v. Kesechar explains that the reason chazal prohibited taking sechar shabbat, wages from work done on Shabbat, is based on a concern of coming to doing business on Shabbat. Shulchan Aruch 306:4 codifies this as halacha (see also Mishna Brurah 306:16 and Shemirat Shabbat KeHilchata 28:54). Rabbi Simcha Bunim Cohen (The Shabbos Home p. 27) explains that Chazal forbade engaging in any type of business transaction because it might lead to Kosev, writing down the transaction in a journal or the like. A second possible explanation of prohibition of schar shabbos is found in the Tur siman 306, who seems to indicate that it may be included in the category of things forbidden under "ממצוא חפציך" - engaging in your own engagements / dealings on shabbos. A third explanation is said in the name of Rav Chaim Brisker (see dirshu Mishna Brurah siman 306 footnote 14), who suggests that if one receives payment for services rendered on shabbos, the halacha views those services as if they are themselves forbidden melacha, even if they in fact are not. </ref> | ||
==Upon whom is the prohibition?== | ==Upon whom is the prohibition?== | ||
| Line 18: | Line 18: | ||
# 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. | # 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> | # Generally speaking, one may be lenient to receive payment (although he won't see a siman bracha from this payment<ref>Mishna Brurah 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. | ||
The Aruch Hashulchan (306:12) notes a contradiction with the Mechaber here and the Mechaber by Hilchos Rosh Hashana. There (585:5) he writes that one may take money to blow shofar, but just that he will not see a siman bracha from that money, yet here he seems to hold that it is prohibited (see Sh"t Yabia Omer OC 5:25 who points out this contradiction as well). The Aruch Hashulchan answers that perhaps the Shulchan Aruch really thinks that it is prohibited, but since the minhag is to be lenient, he was lenient by Hilchos Rosh Hashana. The Aruch Hashulchan then defends the practice to hire chazanim just for shabbos by explaining that they are really taking schar batala for all the practice they do during the week, and that the payment is also given to them as a gift. Yalkut Yosef ([[Shabbat]] vol 2, pg 121) writes that the minhag is to be lenient to hire Chazanim just for [[Shabbat]] as long as one doesn’t speak about the amount on [[Shabbat]]. Nonetheless one doesn’t see Bracha from that money, and so one should use that money for buying sefarim or the like. | The Aruch Hashulchan (306:12) notes a contradiction with the Mechaber here and the Mechaber by Hilchos Rosh Hashana. There (585:5) he writes that one may take money to blow shofar, but just that he will not see a siman bracha from that money, yet here he seems to hold that it is prohibited (see Sh"t Yabia Omer OC 5:25 who points out this contradiction as well). The Aruch Hashulchan answers that perhaps the Shulchan Aruch really thinks that it is prohibited, but since the minhag is to be lenient, he was lenient by Hilchos Rosh Hashana. The Aruch Hashulchan then defends the practice to hire chazanim just for shabbos by explaining that they are really taking schar batala for all the practice they do during the week, and that the payment is also given to them as a gift. Yalkut Yosef ([[Shabbat]] vol 2, pg 121) writes that the minhag is to be lenient to hire Chazanim just for [[Shabbat]] as long as one doesn’t speak about the amount on [[Shabbat]]. Nonetheless one doesn’t see Bracha from that money, and so one should use that money for buying sefarim or the like. | ||
| Line 27: | Line 27: | ||
=== 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 shabbat simply gives the payment as a gift, this is permitted.<ref> | # 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>Mishna Brurah (306:24) 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 shabbat.<ref>The | # 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 Mishna Brurah (306:19) 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 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> | #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> | ||
