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Amirah LeNochri: Difference between revisions
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* 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. | * 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. | * 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 | * 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 after-hours 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. </ref> | * 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. </ref> | ||
# If one’s scheduled garbage pickup is on Shabbat, one may allow the sanitation department to pickup one’s garbage on Shabbat. <ref> 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. </ref> | # If one’s scheduled garbage pickup is on Shabbat, one may allow the sanitation department to pickup one’s garbage on Shabbat. <ref> 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. </ref> | ||
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* 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. | * 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 [http://www.yutorah.org/lectures/lecture.cfm/789052/Rabbi_Daniel_Stein/Reading_the_Shabbat_Newspaper_&_Subscribing_to_the_Saturday_Times Rabbi Daniel Stein in a shiur on yutorah.org]. </ref> | * For more information, see [http://www.yutorah.org/lectures/lecture.cfm/789052/Rabbi_Daniel_Stein/Reading_the_Shabbat_Newspaper_&_Subscribing_to_the_Saturday_Times Rabbi Daniel Stein in a shiur on yutorah.org]. </ref> | ||
==Hiring a non-Jew== | |||
# 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. <Ref>Shemirat Shabbat KeHilchata 30:28 </ref> | |||
# 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. <Ref>Shemirat Shabbat KeHilchata 30:30 </ref> | |||
# 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. <Ref>Shemirat Shabbat KeHilchata 30:31 </ref> | |||
# It’s permissible to make a payment on [[Shabbat]] not using money, such as one would could give a piece of cake as a payment, this would be permissible. <ref> Shemirat Shabbat KeHilchata 30:33 </ref> | |||
# One may not have a non-Jew build on a Jew's field or harvest a Jew's field on [[Shabbat]] since doing work on anything which is attached to the ground clearly belongs to the Jewish owner. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref> | |||
===A non-Jewish maid=== | ===A non-Jewish maid=== | ||
# A non-Jewish day-worker may not do any melacha on Shabbat on a Jew’s behalf. <Ref> The Mishnah (Shabbat 17b) writes that Beit Hillel permitted leaving clothes at a non-Jewish cleaner before Shabbat. Tosfot 19a s.v. Ela adds that it is permitted only if one stipulated a price with the non-Jew. The Rashba (Shabbat 19a s.v. Ha) explains that if a price is fixed, the non-Jewish worker is considered a contractor, hired for a specific job. If the non-Jew is a contractor, he is working at his own convenience, whereas a non-Jewish day-worker is considered like the agent of the Jew. | |||
* The Rambam (Shabbat 6:12) writes that if one hires a non-Jewish worker to perform a particular task for an extended period of time, it as if one stipulated a price for a particular job as long as the Jew isn’t particular about which days the non-Jew works. The Raavad, however, considers such a worker to be a day-worker. | |||
* While the Beit Yosef 244:5 and Rama 244:5 rule like the Rambam, they clarify that the it is permitted only if the worker is told to do one particular task, but not if he is hired to do every task that the employer wants. The Magen Avraham 244:16 explains that if the non-Jew is hired for every task, it is almost certain that the Jew benefits from the non-Jew working on Shabbat as it is likely he will be needed for another task after Shabbat. Thus, Mishna Brurah 244:30 writes that one should protest against those who have maids that do work on Shabbat, because the maid is hired to do all the tasks that the employer chooses. See, however, the Mor Uketziah 244:5 who dismisses the Beit Yosef’s distinction, insisting that as long as the Jew isn’t particular when the non-Jew works, it should be permitted. </ref> | |||
# Some say that a live-in maid who has time off each week and doesn’t have to work on Shabbat is considered like a contractor and may do melacha for a Jew on Shabbat. <Ref> Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos p. 91, n. 12) quotes Rav Moshe Feinstein, Rav Shlomo Zalman Auerbach, and Rav Chaim Pinchas Sheinberg as saying that maids were considered day-workers in the Mishna Brurah’s day because they could be called upon to work at any time. Nowadays, maids work regular hours and take off some days each week. These Poskim explain that if they do some work on Shabbat, it is simply for their convenience - in order to have free time another day of the week. Thus, today’s live-in maids are considered like contractors and not day-workers. Rav Cohen clarifies (p. 98-9) that this does not apply to a cleaning lady or a part-time help who is hired for a fixed number of hours on Shabbat. In such a case, the maid is like a day-worker and may be hired only to do activities that a Jew could do himself on Shabbat. The 39 Melachos (v. 1, p. 82) agrees. </ref>However, if she works in the Jewish employer’s house, she may not do melacha except in her room. Some say that she may do activities that are part of her regular routine. <Ref> The Yerushalmi (Shabbat 1:8) states that it is permitted to hire non-Jewish contractors as long as they don’t do the work in the Jew’s house. Based on the Yerushalmi, the Rashba (ibid.) limits Beit Hillel’s permission to leave clothes at a non-Jewish cleaner to a case where the work is not done in the Jewish employer’s home. Mishna Brurah 252:17 explains that if it is done in the employer’s home, it appears as though the Jew commanded the non-Jew to work on Shabbat. S”A 252:2 codifies the Rashba as halacha. Shemirat Shabbat Kehilchata 30:35 writes that work that a non-Jewish maid does in her own room is considered as though it was not done in the house of the Jew. | |||
* Rabbi Simcha Bunim Cohen (ibid.) quotes Rav Moshe Feinstein as ruling that the issue of having a non-Jewish contractor work in the Jew’s home applies only to irregular activities, since it appears as if one commanded the non-Jew to do those activities on Shabbat. There is no concern, however, that a Jew instructed the non-Jew to do activities that are part of his daily routine. Rav Hershel Schachter (oral communication) finds this leniency difficult to accept. | |||
* The Rosh (Shabbat 16:12) writes that one need not protest if on his own volition, a non-Jew infrequently does melacha for a Jew. However, it is forbidden to let the non-Jew consistently do melacha for a Jew without being instructed, because this constitutes a deceit (Haaramah). S”A 325:13 agrees. Thus, Rabbi Mordechai Willig (“Amira L’Nachri” min 10-12) rules that it is incorrect for shuls to have custodians to turn lights on and off every Shabbat, even if this is done without any explicit command. </ref> | |||
# Additionally, Jews may not benefit from the non-Jew’s work on Shabbat and the non-Jew may not do activities that degrade the sanctity of Shabbat. <Ref> Rabbi Simcha Bunim Cohen (ibid. p. 87-93) writes that even if a live-in maid is a contractor, the Jew may not benefit from melacha that is done on Shabbat, and the maid may not do anything that degrades the sanctity of Shabbat, such as vacuuming (See Rama 252:5). </ref> | |||
# 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). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | # 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). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | ||
# 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. <ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | # 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. <ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | ||
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# 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. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | # 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. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | ||
==Deriving benefit from work of a non-Jew== | ==Deriving benefit from work of a non-Jew== | ||
# 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. <Ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | # 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. <Ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
