Transactions on Shabbat
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Revision as of 16:54, 4 March 2012 by YitzchakSultan (talk | contribs) (Text replace - "Shabbat" to "Shabbat")
Sales
- It is forbidden to buy, sell, give rent, and take rent on Shabbat applying both to the buying and seller. [1]
Gifts
- One is forbidden to give presents on Shabbat unless it’s LeTzorech Shabbat. [2]
- One is allowed to give a gift of food which is going to be used on Shabbat. [3]
- 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”. [4]
References
- ↑ Beitzah 36b, Rashi there gives two reasons for the prohibition 1) “Memsoh Chefsecha VeDaber Davar” in Yishayahu (simply, your weekday desired activities and speech is forbidden on Shabbat) 2) it may lead to writing. Ramban (Vayikra 23:24) learns it out from the pasuk in the Torah “Shabaton”
- ↑ Mishna Brurah 306:33, 323:34 allows if it is Letorech Shabbat. Yalkut Yosef 306:25 pg 158 rules that a gift is not tzorech Shabbat. Mordechai (Betzah 2:676) says one can’t give a gift unless it’s for a mitzvah like a lulav and etrog to do the mitzvah. Bet Yosef 527 quotes this and explains that it’s forbidden since it’s like a mekach umemkar (business transaction). Chida in Birkei Yosef 306:7 holds it’s forbidden in name of Ramban, Rashba, Ritva (ketubot 7a). Magan Avraham 306:15. Bet Meir (Even HaEzer 45e) writes that it sounds like from Betsah 14b, Rif, Rambam, Tur and S”A that it’s permitted unless it’s like kedushin. Sh”t Binyan Shlomo 17 writes that a gift from hand to hand is permitted based on Rashbam (Bava Batra 156b). Sefer HaMikaneh (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 disagrees. Yalkut Yosef concludes, if one is brought a present on Shabbat and there’s no Tzorech Shabbat he should have in mind not to acquire it until after Shabbat.
- ↑ Shulchan Aruch HaRav 306:15 allows a gift of food which is for the need of Shabbat.
- ↑ 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 (leaves it in a Tzarich Iyun). Eliyah Raba 306:19 argues that it’s permitted because of Simchat Chatan VeKala and Kavod Torah. So writes Chatam Sofer. Thus Yalkut Yosef concludes if the Bar Mitzvah boy gives a Dvar Torah to the Khal, the Khal 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 before Shabbat with a kinyan to someone else.
