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There are three reasons for the Rabbinic prohibition to instruct a non-Jew to perform work for a Jew on [[Shabbat]]: (1) asking a non-Jew to do work will cause a laxity in the observance of [[Shabbat]], (2) there’s a statement from the prophets which says “Daber Davar” meaning that one’s speech on [[Shabbat]] should be different from one’s speech on the weekdays, and (3) instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 63-4) </ref> There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat Shabbat KeHilchata 30:1 </ref> See also [[Summary of Amirah LeNochri]].  
There are three reasons for the Rabbinic prohibition to instruct a non-Jew to perform work for a Jew on [[Shabbat]]: (1) asking a non-Jew to do work will cause a laxity in the observance of [[Shabbat]], (2) there’s a statement from the prophets which says “[[Daber Davar]]” meaning that one’s speech on [[Shabbat]] should be different from one’s speech on the weekdays, and (3) instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 63-4) </ref> There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat [[Shabbat]] KeHilchata 30:1 </ref> See also [[Summary of Amirah LeNochri]].  
==Telling a non-Jew to do a forbidden activity==
==Telling a non-Jew to do a forbidden activity==
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat Shabbat KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref>
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat [[Shabbat]] KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref>
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on [[Shabbat]]. <ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on [[Shabbat]]. <ref>Mishna Brurah 253:94, Shemirat [[Shabbat]] KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64) </ref>
# It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64) </ref>
===Hints which also command===
===Hints which also command===
# Just as it’s forbidden to tell a non-Jew to do work on [[Shabbat]] it’s also forbidden to hint using words of command or to make motions that imply a command to do work. <Ref> Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3, 39 Melachos (Rabbi Ribiat; vol 1 pg 71) </ref>
# Just as it’s forbidden to tell a non-Jew to do work on [[Shabbat]] it’s also forbidden to hint using words of command or to make motions that imply a command to do work. <Ref> Rama 307:22, Chaye Adam 62:2, Shemirat [[Shabbat]] KeHilchata 30:3, 39 Melachos (Rabbi Ribiat; vol 1 pg 71) </ref>
# Example of a hint that do include a command are: “Why didn’t you turn off the light last [[Shabbat]]”, “Do me a favor, there’s not enough light in the room”, “Anyone who turns off the flame won’t loose”, <Ref>Shemirat Shabbat KeHilchata 30:5-7 </ref> or “ If you lower the flame, I will reward you for your effort”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 71) </ref>
# Example of a hint that do include a command are: “Why didn’t you turn off the light last [[Shabbat]]”, “Do me a favor, there’s not enough light in the room”, “Anyone who turns off the flame won’t loose”, <Ref>Shemirat [[Shabbat]] KeHilchata 30:5-7 </ref> or “ If you lower the flame, I will reward you for your effort”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 71) </ref>
===Hints which don’t command===
===Hints which don’t command===
# It’s permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3. Chut Shani  (v. 3 p. 210) agrees that one may hint to a non-Jew to do melacha with a hint that doesn't include a command, but adds that it has to be a case where it doesn't appear as though one may have commanded the non-Jew on Shabbat, such as if it is an action that is done commonly without the permission of the employer. </ref> Regarding benefiting from such work, see further.  
# It’s permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat [[Shabbat]] KeHilchata 30:3. Chut Shani  (v. 3 p. 210) agrees that one may hint to a non-Jew to do melacha with a hint that doesn't include a command, but adds that it has to be a case where it doesn't appear as though one may have commanded the non-Jew on [[Shabbat]], such as if it is an action that is done commonly without the permission of the employer. </ref> Regarding benefiting from such work, see further.  
# A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70) </ref> “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat Shabbat KeHilchata 30:5-6 </ref>
# A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70) </ref> “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat [[Shabbat]] KeHilchata 30:5-6 </ref>
# If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on. <Ref>Shemirat Shabbat KeHilchata 30:7 </ref>
# If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on. <Ref>Shemirat [[Shabbat]] KeHilchata 30:7 </ref>
# It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat Shabbat KeHilchata 30:8 </ref>
# It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat [[Shabbat]] KeHilchata 30:8 </ref>
# It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the mail. <Ref>Shemirat Shabbat KeHilchata 30:10 </ref>
# It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the [[mail]]. <Ref>Shemirat [[Shabbat]] KeHilchata 30:10 </ref>
===If the non-Jew asks===
===If the non-Jew asks===
# If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate it such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref>
# If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate it such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref>
===Telling a non-Jew to do work after Shabbat===
===Telling a non-Jew to do work after Shabbat===
# It’s forbidden to tell a non-Jew on [[Shabbat]] to do a prohibited activity after [[Shabbat]]. <ref> Mishna Brurah 307:9, Shemirat Shabbat KeHilchata 30:2 </ref>
# It’s forbidden to tell a non-Jew on [[Shabbat]] to do a prohibited activity after [[Shabbat]]. <ref> Mishna Brurah 307:9, Shemirat [[Shabbat]] KeHilchata 30:2 </ref>
# It’s permissible to hint to a non-Jew on [[Shabbat]] to do work after [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat Shabbat KeHilchata 30:3 </ref>
# It’s permissible to hint to a non-Jew on [[Shabbat]] to do work after [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat [[Shabbat]] KeHilchata 30:3 </ref>
# It’s permissible to tell a non-Jew on [[Shabbat]] “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after [[Shabbat]]). <ref>Shemirat Shabbat KeHilchata 30:9 </ref>
# It’s permissible to tell a non-Jew on [[Shabbat]] “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after [[Shabbat]]). <ref>Shemirat [[Shabbat]] KeHilchata 30:9 </ref>
===Telling a non-Jew before or after Shabbat===
===Telling a non-Jew before or after Shabbat===
# It’s forbidden to tell a non-Jew before or after [[Shabbat]] to do a prohibited activity on [[Shabbat]]. <ref>S”A 307:2, Shemirat Shabbat KeHilchata 30:2 </ref>
# It’s forbidden to tell a non-Jew before or after [[Shabbat]] to do a prohibited activity on [[Shabbat]]. <ref>S”A 307:2, Shemirat [[Shabbat]] KeHilchata 30:2 </ref>
# It’s permissible to hint before [[Shabbat]] or after [[Shabbat]] to a non-Jew to do work on [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:2, Shemirat Shabbat KeHilchata 30:3 </ref>
# It’s permissible to hint before [[Shabbat]] or after [[Shabbat]] to a non-Jew to do work on [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:2, Shemirat [[Shabbat]] KeHilchata 30:3 </ref>
# Before [[Shabbat]] it’s permissible to tell a non-Jew “Why didn’t you open the mail last [[Shabbat]]?” (before [[Shabbat]] using a hint with a command for work). <ref>Shemirat Shabbat KeHilchata 30:10 </ref>  
# Before [[Shabbat]] it’s permissible to tell a non-Jew “Why didn’t you open the [[mail]] last [[Shabbat]]?” (before [[Shabbat]] using a hint with a command for work). <ref>Shemirat [[Shabbat]] KeHilchata 30:10 </ref>  
==On his own initiative==
==On his own initiative==
# One may tell a non-Jew to do a permissible activity even if it’s clear that the non-Jew will do a prohibited activity while doing that task unless the non-Jew has in mind that the Jew will benefit directly from the prohibited activity. <Ref>Shemirat Shabbat KeHilchata 30:24 </ref>
# One may tell a non-Jew to do a permissible activity even if it’s clear that the non-Jew will do a prohibited activity while doing that task unless the non-Jew has in mind that the Jew will benefit directly from the prohibited activity. <Ref>Shemirat [[Shabbat]] KeHilchata 30:24 </ref>
# It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water. <Ref>Shemirat Shabbat KeHilchata 30:24 </ref>
# It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water. <Ref>Shemirat [[Shabbat]] KeHilchata 30:24 </ref>
# It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator. <Ref>Shemirat Shabbat KeHilchata 30:25 </ref>
# It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator. <Ref>Shemirat [[Shabbat]] KeHilchata 30:25 </ref>
# It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing. <Ref>Shemirat Shabbat KeHilchata 30:26 </ref>
# It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing. <Ref>Shemirat [[Shabbat]] KeHilchata 30:26 </ref>
==For a sick person==
==For a sick person==
# It’s permissible to ask a non-Jew to perform any Melacha even one which is forbidden Deoritta (biblically) for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, earache, or migraine headaches).  
# It’s permissible to ask a non-Jew to perform any Melacha even one which is forbidden Deoritta (biblically) for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, earache, or migraine headaches).  
# Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>
# Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>
# For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>
# For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>
# It’s permissible to tell a non-Jew to do a forbidden activity on [[Shabbat]] for the health of a sick person even if it’s not a sickness that’s life threatening. <Ref>Shemirat Shabbat KeHilchata 30:11 </ref>
# It’s permissible to tell a non-Jew to do a forbidden activity on [[Shabbat]] for the health of a sick person even if it’s not a sickness that’s life threatening. <Ref>Shemirat [[Shabbat]] KeHilchata 30:11 </ref>
# One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine. <Ref>Shemirat Shabbat KeHilchata 30:11 </ref>
# One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine. <Ref>Shemirat [[Shabbat]] KeHilchata 30:11 </ref>
# In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing. <Ref>S"A 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, [http://www.dailyhalacha.com/Display.asp?ClipID=591 Rabbi Mansour on dailyhalacha.com]</ref>
# In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing. <Ref>S"A 276:5, Mishna Brurah 276:40, Shemirat [[Shabbat]] KeHilchata 23:26, 30:11, [http://www.dailyhalacha.com/Display.asp?ClipID=591 Rabbi Mansour on dailyhalacha.com]</ref>
# If one set the air conditioning to stay on for [[Shabbat]] and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning. <ref>Sh"t Igrot Moshe OC 3:42, Shemirat Shabbat KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref>
# If one set the air conditioning to stay on for [[Shabbat]] and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning. <ref>Sh"t Igrot Moshe OC 3:42, Shemirat [[Shabbat]] KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref>
# In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather. <Ref>Shemirat Shabbat KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref>
# In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather. <Ref>Shemirat [[Shabbat]] KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref>


==To save Sefarim==
==To save Sefarim==
# One may ask a non-Jew to do a forbidden activity on [[Shabbat]] in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house. <Ref>Shemirat Shabbat KeHilchata 30:12 </ref>
# One may ask a non-Jew to do a forbidden activity on [[Shabbat]] in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house. <Ref>Shemirat [[Shabbat]] KeHilchata 30:12 </ref>
==For a big loss==
==For a big loss==
# If one is about to have a big loss it’s permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on [[Shabbat]] to prevent that loss. <Ref>Shemirat Shabbat KeHilchata 30:13 based on S”A 307:19 and 334:26 </ref>
# If one is about to have a big loss it’s permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on [[Shabbat]] to prevent that loss. <Ref>Shemirat [[Shabbat]] KeHilchata 30:13 based on S”A 307:19 and 334:26 </ref>
==Asking a non-Jew to do a Derabbanan==
==Asking a non-Jew to do a Derabbanan==
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. <Ref>Shemirat Shabbat KeHilchata 30:14 </ref>
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. <Ref>Shemirat [[Shabbat]] KeHilchata 30:14 </ref>
# One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before [[Shabbat]] that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined. <Ref>Shemirat Shabbat KeHilchata 30:21 </ref>
# One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before [[Shabbat]] that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined. <Ref>Shemirat [[Shabbat]] KeHilchata 30:21 </ref>
==To remove a obstacle==
==To remove a obstacle==
# It’s permissible to ask a non-Jew to remove a obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan. <Ref>Shemirat Shabbat KeHilchata 30:23 </ref>
# It’s permissible to ask a non-Jew to remove a obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan. <Ref>Shemirat [[Shabbat]] KeHilchata 30:23 </ref>
# It’s permissible to ask a non-Jew to tie an eruv string that fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. <Ref>Shemirat Shabbat KeHilchata 30:23 </ref>  
# It’s permissible to ask a non-Jew to tie an eruv string that fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. <Ref>Shemirat [[Shabbat]] KeHilchata 30:23 </ref>  
==During [[Ben HaShemashot]]==
==During [[Ben HaShemashot]]==
# During [[Ben HaShemashot]], between Shekiyah until close to [[Tzet HaKochavim]], it’s permissible to ask a non-Jew to do any forbidden activity on [[Shabbat]] if there’s a great need, a need for [[Shabbat]], or a need for a mitzvah. <ref>S”A 261:1, Shemirat Shabbat KeHilchata 30:27 </ref>  
# During [[Ben HaShemashot]], between [[Shekiyah]] until close to [[Tzet HaKochavim]], it’s permissible to ask a non-Jew to do any forbidden activity on [[Shabbat]] if there’s a great need, a need for [[Shabbat]], or a need for a mitzvah. <ref>S”A 261:1, Shemirat [[Shabbat]] KeHilchata 30:27 </ref>  
# Therefore, during [[Ben HaShemashot]], one may ask a non-Jew to turn on the lights in the room where one will have the [[Shabbat]] meals. <Ref>Shemirat Shabbat KeHilchata 30:27 </ref>
# Therefore, during [[Ben HaShemashot]], one may ask a non-Jew to turn on the lights in the room where one will have the [[Shabbat]] meals. <Ref>Shemirat [[Shabbat]] KeHilchata 30:27 </ref>
# Therefore, if one forgot to light [[Shabbat]] candles, one may ask a non-Jew during [[Ben HaShemashot]] to light the candles, however, one shouldn’t make a Bracha on such a lighting. <Ref>Shemirat Shabbat KeHilchata 30:27 </ref>
# Therefore, if one forgot to light [[Shabbat]] candles, one may ask a non-Jew during [[Ben HaShemashot]] to light the candles, however, one shouldn’t make a Bracha on such a lighting. <Ref>Shemirat [[Shabbat]] KeHilchata 30:27 </ref>
==Requesting one non-Jew to tell another==
==Requesting one non-Jew to tell another==
# Instructing one non-Jew to tell another non-Jew to do a forbidden activity on [[Shabbat]] is a major dispute and many hold that one should use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after [[Shabbat]]. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 72) </ref>
# Instructing one non-Jew to tell another non-Jew to do a forbidden activity on [[Shabbat]] is a major dispute and many hold that one should use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after [[Shabbat]]. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 72). Sh"t Chavot Yair 46 says if you tell one non-Jew to tell another one, that is permitted even for torah violations and certainly for violations that are only midirabanan  </ref>
==Hiring a non-Jew before Shabbat==
==Hiring a non-Jew before Shabbat==
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]].  This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house.  <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on [[Shabbat]] and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref>
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]].  This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house.  <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on [[Shabbat]] and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref>
# It is permitted to drop off shirts at the cleaners before Shabbat if there is a fixed price and one leaves them enough time to clean it without having to do so on Shabbat. Some say that if the non-Jew will have to work overtime if he doesn't want to work on Shabbat it is considered if one stipulated that he work on Shabbat, while others say that even if the non-Jew will have to work overtime so as not to work on Shabbat it is not like one stipulated that the non-Jew work on Shabbat. <ref>
# It is permitted to drop off shirts at the cleaners before [[Shabbat]] if there is a fixed price and one leaves them enough time to clean it without having to do so on [[Shabbat]]. Some say that if the non-Jew will have to work overtime if he doesn't want to work on [[Shabbat]] it is considered if one stipulated that he work on [[Shabbat]], while others say that even if the non-Jew will have to work overtime so as not to work on [[Shabbat]] it is not like one stipulated that the non-Jew work on [[Shabbat]]. <ref>
* 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 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.
* 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>


==Leaving work by a non-Jew==
==Leaving work by a non-Jew==
# If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref>
# If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref>
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, [[Shabbat]] VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat Shabbat KeHilchata 20:28 rule strictly. </ref>
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, [[Shabbat]] VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat [[Shabbat]] KeHilchata 20:28 rule strictly. </ref>
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) </ref>
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) based on the leniency of Sh"t Chavot Yair 46 who allows this even on torah violations. </ref>
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref>
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref>
# It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref>
# It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref>
# Many poskim forbid ordering a newspaper that is printed and delivered on Shabbat, while some are lenient if most of the subscribers are non-Jewish.<ref>
# Many poskim forbid ordering a newspaper that is printed and delivered on [[Shabbat]], while some are lenient if most of the subscribers are non-Jewish.<ref>
* The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on Shabbat. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on Shabbat, everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing.
* The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on [[Shabbat]]. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on [[Shabbat]], everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing.
* Rav Moshe Feinstein (quoted by The Sanctity of Shabbos p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for Shabbat is forbidden because of Amirah LeNochri. Rav Hershel Schachter (Halachipedia Article 5773 #6) said it would be forbidden even if one orders a weekly subscription that includes Shabbat.
* Rav Moshe Feinstein (quoted by The Sanctity of [[Shabbos]] p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for [[Shabbat]] is forbidden because of Amirah LeNochri. Rav Hershel Schachter (Halachipedia Article 5773 #6) said it would be forbidden even if one orders a weekly subscription that includes [[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.  
* 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==
==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 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 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 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>
# 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>
# 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.  
# 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.  
* 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>  
* 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.  
# 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.  
* 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>
* 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>
# 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>
# Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on Shabbos and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on [[Shabbat]] including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading [[Shabbat]]'s sanctity. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, Rabbi Shlomo Zalman Auerbach, and Rabbi Chaim Pinchas Sheinburg. Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos, p. 87-93) summarizes that the 4 conditions restricting the work, which a non-Jewish live-in maid may do on Shabbat for a Jewish employer. 1) The Jew must tell the maid that she does not have to do the work on Shabbat and may do it before or after Shabbat. Similarly, the Jew may not instruct the non-Jew to do a melacha on Shabbat. 2) The maid may not do labors that she wouldn’t regularly do unless she does them in her room. 3) The maid may not do activities that degrade the sanctity of Shabbat, such as vacuuming (See Rama 252:5). 4) The Jew may not receive benefit from the non-Jew’s work on Shabbat. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..." </ref>
# Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on [[Shabbos]] and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on [[Shabbat]] including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading [[Shabbat]]'s sanctity. <ref> The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, [[Rabbi Shlomo Zalman Auerbach]], and Rabbi Chaim Pinchas Sheinburg. Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]], p. 87-93) summarizes that the 4 conditions restricting the work, which a non-Jewish live-in maid may do on [[Shabbat]] for a Jewish employer. 1) The Jew must tell the maid that she does not have to do the work on [[Shabbat]] and may do it before or after [[Shabbat]]. Similarly, the Jew may not instruct the non-Jew to do a melacha on [[Shabbat]]. 2) The maid may not do labors that she wouldn’t regularly do unless she does them in her room. 3) The maid may not do activities that degrade the sanctity of [[Shabbat]], such as vacuuming (See Rama 252:5). 4) The Jew may not receive benefit from the non-Jew’s work on [[Shabbat]]. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..." </ref>
# In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9) </ref>
# In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets. <ref> The Sanctity of [[Shabbos]] (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9) </ref>
# It order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid garden or wash windows. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref>
# It order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid garden or wash windows. <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>
# 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>
===If done for personal benefit===
===If done for personal benefit===
# It’s permissible to benefit from the action of a non-Jew which was done for his own benefit and not for a Jew. For example, if a non-Jew turned on the lights in a room for personal benefit, it’s permissible to ask the non-Jew not to turn it off. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 67) </ref>
# It’s permissible to benefit from the action of a non-Jew which was done for his own benefit and not for a Jew. For example, if a non-Jew turned on the lights in a room for personal benefit, it’s permissible to ask the non-Jew not to turn it off. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 67) </ref>