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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 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 ( | * 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 (quoted by Sanctity of [[Shabbos]] p. 66) agreed. | ||
* Sanctity of [[Shabbos]] ( | * Sanctity of [[Shabbos]] (p. 66) 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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* 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 ( | # 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 ([[Shabbat]] 19a s.v. Ha) 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 ( | * Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]] p. 91, n. 12) 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 ( | # 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 (The Sanctity of [[Shabbos]] 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> | ||
