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Amirah LeNochri: Difference between revisions
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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]]. | <p class="indent">There is a prohibition to ask a non-Jew to do work for oneself on [[Shabbat]].<ref>One of the earliest sources of this prohibition is the Mishna ([[Shabbat]] 121a) that states that it is forbidden to ask a non-Jew to put out a fire on [[Shabbat]]. Rashi (150a s.v. Amirah) writes that this Mishna is the source for Amirah LeNochri. </ref></p> | ||
<p class="indent">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></p> | |||
<p class="indent">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]].</p> | |||
==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 | # It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself.<Ref>Shemirat [[Shabbat]] KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, and 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 to do. </ref> | ||
# It’s forbidden to tell a non-Jew to do | # It’s forbidden to tell a non-Jew to do something that is forbidden on [[Shabbat]] whether it is a Biblical or Rabbinic prohibition. <ref>Mishna Brurah 253:94, Shemirat [[Shabbat]] KeHilchata 30:2. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. The following rishonim hold that it is forbidden to ask a non-Jew to do derabbanan prohibitions on [[Shabbat]]: | ||
* Tosfot ([[Shabbat]] 121a s.v. Ein) writes that it is forbidden to ask a non-Jew to do a derabbanan prohibition on [[Shabbat]]. He proves his point from two gemaras. 1) The Gemara [[Shabbat]] 150a states that on [[Shabbat]] it is forbidden to ask a non-Jew to hire another non-Jew to work for the Jew. 2) Gemara Eiruvin 67b which quotes Rabba as holding that it is permitted to carry hot water for a baby, who is about to have a [[Brit Milah]], through a courtyard that didn't have an Eruv. This gemara implies that it is only permitted to ask a non-Jew to do a derabbanan prohibition on [[Shabbat]] for a mitzvah or for [[Brit Milah]] in particular, but not in general. | |||
* Tosfot (Gittin 8b) writes that it is only permitted to ask a non-Jew to do a derabbanan prohibition for a mitzvah in the case of [[Brit Milah]], but there's no proof about this being permitted for any other mitzvah. The Ramban ([[Shabbat]] 130b s.v. VeChen Ani) agrees that Amirah LeNochri is only permitted for a derabbanan prohibition in the case of [[Brit Milah]].</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=== | ||
