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Amirah LeNochri: Difference between revisions
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* 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> | * 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 include a 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 include a command=== | ||
# | # Some say that it is permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. Others limit this leniency. <Ref>Mishna Brurah 307:76, Shemirat [[Shabbat]] KeHilchata 30:3. | ||
* Rav Nissim Karlitz in 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. | |||
* Similarly, Betzel HaChachma 6:65:3 allows a hint which doesn't include a command as long as the non-Jew is not using the Jew's items (otherwise, there is a question of having to protest the non-Jew doing melacha on [[Shabbat]]). See also, S"A HaRav 307:7. | |||
* On the other hand, Rav Shlomo Zalman Auerbach (Minchat Shlomo 2:35:13, or in Bar Ilan's responsa, 2:60:13) writes that he doesn't understand how it would be permitted to hint to a non-Jew to do a melacha on [[Shabbat]]. He explains that it isn't similar to the Mishna Brurah 307:76 who permits hinting, in a way that doesn't include a command, to fix the candle so that it lights better. In that case, the non-Jew simply fixed an existing service but didn't originate anything. He also says that a hint that doesn't include a command is permitted for putting out a fire, since the Jew doesn't benefit from the primary action of the non-Jew. For example, Rav Shlomo Zalman disagrees with the Shemirat [[Shabbat]] KeHilchata and forbids saying "it is dim in the room and I can't read" to hint to the non-Jew to turn on the lights. | |||
* Rav Yosef Shalom Elyashiv (cited by Rav Zilberstein in Malachim Emunecha p. 109) agrees that it is forbidden to hint, even if it doesn't include any command, to the non-Jew to a do any melacha. He says that its is only permitted when the non-Jew is only fixing an existing flame but not creating anything new. In fact, Rav Elyashiv even forbids saying "it is light in the room and I can't go to sleep" since the Jew will benefit from the actions of the non-Jew if he turns off the light. | |||
* Rav Shternbuch (Teshuvot VeHanhagot 1:284) distinguishes between activities that are deoritta (Biblically forbidden) and derabbanan and only permits a hint without a command for a derabbanan. | |||
</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> | ||
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# 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> | ||
