Amirah LeNochri: Difference between revisions

There is a rabbinic<ref>The Gemara Gittin 8b (and several others) explicitly state that Amirah LeNochri is only a rabbinic prohibition. Additionally, the Ramban Shemot 12:16 writes that even though the Mechilta learns Amirah LeNochri from a pasuk, it is only an asmachta. Rav Hershel Schachter [http://www.yutorah.org/lectures/lecture.cfm/802426/Rabbi_Hershel_Schachter/Shiur_# in a shiur on yutorah.org (Shabbat Shiur #50, min 0-2)] explained that Amirah LeNochri is a rabbinic prohibition that is patterned after (Ke'eyn Deoritta) the din deoritta of Amirah LeGer Toshav, of which Tosfot (Yevamot 48b s.v. Zeh Ger) writes that asking a Ger Toshav to do a melacha on [[Shabbat]] for the benefit of a Jew is a biblical violation of [[Shabbat]].</ref> 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 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>

# 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>

==Asking a non-Jew to do a Derabbanan==