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Amirah LeNochri: Difference between revisions
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There is a rabbinic<ref>The Gemara Gittin 8b | There is a rabbinic<ref>The Gemara Gittin 8b 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> | <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> | ||
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’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]]. | ||
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==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 | # It’s forbidden to derive direct benefit from work that a non-Jew performed on behalf of a Jew on [[Shabbat]]. This is true even if the non-Jew did it on his own and wasn't commanded. <Ref>Shemirat [[Shabbat]] KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65). | ||
* The source for the prohibition to derive benefit from the melacha of a non-Jew on behalf of a Jew is the Mishna ([[Shabbat]] 122a). The Mishna states that if a non-Jew lights a candle for a Jew, the Jew may not benefit from it on [[Shabbat]]. This is codified by the Rambam ([[Shabbat]] 6:2), Tur, and S"A 276:1. </ref> | |||
# If the non-Jew does melacha for a Jew, it is forbidden to benefit from it until after the time it would take to perform that melacha after [[Shabbat]]. In this way, one will not benefit from the melacha of the non-Jew. <ref>The Gemara 122a states that if a non-Jew heated up water for Jews, the hot water is forbidden from benefit until after the time it would take to perform that melacha after [[Shabbat]]. Rashi 122a s.v. explains that by waiting until it would have been able to have been heated up after [[Shabbat]], one is avoiding benefitting from the melacha of the non-Jew. This is codified by the Rambam ([[Shabbat]] 6:2) and S"A 326:13. | |||
* The Ran (46a s.v. VeIm) distinguishes between the melacha that a Jew performs on [[Shabbat]] and that of a non-Jew. He writes that if a Jew performs melacha on [[Shabbat]], according to those opinions that it is permitted after [[Shabbat]], it is permitted immediately. If a non-Jew, however, performs melacha on the Jew's behalf, it is forbidden until after the time it would take to perform that task after [[Shabbat]]. He explains that whereas a Jew, whom we do not suspect of violating [[Shabbat]] intentionally, there is a concern that a Jew will become accustomed to the melacha of a non-Jew. </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> | ||
