Amirah LeNochri: Difference between revisions

# 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 Hershel Schachter in a shiur on [http://www.yutorah.org/lectures/lecture.cfm/801713/Rabbi_Hershel_Schachter/Shiur_# yutorah.org (Shabbat Shiur #42, min 68-70)] agrees but uses different terminology (subtle hints are permitted in a case where the benefit is permitted, such as turning off the lights).

* 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.  

* 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.

==Reasons to Permit Amirah LeNochri==

===For a Sick Person===

# Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>

# For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref>

# It’s permissible to tell a non-Jew to do a forbidden activity on [[Shabbat]] for the health of a sick person even if it’s not a sickness that’s life threatening. <Ref>Shemirat [[Shabbat]] KeHilchata 30:11 </ref>

# One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine. <Ref>Shemirat [[Shabbat]] KeHilchata 30:11 </ref>

# If one set the air conditioning to stay on for [[Shabbat]] and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning. <ref>Sh"t Igrot Moshe OC 3:42, Shemirat [[Shabbat]] KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref>

# In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather. <Ref>Shemirat [[Shabbat]] KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref>

===For a Mitzvah===

# For the need of a mitzvah of congregation of people, we rely on the opinion who says that it is permitted to ask a non-Jew to do melacha for the purpose of a mitzvah. <ref>Shemirat [[Shabbat]] KeHilchata 30:23, 39 Melachos (Rabbi Ribiat; vol 1, pg 75), Mishna Brurah 276:25. See also the Ramban ([[Shabbat]] 130b) regarding Gittin 8b. </ref>

# Some say that this leniency of permitting Amirah LeNochri for the mitzvah of a congregation only applies to a mitzvah that is to occur on [[Shabbat]], but not for a mitzvah that is to happen after [[Shabbat]]. Others disagree. <ref>Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that there is room to debate whether  the leniency of permitting Amirah LeNochri for the mitzvah of the multitude is a dispensation of the prohibition, in which case it stands to reason that it is only permitted if the mitzvah occurs on [[Shabbat]], or whether chazal never instituted Amirah LeNochri in such a case, in which case it would be permitted even for a mitzvah that is to happen after [[Shabbat]]. See the Machasit HaShekel 307:8 allows Amirah LeNochri on a derabbanan for a mitzvah of the multitude that is to occur tomorrow, yet, the Taz 655:2 seems to forbid it.  </ref>

# Some say that it is forbidden to ask a non-Jew to violate [[Shabbat]] in order to allow a congregation of people to learn Torah since [[learning Torah]] is supposed to lead to the practical fulfillment of Torah and not its descration. Others, however, argue that in this regard [[learning Torah]] is no different than any other mitzvah and it is permitted to ask a non-Jew to violate [[Shabbat]] in order to allow a congregation of people to learn Torah on [[Shabbat]]. <ref>The Pitchai Teshuva OC 276 quotes Rav Yitzchak Chaver who suggests that just like Torah is unlike other Mitzvot with regards to exempting one who is involved with a mitzvah from performing another mitzvah (osek be'mitzvah patur min hamitzvah) perhaps the same is true for Amirah LeNochri. The reason that [[learning Torah]] doesn't exempt one from performing other mitzvot is because Torah is supposed to practical fulfillment of Torah and mitzvot. Similarly, [[learning Torah]] can't be used as a valid dispensation of the prohibition of Amirah LeNochri for the sake of a mitzvah of the multitude (Mitzvah De'rabbim). The Orchot Chaim 514:7 disagrees and permits Amirah LeNochri for a congregation to learn Torah. 39 Melachos (vol 1, p. 75, n. 284a) quotes Rav Aharon Kotler as also permitting. Rav Hershel Schachter (Be'ikvei HaTzon p. 57) writes that those who disagree with Rav Yitzchak Chaver hold that we don't view the mitzvah of the multitude as a dispensation for Amirah LeNochri, but rather for the mitzvah of the multitude, chazal never introduced a prohibition. If so, there's no distinction between [[learning Torah]] and any other mitzvah. </ref>

===For The Need of Many People===

# In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta if that is necessary. For example, it is permissible to ask a non-Jew to fix the eruv if it fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally. If the eruv string fell and the non-Jew can retie it with a bow, he should do so. If he can’t tie it with a bow, the non-Jew should tie it with a double knot <Ref>Shemirat [[Shabbat]] KeHilchata 30:23, 39 Melachos (Rabbi Ribiat; vol 1, pg 75), Mishna Brurah 276:25. See also the Ramban ([[Shabbat]] 130b) regarding Gittin 8b. </ref>

# It’s permissible to ask a non-Jew to remove an obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan. <Ref>Shemirat [[Shabbat]] KeHilchata 30:23 </ref>

===Great Need===

===To Save Sefarim===

# One may ask a non-Jew to do a forbidden activity on [[Shabbat]] in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house. <Ref>Shemirat [[Shabbat]] KeHilchata 30:12 </ref>

===For a Big Loss===

==Telling a Non-Jew on Shabbat to Work After Shabbat==

# One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before [[Shabbat]] that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined. <Ref>Shemirat [[Shabbat]] KeHilchata 30:21 </ref>

===Kibbuy===

==During [[Bein HaShemashot]]==

==Deriving benefit from work of a non-Jew==

# 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 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===