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Amirah LeNochri: Difference between revisions
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# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on Shabbat. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on Shabbat and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref> | # One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on Shabbat. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on Shabbat and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref> | ||
==Leaving work by a non-Jew== | ==Leaving work by a non-Jew== | ||
# | # If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on Shabbat. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on Shabbat, it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref> | ||
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night so there’s no time for the goy to fix it before or after Shabbat because it's tantamount to telling the non-Jew to work on Shabbat. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, Shabbat VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) rules strictly. </ref> | |||
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before Shabbat. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) </ref> | |||
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on Shabbat. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on Shabbat. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref> | |||
# It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on Shabbat unless it is stipulated that the custodian only does non-Melacha activities. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref> | |||
===A non-Jewish maid=== | |||
# It is forbidden to hire a domestic cleaning person to do Melacha on Shabbat (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | |||
# It is permissible to ask a maid to wash dishes even though the maid will use hot water and a sponge as she is doing so for her own convenience and was not included in any request. <ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | |||
# Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on Shabbos and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on Shabbat including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading Shabbat's sanctity. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, Rabbi Shlomo Zalman Auerbach, and Rabbi Chaim Pinchas Sheinburg. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..." </ref> | |||
# In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9) </ref> | |||
# It order to avoid degradation of the sanctity of Shabbat one may not have a maid garden or wash windows. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | |||
# According to Ashkenazim, in order to avoid degradation of the sanctity of Shabbat one may not have a maid use a machine which draws attention due to a loud noise such as a washing machine, dishwasher, dryer, and vacuum cleaner. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref> | |||
==Non-Jew working at a Jewish home== | ==Non-Jew working at a Jewish home== | ||
==Non-Jew working with Jewish owned items== | ==Non-Jew working with Jewish owned items== | ||
