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Amirah LeNochri: Difference between revisions
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See also [[Summary of Amirah LeNochri]] | See also [[Summary of Amirah LeNochri]] | ||
# There are three reasons for the Rabbinic prohibition to instruct a non-Jew to | # There are three reasons for the Rabbinic prohibition to instruct a non-Jew to perform work for a Jew on Shabbat. | ||
* Asking a non-Jew to do work will cause a laxity in the observance of Shabbat | * Asking a non-Jew to do work will cause a laxity in the observance of Shabbat | ||
* 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 | * 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 | ||
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===Hints which also command=== | ===Hints which also 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 | # 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 command=== | ||
# It’s permissible to hint to a non-Jew to do work on Shabbat if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3 </ref> Regarding benefiting from such work, see further. | # It’s permissible to hint to a non-Jew to do work on Shabbat if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3 </ref> Regarding benefiting from such work, see further. | ||
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# 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== | |||
# 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> | |||
# It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water. <Ref>Shemirat Shabbat KeHilchata 30:24 </ref> | |||
# It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator. <Ref>Shemirat Shabbat KeHilchata 30:25 </ref> | |||
# It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing. <Ref>Shemirat Shabbat KeHilchata 30:26 </ref> | |||
==For a sick person== | |||
# 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> | |||
# In places where it’s cold and children or older people who are bothered by the cold may ask a non-Jew to turn on the heat. <Ref>Shemirat Shabbat KeHilchata 30:11 </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 </ref> | |||
==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== | |||
# If one is about to have a big loss it’s permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on Shabbat to prevent that loss. <Ref>Shemirat Shabbat KeHilchata 30:13 based on S”A 307:19 and 334:26 </ref> | |||
==Asking a non-Jew to do a Derabbanan== | |||
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. <Ref>Shemirat Shabbat KeHilchata 30:14 </ref> | |||
# 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> | |||
==To remove a obstacle== | |||
# It’s permissible to ask a non-Jew to remove a 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> | |||
# It’s permissible to ask a non-Jew to tie an eruv string that fell on Shabbat so that many people don’t carry on Shabbat unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. <Ref>Shemirat Shabbat KeHilchata 30:23 </ref> | |||
==During Ben HaShemashot== | |||
# During Ben HaShemashot, between Shekiyah until close to Tzet HaCochavim, it’s permissible to ask a non-Jew to do any forbidden activity on Shabbat if there’s a great need, a need for Shabbat, or a need for a mitzvah. <ref>S”A 261:1, Shemirat Shabbat KeHilchata 30:27 </ref> | |||
# Therefore, during Ben HaShemashot, one may ask a non-Jew to turn on the lights in the room where one will have the Shabbat meals. <Ref>Shemirat Shabbat KeHilchata 30:27 </ref> | |||
# Therefore, if one forgot to light Shabbat candles, one may ask a non-Jew during Ben HaShemashot to light the candles, however, one shouldn’t make a Bracha on such a lighting. <Ref>Shemirat Shabbat KeHilchata 30:27 </ref> | |||
==Requesting one non-Jew to tell another== | ==Requesting one non-Jew to tell another== | ||
# Instructing one non-Jew to tell another non-Jew to do a forbidden activity on Shabbat is a major dispute and many hold that one should use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after Shabbat. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 72) </ref> | # Instructing one non-Jew to tell another non-Jew to do a forbidden activity on Shabbat is a major dispute and many hold that one should use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after Shabbat. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 72) </ref> | ||
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==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> | # 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 | # However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if 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) and Shemirat Shabbat KeHilchata 20:28 rule 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> | # 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> | # 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> | ||
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# If, on Shabbat, a non-Jew cleaned clothes which were soiled or stained (on his own initiative) it’s forbidden to benefit from the cleaned clothing on Shabbat. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | # If, on Shabbat, a non-Jew cleaned clothes which were soiled or stained (on his own initiative) it’s forbidden to benefit from the cleaned clothing on Shabbat. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
# If, on Shabbat, the fire underneath the blech went out, and the non-Jew relit the fire (on his own initiative) it’s forbidden to benefit from the warmed food on Shabbat. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | # If, on Shabbat, the fire underneath the blech went out, and the non-Jew relit the fire (on his own initiative) it’s forbidden to benefit from the warmed food on Shabbat. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
# Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 66) </ref> Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on). # One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 69) </ref> | # Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 66) </ref> Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on). | ||
# One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 69) </ref> | |||
==For a sick person== | ==For a sick person== | ||
# It’s permissible to ask a non-Jew to perform any Melacha even one which is forbidden Deoritta (biblically) for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, earache, or migraine headaches). | # It’s permissible to ask a non-Jew to perform any Melacha even one which is forbidden Deoritta (biblically) for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, earache, or migraine headaches). | ||
