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There is a 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> | {{Good}} | ||
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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# 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). | # 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. | * 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. | ||
* Similarly, Betzel HaChachma 6:65:3 allows a hint which doesn't include a command as long as the non-Jew is not using the Jew's items (otherwise, there is a question of having to protest the non-Jew doing melacha on [[Shabbat]]). See also, | * Similarly, Betzel HaChachma 6:65:3 allows a hint which doesn't include a command as long as the non-Jew is not using the Jew's items (otherwise, there is a question of having to protest the non-Jew doing melacha on [[Shabbat]]). See also, Shulchan Aruch HaRav 307:7. | ||
* 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. | * 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. | * 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. | ||
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# It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat [[Shabbat]] KeHilchata 30:8 </ref> | # It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat [[Shabbat]] KeHilchata 30:8 </ref> | ||
# It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the [[mail]]. <Ref>Shemirat [[Shabbat]] KeHilchata 30:10 </ref> | # It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the [[mail]]. <Ref>Shemirat [[Shabbat]] KeHilchata 30:10 </ref> | ||
==On His Own Initiative== | ===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> | # 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 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> | ||
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# 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> | # 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> | ||
===If the non-Jew asks=== | ===If the non-Jew asks=== | ||
# If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate | # If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate if such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref> | ||
==For a Sick Person== | ==Reasons to Permit Amirah LeNochri== | ||
# 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, severe earache, or migraine headaches).<ref>The Gemara [[Shabbat]] 129a states that it is permitted to ask a non-Jew to do melacha, even if it is deoritta, 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, severe earache, or migraine headaches).<ref>The Gemara [[Shabbat]] 129a states that it is permitted to ask a non-Jew to do melacha, even if it is deoritta, for a sick person. Shulchan Aruch 328:17 and Shemirat [[Shabbat]] KeHilchata 30:11 codify this as halacha. The 39 Melachos (vol. 1, p. 73-4) gives a few a examples for above halacha: hospital patient, someone confined to bed out of illness, someone with the flu, severe toothache, severe earache, and a migraine.</ref> | |||
# 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> | # 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> | # 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> | # 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> | # 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 one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing. <Ref> | # In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing. <Ref>Shulchan Aruch 276:5, Mishna Brurah 276:40, Shemirat [[Shabbat]] KeHilchata 23:26, 30:11, [http://www.dailyhalacha.com/Display.asp?ClipID=591 Rabbi Mansour on dailyhalacha.com]</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> | # 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> | # 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 purpose of a mitzvah, it’s permissible to ask a non-Jew to perform a Melacha only if it is only forbidden MeDeRabbanan.<Ref>Gemara Eruvin 67b, Shulchan Aruch 307:5, 39 Melachos (Rabbi Ribiat; vol 1, pg 74-5) </ref> Similarly, to serve unexpected guests it is permitted to ask a non-Jew to do a derabbanan. <Ref>Shemirat [[Shabbat]] KeHilchata 30:14 </ref> | |||
# 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. Ketav Sofer OC 116 explains the Rambam Shabbat 6:10 as saying that it is permitted to ask a non-Jew to bring a shofar from a tree on Shabbat for Yom Tov on Sunday, however, he isn't certain whether it is permitted since Shulchan Aruch doesn't quote that Rambam. </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 desecration. 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> | |||
# If it is necessary, in order to buy a [[land of Israel]] from non-Jews on [[Shabbat]], it is permissible to have a non-Jew write the document confirming the sale on [[Shabbat]]. <ref>Gemara Gittin 8b, Shulchan Aruch 306:11</ref> | |||
== | ===For The Need of Many People=== | ||
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, | # 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> | ||
# In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 75) </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=== | |||
# In general, it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, it is permitted for a great need or big loss. <Ref>Shulchan Aruch 307:5, Shemirat [[Shabbat]] KeHilchata 30:14 </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 is 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>Gemara [[Shabbat]] 121a, Rosh ([[Shabbat]] 16:10) quoting the Behag, Shulchan Aruch 307:19, Shulchan Aruch 334:26, Shemirat [[Shabbat]] KeHilchata 30:13 </ref> | |||
==Telling a Non-Jew on Shabbat to Work After Shabbat== | |||
# It’s forbidden to tell a non-Jew on [[Shabbat]] to do a prohibited activity after [[Shabbat]]. <ref> Mishna Brurah 307:9, Shemirat [[Shabbat]] KeHilchata 30:2 </ref> | |||
# It’s permissible to hint to a non-Jew on [[Shabbat]] to do work after [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat [[Shabbat]] KeHilchata 30:3 </ref> | |||
# It’s permissible to tell a non-Jew on [[Shabbat]] “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after [[Shabbat]]). <ref>Shemirat [[Shabbat]] KeHilchata 30:9 </ref> | |||
==Telling a non-Jew before or after Shabbat== | |||
# It’s forbidden to tell a non-Jew before or after [[Shabbat]] to do a prohibited activity on [[Shabbat]]. <ref>S”A 307:2, Shemirat [[Shabbat]] KeHilchata 30:2 </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> | |||
==Amirah LeNochri for Certain Melachot== | |||
===Muktzeh=== | |||
# 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> | # 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=== | |||
# If a non-Jew comes to put out a fire, one doesn't need to stop them. <ref>Mishna [[Shabbat]] 121a, Shulchan Aruch 334:25</ref> | |||
# It is permitted to say in front of non-Jews "Anyone who puts out the fire won't lose out." Additionally, it is permitted to call a non-Jew to come over to the fire even if he will certainly put it out when he comes. <ref>Gemara [[Shabbat]] 121a, Rosh 16:10, Shulchan Aruch 334:26</ref> | |||
===Preparing=== | |||
# It is forbidden to ask a non-Jew to do an activity on Shabbat that is for after Shabbat even it is with non-melacha activities since a Jew that would certainly be forbidden to do so as it is preparing ([[hachana]]) for after Shabbat. For example, one may not ask a non-Jew to clean dishes on Shabbat for after Shabbat.<ref>Melachim Emuncha (Rabbi Zilberstein, 1:11, p. 40) concludes with many proofs that it is forbidden to do [[hachana]] through amirah lenochri. The 39 Melachos (Rabbi Ribiat, v. 1 fnt. 314) discusses if the entire concept of amirah lenochri only applies to melachot and not to the neglect of positive mitzvot of Shabbat. His conclusion is unclear and seems to be strict. [www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=205 Mechezeh Eliyahu 63:35 p. 180] cites the Magen Avraham 321:7 who implies clearly that there is amirah lenochri for [[hachana]], while the Eliyah Rabba 252:12 clearly seems to permit it, he also cites a Pri Megadim who seems to be in doubt on the matter, however, his conclusion is that it is forbidden based on numerous Mishna Brurah's unless there is a financial loss.</ref> | |||
## Practically, it is forbidden to ask a non-Jewish custodian in shul to clean up from Seudat Shelishit while it is still Shabbat since it is preparing. Similarly, it is forbidden to ask a non-Jewish caterer clean up from an event on Shabbat since it is preparing for after Shabbat. However, if they prefer to do the cleanup on Shabbat as opposed to afterwards it is permitted to let them do so.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/874130/rabbi-yaakov-b-neuburger/amira-lnachri-and-pikuach-nefesh-shiur-6/ Rabbi Neuberger in Amirah Lnachri Shiur 6 (min 32-6)] says that generally it is forbidden because of amirah lenochri on hachana. However, if the non-Jew is working on his own schedule and he prefers to do the cleanup on Shabbat as opposed to after Shabbat that is permitted. Nonetheless, on a regular basis it is a problem to let the non-Jew clean up on Shabbat is a problem since it is a zilzul Shabbat.</ref> | |||
==During [[ | ==During [[Bein HaShemashot]]== | ||
# During [[ | # During [[Bein HaShemashot]], between [[Shekiyah]] until close to [[Tzet HaKochavim]], 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 [[ | # Therefore, during [[Bein 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 [[ | # Therefore, if one forgot to light [[Shabbat]] candles, one may ask a non-Jew during [[Bein 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). Sh"t Chavot Yair 46 says if you tell one non-Jew to tell another one, that is permitted even for torah violations and certainly for violations that are only midirabanan | # 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). Sh"t Chavot Yair 46 says if you tell one non-Jew to tell another one, that is permitted even for torah violations and certainly for violations that are only midirabanan.</ref> | ||
# Some say that it is permitted to ask a non-Jew to ask another non-Jew to do melacha on Shabbat, while others argue.<ref> Chatom Sofer OC 60 relies upon the Chavot Yair only in a case where one asked the non-Jew before Shabbat. Biur Halacha (307:2 s.v. afilu) argues that we shouldn't accept the Chavot Yair nor the Chatom Sofer. </ref> | |||
==Hiring a non-Jew before Shabbat== | ==Hiring a non-Jew before Shabbat== | ||
# 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> | ||
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* The Pri Megadim (M”Z 244:5) writes that if the Jew wants the job to be finished by a certain time that would require the non-Jew to work on [[Shabbat]] unless he would overexert himself and work at night, it is considered as if the Jew stipulated that the non-Jew work on [[Shabbat]]. Similarly, Rav Hershel Schachter (Halachipedia Article 5773 #6) said that if by the nature of the business it is known that they won’t clean it after-hours but will do it on [[Shabbat]], it is as if one stipulated that they do it on [[Shabbat]]. Rav Yosef Shalom Elyashiv (quoted by Sanctity of [[Shabbos]] p. 66), and Rav Chaim Pinchas Sheinburg (quoted by Sanctity of [[Shabbos]] p. 66) agreed. | * The Pri Megadim (M”Z 244:5) writes that if the Jew wants the job to be finished by a certain time that would require the non-Jew to work on [[Shabbat]] unless he would overexert himself and work at night, it is considered as if the Jew stipulated that the non-Jew work on [[Shabbat]]. Similarly, Rav Hershel Schachter (Halachipedia Article 5773 #6) said that if by the nature of the business it is known that they won’t clean it after-hours but will do it on [[Shabbat]], it is as if one stipulated that they do it on [[Shabbat]]. Rav Yosef Shalom Elyashiv (quoted by Sanctity of [[Shabbos]] p. 66), and Rav Chaim Pinchas Sheinburg (quoted by Sanctity of [[Shabbos]] p. 66) agreed. | ||
* Sanctity of [[Shabbos]] (p. 66) infers from Eliyah Rabba 244:12 and Igrot Moshe 4:53 that even if the non-Jew would have to work into the night to complete it before [[Shabbat]], it is not considered as though one stipulated that it be done on [[Shabbat]]. </ref> | * Sanctity of [[Shabbos]] (p. 66) infers from Eliyah Rabba 244:12 and Igrot Moshe 4:53 that even if the non-Jew would have to work into the night to complete it before [[Shabbat]], it is not considered as though one stipulated that it be done on [[Shabbat]]. </ref> | ||
# If one’s scheduled garbage pickup is on [[Shabbat]], one may allow the sanitation department to pickup one’s garbage on [[Shabbat]]. <ref> Rav Mordechai Willig (Am Mordechai p. 214) writes that since the garbage collectors work for the city, one may let non-Jewish garbage collectors pick up his garbage on [[Shabbat]]. The Sanctity of [[Shabbos]] (p. 84) adds that there’s no issue of marit ayin because it is well-known that the Jewish homeowner didn’t arrange for the garbage to be picked up on [[Shabbat]]. </ref> | # If one’s scheduled garbage pickup is on [[Shabbat]], one may allow the sanitation department to pickup one’s garbage on [[Shabbat]]. <ref> Rav Mordechai Willig (Am Mordechai p. 214) writes that since the garbage collectors work for the city, one may let non-Jewish garbage collectors pick up his garbage on [[Shabbat]]. The Sanctity of [[Shabbos]] (p. 84) adds that there’s no issue of marit ayin because it is well-known that the Jewish homeowner didn’t arrange for the garbage to be picked up on [[Shabbat]]. 39 Melachos v. 1 p. 86 agrees.</ref> | ||
## If the trash from a construction or the like is collected by a private contractor one must stipulate that the pickup not be on Shabbat but it isn't possible and isn't possible to get another contractor it is permitted.<ref>39 Melachos v. 1 p. 86. Ben Ish Chai (Shana Sheniya, Trumah, no. 3) and Yalkut Yosef 244:1 permit hiring a contractor to remove garbage in front of one's house for a fixed price as long as one doesn't tell them to do it on Shabbat. Then even if they come on Shabbat that is fine since everyone knows that trash removal is done by contracting for a fixed price and not by hour. </ref> | |||
==Leaving Work By a Non-Jew== | ==Leaving Work By a Non-Jew== | ||
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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 Shulchan Aruch 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 Shulchan Aruch 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> | ||
# However, it’s forbidden to benefit from an action of a non-Jew where the action was done for a Jew. For example, if a non-Jewish maid boils a pot of hot water for a cup of hot-water, the family members may not benefit from the rest of the hot water in the pot which was probably heated for them. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 68) </ref> | # However, it’s forbidden to benefit from an action of a non-Jew where the action was done for a Jew. For example, if a non-Jewish maid boils a pot of hot water for a cup of hot-water, the family members may not benefit from the rest of the hot water in the pot which was probably heated for them. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 68) </ref> | ||
===What Is Considered Direct Benefit?=== | ===What Is Considered Direct Benefit?=== | ||
# It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty (the room was dimly lit). <Ref> Mishna Brurah 307:76, | # It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty (the room was dimly lit). <Ref> Mishna Brurah 307:76, Magen Avraham, and Knesset Hagedolah in name of the Maharmat. Pri Megadim explains that it’s not real benefit since one could have read beforehand anyway and the light is just improved. This is codified in 39 Melachos (Rabbi Ribiat; vol 1 pg 66). </ref> | ||
# If a non-Jew turns on a light (on his own initiative) in a room which was totally dark and one was unable to read, it’s nonetheless forbidden for the Jew to benefit from the light that the non-Jew turned on. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | # If a non-Jew turns on a light (on his own initiative) in a room which was totally dark and one was unable to read, it’s nonetheless forbidden for the Jew to benefit from the light that the non-Jew turned on. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref> | ||
# 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 67) </ref> | # 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 67) </ref> | ||
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# 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). | # 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> | # 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> | ||
==Commanding animals to do work== | ==Commanding animals to do work== | ||
