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Amirah LeNochri: Difference between revisions
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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> | ||
==Reasons to Permit Amirah LeNochri== | ==Reasons to Permit Amirah LeNochri== | ||
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# 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 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 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> | # 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. | # 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 | # 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> | # 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=== | ===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> | # 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> | ||
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# 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> | # 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> | # 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 [[Bein HaShemashot]]== | ==During [[Bein HaShemashot]]== | ||
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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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# 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> | ||
