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Amirah LeNochri: Difference between revisions
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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. 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 | # 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> | # 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> | ||
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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== | ||
