Amirah LeNochri: Difference between revisions
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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> | 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 | <p class="indent">There are four 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]],<ref>Rambam Shabbat 6:1</ref> (2) Yishayahu the prophet instructs us “[[Daber Davar]]” - that one’s speech on [[Shabbat]] should be different from one’s speech on the weekdays,<ref>Yishayahu 58:13, Rashi Avoda Zara 15a s.v. kiyvan</ref> 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>Rashi Shabbat 153a s.v. may</ref>,<ref>39 Melachos (Rabbi Ribiat; vol 1, pg 63-4) </ref> and (4) There is an allusion from the verse כל מלאכה לא יֵעָשֶׂה that work may not be done on the behalf Jews even by non-Jews.<ref>Rashi on Shemot 12:16</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]]. | ||
==Telling a non-Jew to do a forbidden activity== | ==Telling a non-Jew to do a forbidden activity== | ||
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===On His Own Initiative=== | ===On His Own Initiative=== | ||
#One may tell a non-Jew to do a permissible activity even if | #One may tell a non-Jew to do a permissible activity if it is possible to be done in a permissible way, even if it is clear that the non-Jew will do a prohibited activity while doing that task. If the non-Jew has in mind that the Jew will benefit directly from the prohibited activity then it is prohibited.<ref>Shemirat Shabbat KeHilchata 30:24</ref> Some say that this leniency is only applicable if it is reasonable that the non-Jew would do it in the permissible way.<ref>Orchot Shabbat p. 466</ref> For example, if asking a non-Jew to bring up food to the tenth floor will obviously mean that he'll use the elevator and not the stairs; therefore, some permit and some forbid.<ref>Dor Hamelaktim v. 1 p. 57 quotes Rav Elyashiv (Shvut Yitzchak v. 17 p. 52) and Orchot Shabbat 23:53 as strict and Shemirat Shabbat Kehilchata 30:25 as lenient. </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, Dor Hamelaktim v. 1 p. 57 citing Rav Moshe Feinstein (Rishumei Aharon 325:7) </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 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> | #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> | ||
