Amirah LeNochri: Difference between revisions
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#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 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 | #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 lose”, <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 include a command=== | ===Hints which don’t include a command=== | ||
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#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> | #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>Shulchan Aruch O.C. 276:5, 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>Shulchan Aruch O.C. 307:5, 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> | ||
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===A Questionable Prohibition=== | ===A Questionable Prohibition=== | ||
#Anything which is a dispute whether it is forbidden for a Jew to do may be done by a non-Jew on Shabbat.<ref>Tiferet Yisrael in Kalkelet Hashabbat (Amira Lnochri 7:5) writes that anything which is a dispute is permitted to be done by a non-Jew. Pri Megadim M"Z 314:11 explains that the Maharshal does not hold of the principle of the Tiferet Yisrael that anything which is a dispute is permitted through a non-Jew. [https://www.hebrewbooks.org/pdfpager.aspx?req=49108&pgnum=193 Melachim Emuncha 7:1] quotes this dispute.</ref> | #Anything which is a dispute whether it is forbidden for a Jew to do may be done by a non-Jew on Shabbat.<ref>Tiferet Yisrael in Kalkelet Hashabbat (Amira Lnochri 7:5) writes that anything which is a dispute is permitted to be done by a non-Jew. Pri Megadim M"Z 314:11 explains that the Maharshal does not hold of the principle of the Tiferet Yisrael that anything which is a dispute is permitted through a non-Jew. [https://www.hebrewbooks.org/pdfpager.aspx?req=49108&pgnum=193 Melachim Emuncha 7:1] quotes this dispute.</ref> | ||
# If something is a dispute whether it is forbidden from the Torah or rabbis there is a discussion whether it could be permitted for a mitzvah under extenuating circumstances. Each case can be asked to a rabbi. Examples: | |||
## Asking a non-Jew to bring a shofar from beyond the techum, even if it is 12 mil, under extenuating circumstances.<ref>Shaar Hatziyun 586:122 writes that in an extenuating circumstance it is permitted to ask a non-Jew to carry a shofar from beyond the techum even of 12 mil for a mitzvah. Since Tosfot and the majority of poskim hold that all of techum is rabbinic especially on Yom Tov, even though the Rambam and Rif hold techum of 12 mil is biblical it is permitted to ask a non-Jew when it is for a mitzvah and an extenuating circumstance. </ref> | |||
## Asking a non-Jew to carry from a private domain to another private domain through a public domain.<Ref> [https://www.hebrewbooks.org/pdfpager.aspx?req=49108&st=&pgnum=195 Melachim Emuncha ch. 7 fnt. 4] quotes the Shaarei Tziyon 8 based on the Bet Halevi permits asking a non-Jew to carry from one private domain to another through a public domain because it is possible that the non-Jew will not stop in the public domain in which case the carrying will only be rabbinic (even though it is a dispute whether it is biblical). He is holding that carrying in a public domain in a large city is biblical.</ref> | |||
## Asking a non-Jew to fix a Sukkah on Yom Tov if it fell down.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=49108&st=&pgnum=194 Melachim Emuncha ch. 7 fnt. 3] cites the Beer Yitzchak 13:9 who says that one could ask a non-Jew to fix a Sukkah on Yom Tov since building on Yom Tov according to Tosfot is only rabbinic, while according to the Rambam it is biblical however we could add the opinion of the Itur that Amirah Lnochri even for a biblical prohibition is permitted for a mitzvah. Melachim Emuncha notes that Beer Yitzchak didn't simply say that we can ask a non-Jew to do something which is a dispute whether it is biblical or rabbinic for a mitzvah purpose.</ref> | |||
==Telling a Non-Jew on Shabbat to Work After Shabbat== | ==Telling a Non-Jew on Shabbat to Work After Shabbat== | ||
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==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 | #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 shouldn't 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> | #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> | ||
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##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 writes that it is permitted to have a private contractor remove garbage if you couldn't find another option since it is very uncommon to have a private contractor and it is always done as a contract and not paid for by time. Mishna Brurah 244:13 writes that contracting a non-Jew to take out the garbage is a problem of marit ayin. However, 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. Tiferet Mishna Brurah 244:13 cites Nediv Lev 10, Zera Emet 1:31, and Yabia Omer 8:28:9 who agree.</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 writes that it is permitted to have a private contractor remove garbage if you couldn't find another option since it is very uncommon to have a private contractor and it is always done as a contract and not paid for by time. Mishna Brurah 244:13 writes that contracting a non-Jew to take out the garbage is a problem of marit ayin. However, 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. Tiferet Mishna Brurah 244:13 cites Nediv Lev 10, Zera Emet 1:31, and Yabia Omer 8:28:9 who agree.</ref> | ||
#It is forbidden to contact a non-Jew to build a house on Shabbat.<ref>Mishna Brurah 144:7 discusses contracting a house on Shabbat if everyone in the town contracts and doesn't hire by the hour. He concludes that some permit but one shouldn't be lenient. Igrot Moshe OC 4:52 writes that because of the rampant desecration of Shabbat we can't be lenient to contract a non-Jew to build a house on Shabbat. Ketav Sofer OC 43 cited by Dirshu 244:6 and Tiferet Mishna Brurah 244:9 agree.</ref> After the fact if someone did contract a house to be built on Shabbat many hold that it is permitted to live in the house.<ref>Shulchan Aruch OC 244:3 writes that it is proper not to benefit from the house built on Shabbat by non-Jews. Igrot Moshe 3:35 writes that after the fact the house is permitted today since it is generally contracted and not paid for by time. Tiferet Mishna Brurah 244:19 cites the Yabia Omer 8:28:13 who holds that whether the house was contracted or paid for by hiring day workers the house is only forbidden as a chumra.</ref> | #It is forbidden to contact a non-Jew to build a house on Shabbat.<ref>Mishna Brurah 144:7 discusses contracting a house on Shabbat if everyone in the town contracts and doesn't hire by the hour. He concludes that some permit but one shouldn't be lenient. Igrot Moshe OC 4:52 writes that because of the rampant desecration of Shabbat we can't be lenient to contract a non-Jew to build a house on Shabbat. Ketav Sofer OC 43 cited by Dirshu 244:6 and Tiferet Mishna Brurah 244:9 agree.</ref> After the fact if someone did contract a house to be built on Shabbat many hold that it is permitted to live in the house.<ref>Shulchan Aruch OC 244:3 writes that it is proper not to benefit from the house built on Shabbat by non-Jews. Igrot Moshe 3:35 writes that after the fact the house is permitted today since it is generally contracted and not paid for by time. Tiferet Mishna Brurah 244:19 cites the Yabia Omer 8:28:13 who holds that whether the house was contracted or paid for by hiring day workers the house is only forbidden as a chumra.</ref> | ||
#It is forbidden to hire a non-Jew to mow the lawn on Shabbat.<ref>39 Melachos v. 1 p. 83 writes that mowing the lawn is a zilzul Shabbat and having the non-Jew do it is also forbidden. Halacha Brurah 244:4 writes that an activity that is done on something attached to the ground at the Jew's house even though it is generally done as as a contract and not day worker one should be strict unless there is an extenuating circumstance. The Chayei Adam 3:10 is strict since there is a concern that you told the non-Jew to work on Shabbat and Mishna Brurah 252:17 accepts this. However, Halacha Brurah thinks many achronim are lenient and it is | #It is forbidden to hire a non-Jew to mow the lawn on Shabbat.<ref>39 Melachos v. 1 p. 83 writes that mowing the lawn is a zilzul Shabbat and having the non-Jew do it is also forbidden. Halacha Brurah 244:4 writes that an activity that is done on something attached to the ground at the Jew's house even though it is generally done as as a contract and not day worker one should be strict unless there is an extenuating circumstance. The Chayei Adam 3:10 is strict since there is a concern that you told the non-Jew to work on Shabbat and Mishna Brurah 252:17 accepts this. However, Halacha Brurah thinks many achronim are lenient and it is dependent on a dispute in the rishonim.</ref> | ||
#There is a dispute whether it is permitted to order a taxi before Shabbat to come immediately after Shabbat.<ref>Dor Hamelaktim v. 2 p. 1361 quotes a dispute between Minchat Yitzchak 6:25 and Shemirat Shabbat Kehilchata whether it is permitted to order a taxi for right after Shabbat. It could be forbidden since it is like asking them to drive on Shabbat to be ready for you after Shabbat or it could be permitted since them driving on Shabbat isn't part of the service requested.</ref> | |||
==Leaving Work By a Non-Jew== | ==Leaving Work By a Non-Jew== | ||
