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Amirah LeNochri: Difference between revisions

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* 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
* 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
* 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>
* 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>
# 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>
# 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>
==Telling a non-Jew to do a forbidden activity==
==Telling a non-Jew to do a forbidden activity==
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat [[Shabbat]] KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref>
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat Shabbat KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref>
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on [[Shabbat]]. <ref>Mishna Brurah 253:94, Shemirat [[Shabbat]] KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on [[Shabbat]]. <ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64) </ref>
# It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64) </ref>
===Hints which also command===
===Hints which also command===
# 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 loose”, <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>
# 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 loose”, <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 command===
===Hints which don’t command===
# It’s permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat [[Shabbat]] KeHilchata 30:3 </ref> Regarding benefiting from such work, see further.  
# It’s permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3 </ref> Regarding benefiting from such work, see further.  
# A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70) </ref> “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat [[Shabbat]] KeHilchata 30:5-6 </ref>
# A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70) </ref> “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat Shabbat KeHilchata 30:5-6 </ref>
# If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on. <Ref>Shemirat [[Shabbat]] KeHilchata 30:7 </ref>
# If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on. <Ref>Shemirat Shabbat KeHilchata 30:7 </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 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>
===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 it such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref>
# 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 it such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref>
===Telling a non-Jew to do work after [[Shabbat]]===
===Telling a non-Jew to do 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 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 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>
# 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]]===
===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 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>
# 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>  
# 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>  
==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>
# 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>
==For a sick person==
==For a sick person==
# 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>S"A 276:5, Mishna Brurah 276:40, Shemirat [[Shabbat]] KeHilchata 23:26, 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </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>S"A 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 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>
# 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>


==To save Sefarim==
==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>
# 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==
==For a big loss==
# If one is about to have a big loss it’s 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>Shemirat [[Shabbat]] KeHilchata 30:13 based on S”A 307:19 and 334:26 </ref>
# If one is about to have a big loss it’s 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>Shemirat Shabbat KeHilchata 30:13 based on S”A 307:19 and 334:26 </ref>
==Asking a non-Jew to do a Derabbanan==
==Asking a non-Jew to do a Derabbanan==
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. <Ref>Shemirat [[Shabbat]] KeHilchata 30:14 </ref>
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. <Ref>Shemirat Shabbat KeHilchata 30:14 </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>
# 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>
==To remove a obstacle==
==To remove a obstacle==
# It’s permissible to ask a non-Jew to remove a 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>
# It’s permissible to ask a non-Jew to remove a 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>
# It’s permissible to ask a non-Jew to tie an eruv string that fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. <Ref>Shemirat [[Shabbat]] KeHilchata 30:23 </ref>  
# It’s permissible to ask a non-Jew to tie an eruv string that fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. <Ref>Shemirat Shabbat KeHilchata 30:23 </ref>  
==During Ben HaShemashot==
==During Ben HaShemashot==
# During Ben HaShemashot, between Shekiyah until close to Tzet HaCochavim, 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>  
# During Ben HaShemashot, between Shekiyah until close to Tzet HaCochavim, 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 Ben 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, during Ben 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 Ben HaShemashot to light the candles, however, one shouldn’t make a Bracha on such a lighting. <Ref>Shemirat [[Shabbat]] KeHilchata 30:27 </ref>
# Therefore, if one forgot to light [[Shabbat]] candles, one may ask a non-Jew during Ben 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) </ref>
# 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) </ref>
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==Leaving work by a non-Jew==
==Leaving work by a non-Jew==
# If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref>
# If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref>
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, [[Shabbat]] VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat [[Shabbat]] KeHilchata 20:28 rule strictly. </ref>
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, [[Shabbat]] VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat Shabbat KeHilchata 20:28 rule strictly. </ref>
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) </ref>
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) </ref>
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref>
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref>
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==Hiring a non-Jew==
==Hiring a non-Jew==
# It’s forbidden before [[Shabbat]] to pay a non-Jew to do work for a Jew if because of the lack of time the non-Jew will have to work on [[Shabbat]] for the Jew. <Ref>Shemirat [[Shabbat]] KeHilchata 30:28 </ref>
# It’s forbidden before [[Shabbat]] to pay a non-Jew to do work for a Jew if because of the lack of time the non-Jew will have to work on [[Shabbat]] for the Jew. <Ref>Shemirat Shabbat KeHilchata 30:28 </ref>
# It’s forbidden to hire an electrician to fix something in the house on [[Shabbat]], because the work is being done in a Jew’s house. <Ref>Shemirat [[Shabbat]] KeHilchata 30:30 </ref>
# It’s forbidden to hire an electrician to fix something in the house on [[Shabbat]], because the work is being done in a Jew’s house. <Ref>Shemirat Shabbat KeHilchata 30:30 </ref>
# It’s permitted to hire a non-Jew to milk one’s cows on [[Shabbat]] even if one specifies [[Shabbat]] because of the pain it causes the cows if they aren’t milked, however, one should try to milk the cows right before and after [[Shabbat]] in order to minimize this leniency. Additionally, it’s permissible for a Jew to over watch the milking as long as he doesn’t speak with the non-Jew about the wages. <Ref>Shemirat [[Shabbat]] KeHilchata 30:31 </ref>
# It’s permitted to hire a non-Jew to milk one’s cows on [[Shabbat]] even if one specifies [[Shabbat]] because of the pain it causes the cows if they aren’t milked, however, one should try to milk the cows right before and after [[Shabbat]] in order to minimize this leniency. Additionally, it’s permissible for a Jew to over watch the milking as long as he doesn’t speak with the non-Jew about the wages. <Ref>Shemirat Shabbat KeHilchata 30:31 </ref>
===Paying non-Jews===
===Paying non-Jews===
# It’s permissible to pay on [[Shabbat]] not using money such as by giving a piece of cake. <ref> Shemirat [[Shabbat]] KeHilchata 30:33 </ref>
# It’s permissible to pay on [[Shabbat]] not using money such as by giving a piece of cake. <ref> Shemirat Shabbat KeHilchata 30:33 </ref>


==Non-Jew working at a Jewish home==
==Non-Jew working at a Jewish home==
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# One can’t have a goy build on the field or harvest the field of a Jew on [[Shabbat]] since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref>
# One can’t have a goy build on the field or harvest the field of a Jew on [[Shabbat]] since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref>
==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 the non-Jew performs on behalf of a Jew even if the Jew did not command the non-Jew at all. <Ref>Shemirat [[Shabbat]] KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref>
# It’s forbidden to derive direct benefit from work that the non-Jew performs on behalf of a Jew even if the Jew did not command the non-Jew at all. <Ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65) </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>