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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> | ||
==For a sick person== | ==For a sick person== | ||
# 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, earache, or migraine headaches). | |||
# 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> | |||
# 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> | |||
# 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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==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> | ||
==Hiring a non-Jew== | ==Hiring a non-Jew before Shabbat== | ||
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]]. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on [[Shabbat]] and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref> | # One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]]. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on [[Shabbat]] and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref> | ||
# It is permitted to drop off shirts at the cleaners before Shabbat if there is a fixed price and one leaves them enough time to clean it without having to do so on Shabbat. Some say that if the non-Jew will have to work overtime if he doesn't want to work on Shabbat it is considered if one stipulated that he work on Shabbat, while others say that even if the non-Jew will have to work overtime so as not to work on Shabbat it is not like one stipulated that the non-Jew work on Shabbat. <ref> | |||
* The Mishnah (Shabbat 17b) records a dispute between Beit Shammai and Beit Hillel regarding whether one may leave clothes at a non-Jewish cleaner before Shabbat. Beit Shammai forbid, while Beit Hillel permit. The Gemara (19a) records another dispute regarding giving a letter to a non-Jewish mailman before Shabbat, where Beit Hillel permit only if one stipulates a price for the job, while Beit Shammai forbid in all cases. Rashi s.v. Ela explains that once a price is fixed, the non-Jew may deliver it at his own convenience, and if he does so on Shabbat, he is not considered to be doing it for the Jew. Tosfot s.v. Ela and Rambam 6:12 apply the condition of stipulating a price to the case of giving clothes to a cleaner. | |||
* Beit Yosef 252:2 quotes the Smag and other Rishonim who clarify that one may give clothes to a cleaner only if one does not stipulate that it be cleaned on Shabbat. S”A 252:2 codifies this as halacha. Mishnah Brurah 252:16 adds that if one specifies that he wants the clothes to be ready on Motza’ei Shabbat, it is as if one told the non-Jew to clean it on Shabbat. | |||
* 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 (oral communication) said that if by the nature of the business it is known that they won’t clean it afterhours 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 (ibid.) agreed. | |||
* Sanctity of Shabbos (ibid.) 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> | |||
==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> | ||
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# 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> | ||
# It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref> | # It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref> | ||
# Many poskim forbid ordering a newspaper that is printed and delivered on Shabbat, while some are lenient if most of the subscribers are non-Jewish.<ref> | |||
* The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on Shabbat. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on Shabbat, everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing. | |||
* Rav Moshe Feinstein (quoted by The Sanctity of Shabbos p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for Shabbat is forbidden because of Amirah LeNochri. Rav Hershel Schachter (oral communication) said it would be forbidden even if one orders a weekly subscription that includes Shabbat. | |||
* In another context, the Maharam Shick (O.C. 324) writes that it is not similar to the case of S”A 276:2 where halacha assumes that the non-Jew’s intent depends on the majority of the people for whom the melacha is done. In our case, every single print is for a specific need, and if the Jew didn’t subscribe, they would print less. Shemirat Shabbat K’hilchata 31:25, however, quotes Rav Shlomo Zalman Auerbach who argues that it is permitted to order a newspaper to be delivered on Shabbat if most of the subscribers are non-Jews because the additional printing is considered a grama, and perhaps the newspapers printed for Jews are nullified by the majority. Nonetheless, Shemirat Shabbat K’hilchata adds that if a non-Jew brought the newspaper through an area where there is no eruv, one may not read it on Shabbat. </ref> | |||
===A non-Jewish maid=== | ===A non-Jewish maid=== | ||
# It is forbidden to hire a domestic cleaning person to do Melacha on [[Shabbat]] (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | # It is forbidden to hire a domestic cleaning person to do Melacha on [[Shabbat]] (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref> | ||
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# Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 66) </ref> Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on). | # Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 66) </ref> Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on). | ||
# 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 69) </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 69) </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>39 Melachos (Rabbi Ribiat; vol 1, pg 74-5) </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>39 Melachos (Rabbi Ribiat; vol 1, pg 74-5) </ref> | ||
