Amirah LeNochri: Difference between revisions

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]].

#It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself.<ref>Shemirat Shabbat KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, and 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 to do.  </ref>

#It’s forbidden to tell a non-Jew to do something that is forbidden on [[Shabbat]] whether it is a Biblical or Rabbinic prohibition. <ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. The following rishonim hold that it is forbidden to ask a non-Jew to do derabbanan prohibitions on [[Shabbat]]:

#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>

#Some say that it is permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. Others limit this leniency. <ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3. Rav Hershel Schachter in a shiur on [http://www.yutorah.org/lectures/lecture.cfm/801713/Rabbi_Hershel_Schachter/Shiur_# yutorah.org (Shabbat Shiur #42, min 68-70)] agrees but uses different terminology (subtle hints are permitted in a case where the benefit is permitted, such as turning off the lights).

*On the other hand, Rav Shlomo Zalman Auerbach (Minchat Shlomo 2:35:13, or in Bar Ilan's responsa, 2:60:13) writes that he doesn't understand how it would be permitted to hint to a non-Jew to do a melacha on [[Shabbat]]. He explains that it isn't similar to the Mishna Brurah 307:76 who permits hinting, in a way that doesn't include a command, to fix the candle so that it lights better. In that case, the non-Jew simply fixed an existing service but didn't originate anything. He also says that a hint that doesn't include a command is permitted for putting out a fire, since the Jew doesn't benefit from the primary action of the non-Jew. For example, Rav Shlomo Zalman disagrees with the Shemirat Shabbat KeHilchata and forbids saying "it is dim in the room and I can't read" to hint to the non-Jew to turn on the lights.

#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>

#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>

#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 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 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 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>

#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>Shulchan Aruch 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, [http://www.dailyhalacha.com/Display.asp?ClipID=591 Rabbi Mansour on dailyhalacha.com]</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>

#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>

#In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta if that is necessary. For example, it is permissible to ask a non-Jew to fix the eruv if it fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally. If the eruv string fell and the non-Jew can retie it with a bow, he should do so. If he can’t tie it with a bow, the non-Jew should tie it with a double knot <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>

#It’s permissible to ask a non-Jew to remove an 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>

#In general, it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, it is permitted for a great need or big loss. <ref>Shulchan Aruch 307:5, Shemirat Shabbat KeHilchata 30:14 </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>

#If one is about to have a big loss it is 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>Gemara [[Shabbat]] 121a, Rosh ([[Shabbat]] 16:10) quoting the Behag, Shulchan Aruch 307:19, Shulchan Aruch 334:26, Shemirat Shabbat KeHilchata 30:13 </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 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 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>

#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>

#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>

#During [[Bein HaShemashot]], between [[Shekiyah]] until close to [[Tzet HaKochavim]], 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 [[Bein 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 [[Bein HaShemashot]] to light the candles, however, one shouldn’t make a Bracha on such a lighting. <ref>Shemirat Shabbat KeHilchata 30:27 </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>

*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]].

#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 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 permissible to make a payment on [[Shabbat]] not using money, such as one would could give a piece of cake as a payment, this would be permissible. <ref>Shemirat Shabbat KeHilchata 30:33 </ref>

#Some say that a live-in maid who has time off each week and doesn’t have to work on [[Shabbat]] is considered like a contractor and may do melacha for a Jew on [[Shabbat]].<ref>Rabbi Simcha Bunim Cohen (The Sanctity of [[Shabbos]] p. 91, n. 12) quotes Rav Moshe Feinstein, Rav Shlomo Zalman Auerbach, and Rav Chaim Pinchas Sheinberg as saying that maids were considered day-workers in the Mishna Brurah’s day because they could be called upon to work at any time. Nowadays, maids work regular hours and take off some days each week. These Poskim explain that if they do some work on [[Shabbat]], it is simply for their convenience - in order to have free time another day of the week. Thus, today’s live-in maids are considered like contractors and not day-workers. Rav Cohen clarifies (p. 98-9) that this does not apply to a cleaning lady or a part-time help who is hired for a fixed number of hours on [[Shabbat]]. In such a case, the maid is like a day-worker and may be hired only to do activities that a Jew could do himself on [[Shabbat]]. The 39 Melachos (v. 1, p. 82) agrees. </ref> However, if she works in the Jewish employer’s house, she may not do melacha except in her room. Some say that she may do activities that are part of her regular routine. <ref>The Yerushalmi ([[Shabbat]] 1:8) states that it is permitted to hire non-Jewish contractors as long as they don’t do the work in the Jew’s house. Based on the Yerushalmi, the Rashba ([[Shabbat]] 19a s.v. Ha) limits Beit Hillel’s permission to leave clothes at a non-Jewish cleaner to a case where the work is not done in the Jewish employer’s home. Mishna Brurah 252:17 explains that if it is done in the employer’s home, it appears as though the Jew commanded the non-Jew to work on [[Shabbat]]. Shulchan Aruch 252:2 codifies the Rashba as halacha. Shemirat Shabbat Kehilchata 30:35 writes that work that a non-Jewish maid does in her own room is considered as though it was not done in the house of the Jew.  

#It’s forbidden to derive direct benefit from work that a non-Jew performed on behalf of a Jew on [[Shabbat]]. This is true even if the non-Jew did it on his own and wasn't commanded. <ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65).