Amirah LeNochri: Difference between revisions
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→A Questionable Prohibition
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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== | ||
