Asking a Jew to Work on Shabbat: Difference between revisions
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==Prohibition== | ==Prohibition== | ||
# Just as observant Jews do not violate [[Shabbat]], they equally have a responsibility to prevent other Jews from violating [[Shabbat]] when it is in their control. Asking a Jew to do work is a more serious transgression than asking a non-Jew, as it causes someone who is obligated to keep [[Shabbat]] to violate it. By asking a fellow Jew to violate [[Shabbat]], the requester violates "[[Lifnei Iver]] lo Titen Michshal" - the issur forbidding a Jew to cause another Jew to violate a law he is obligated in. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 91, footnote 354) | # Just as observant Jews do not violate [[Shabbat]], they equally have a responsibility to prevent other Jews from violating [[Shabbat]] when it is in their control. Asking a Jew to do work is a more serious transgression than asking a non-Jew, as it causes someone who is obligated to keep [[Shabbat]] to violate it. By asking a fellow Jew to violate [[Shabbat]], the requester violates "[[Lifnei Iver]] lo Titen Michshal" - the issur forbidding a Jew to cause another Jew to violate a law he is obligated in.<ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 91, footnote 354) | ||
* Radvaz 4:258 explains that there should be a problem of Amira LiYisrael, which should be no more allowed than asking a non-Jew. </ref> | * Radvaz 4:258 explains that there should be a problem of Amira LiYisrael, which should be no more allowed than asking a non-Jew. </ref> | ||
# One should make sure neighbors that one may sometimes ask favors from on [[Shabbat]] are in fact not Jewish and not merely not religious Jews. <ref>see Gemara 150a and Ritva 150a "may shna..." </ref> | # One should make sure neighbors that one may sometimes ask favors from on [[Shabbat]] are in fact not Jewish and not merely not religious Jews.<ref>see Gemara 150a and Ritva 150a "may shna..." </ref> | ||
==Children== | ==Children== | ||
# see Hitorirut | # see Hitorirut Teshuva 1:134 | ||
==Practical cases== | ==Practical cases== | ||
===Asking them to do something you hold is forbidden=== | ===Asking them to do something you hold is forbidden=== | ||
# Someone who holds that it’s forbidden to do a certain activity on [[Shabbat]] may not ask another Jew who holds that it’s permissible to do that activity on [[Shabbat]]. <ref> The 39 Melachos (Rabbi Ribiat, vol 1, pg 93) writes that it’s forbidden to ask a fellow Jew to open a can or bottle for him on [[Shabbat]] if the one requesting holds that one is forbidden to do so. He supports this with Sh”t Igrot Moshe 4:119:5. | # Someone who holds that it’s forbidden to do a certain activity on [[Shabbat]] may not ask another Jew who holds that it’s permissible to do that activity on [[Shabbat]].<ref> The 39 Melachos (Rabbi Ribiat, vol 1, pg 93) writes that it’s forbidden to ask a fellow Jew to open a can or bottle for him on [[Shabbat]] if the one requesting holds that one is forbidden to do so. He supports this with Sh”t Igrot Moshe 4:119:5. | ||
Many poskim also forbid including Tal Imrati (18:11, pg 190) quoting Chacham Ben Tzion Abba Shaul, Yalkut Yosef ([[Shabbat]], vol 3, pg 217-9) quoting Rav Ovadyah Yosef, Banim Chavivim (Siman 18, pg 91) quoting Rabbi Eliezer Waldenburg (from Meor Ha[[Shabbat]] (vol 1, Peninei HaMeor pg 552)) and Rav Chaim Kanievsky (from Meor Ha[[Shabbat]] (vol 2, pg 77)). Rav Yisrael Belsky in Shulchan HaLevi (vol 1, Birur Halacha 10, pg 339) also rules stringently and gives four reasons. | Many poskim also forbid including Tal Imrati (18:11, pg 190) quoting Chacham Ben Tzion Abba Shaul, Yalkut Yosef ([[Shabbat]], vol 3, pg 217-9) quoting Rav Ovadyah Yosef, Banim Chavivim (Siman 18, pg 91) quoting Rabbi Eliezer Waldenburg (from Meor Ha[[Shabbat]] (vol 1, Peninei HaMeor pg 552)) and Rav Chaim Kanievsky (from Meor Ha[[Shabbat]] (vol 2, pg 77)). Rav Yisrael Belsky in Shulchan HaLevi (vol 1, Birur Halacha 10, pg 339) also rules stringently and gives four reasons. | ||
* (1) Shelichut LeDvar Avierah. In the Gemara Bava Metsia 10b there is a dispute between Ravina and Rami Bar Chama regarding Shaliach LeDvar Avierah. Ravina holds that there’s only Ein Shaliach LeDvar Avierah when the one being sent is obligated in that prohibition, while Rami Bar Chama says that there’s Ein Shaliach LeDvar Avierah whenever the one being sent has the ability to choose to do it or not. The Rama C”M 182:1 rules like Ravina and so if the one being sent isn’t obligated then there is Shelichut. Rav Belsky concludes that since the one being sent follows a Rabbi who holds it’s permissible to open a bottle he’s considered not obligated in that prohibition and there would be Shelichut. Thus, if he is asked by someone who doesn’t open bottles on Shabbat there would be a Deoritta violation of [[Shabbat]]. | * (1) Shelichut LeDvar Avierah. In the Gemara Bava Metsia 10b there is a dispute between Ravina and Rami Bar Chama regarding Shaliach LeDvar Avierah. Ravina holds that there’s only Ein Shaliach LeDvar Avierah when the one being sent is obligated in that prohibition, while Rami Bar Chama says that there’s Ein Shaliach LeDvar Avierah whenever the one being sent has the ability to choose to do it or not. The Rama C”M 182:1 rules like Ravina and so if the one being sent isn’t obligated then there is Shelichut. Rav Belsky concludes that since the one being sent follows a Rabbi who holds it’s permissible to open a bottle he’s considered not obligated in that prohibition and there would be Shelichut. Thus, if he is asked by someone who doesn’t open bottles on Shabbat there would be a Deoritta violation of [[Shabbat]]. | ||
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# It is forbidden to have one's young child do any violation of [[Shabbat]] such as turning on a light. <Ref>[http://www.ou.org/webcast_kosher Rabbi Hershel Schachter] (OU Kosher Webcast, min 18-19) rules that this is a biblical violation of [[Shabbat]]. </ref> | # It is forbidden to have one's young child do any violation of [[Shabbat]] such as turning on a light. <Ref>[http://www.ou.org/webcast_kosher Rabbi Hershel Schachter] (OU Kosher Webcast, min 18-19) rules that this is a biblical violation of [[Shabbat]]. </ref> | ||
# If a child turns on a light on his own and for his own benefit, there's room to be lenient to benefit from that violation of [[Shabbat]]. <Ref>[http://www.ou.org/webcast_kosher Rabbi Hershel Schachter] (OU Kosher Webcast, min 18-19) says that there's room to be lenient since the child is like mitasek and if he did it for himself then it's not forbidden from benefit like a non-Jew who did work for himself. </ref> | # If a child turns on a light on his own and for his own benefit, there's room to be lenient to benefit from that violation of [[Shabbat]]. <Ref>[http://www.ou.org/webcast_kosher Rabbi Hershel Schachter] (OU Kosher Webcast, min 18-19) says that there's room to be lenient since the child is like mitasek and if he did it for himself then it's not forbidden from benefit like a non-Jew who did work for himself. </ref> | ||
# A Sephardi can ask an Ashkenazi to ask a non-Jew to turn on a light or do another melacha in the case of a great need of a mitzvah for a lot of people since for Ashkenazim it is permitted.<ref>[https://www.torahanytime.com/#/lectures?v=62354 Rav Yitzchak Yosef (Motzei Shabbat Shalach 5778 min 30)] permitted a Sephardi to ask an Ashkenazi to ask a non-Jew to do a melacha on Shabbat for a great need of a mitzvah for a lot of people because the Rama 276 is lenient and there's no issue of amirah leyisrael. His proof was 263:17. He added that one should explain it to the Ashkenazi so that he isn't offended. This is the final opinion of Rav Ovadia Yosef on the topic, but originally he was more strict. For example, in Yalkut Yosef (Shabbat v. 3, 5753 edition, p. 216) he says it is forbidden for Sephardi to ask Ashkenazi to return to hotplate liquids that were cooked and still warm but aren't still yad soledet bo. But in the back pp. 462, he says that his father changed his mind (see Yabia Omer 9:49). Similarly, in Yalkut Yosef (Shabbat v. 1-4, 5773 edition p. 106, 276:14) permits a Sephardi to ask a Ashkenazi to ask a non-Jew to do a melacha for a tzorech mitzvah since Ashkenazim hold that's permitted and Sephardim don't. See further Yalkut Yosef (Shabbat v. 1-2, 5771 edition, pp. 216-220).</ref> | |||
===If They Did It on Their Own Initiative=== | |||
#If someone who holds something is permitted does that activity on his own initiative for someone who holds it is forbidden, some permit benefitting from it, while others forbid.<ref>Dor Hamelaktim v. 1 p. 535-6 quotes Yalkut Yosef v. 3 p. 219 and Torat Hamelachot (Ofeh n. 252 s.v. vheneh) as holding it is permitted if the person does it on his own initiative for the one who holds it is forbidden. However, Orchot Shabbat v. 3 p. 29 is strict. His teshuva siman 19 discusses it at length. See Igrot Moshe 4:119:5.</ref> | |||
===If One Accepted Shabbat Early=== | ===If One Accepted Shabbat Early=== | ||
# One who accepted [[shabbat]] early is permitted to ask his friend who didn’t, to do melacha for him. <ref> Yalkut Yosef 261:3. Mishna Brurah 263:64 says that this is permitted but adds that if it is close to sunset, one should be stringent since most Jews probably accepted [[shabbat]] at that point. Rashba [[Shabbat]] 151A “Amar R’ yehuda” quotes that since the gemara allows you to ask a Jew to watch fruit which is outside of your [[techum]], since it is inside of his, that Tosfot hold that a Jew who accepted [[Shabbat]] before sunset can ask a Jew who didn’t yet, to do work for him even though he can’t do it for himself. Ritva there agrees. Chatam Sofer [[Shabbat]] 151a writes that the Ran on the Rif 64b disagrees and rejects the proof. S”A 263:17 writes that yesh omrim that somebody who accepted [[shabbat]] early can ask his friend to do work for him. Rama there adds that one can surely benefit from that melacha after the fact. In Darchei Moshe 263:8 he adds that this would be true even according to the Rama. Taz 263:3 is lenient and says that the Ran didn't necessarily disagree, he was just rejected the proof brought by the Rashba. Magen Avraham 263:33 is lenient as well. </ref> | # One who accepted [[shabbat]] early is permitted to ask his friend who didn’t, to do melacha for him.<ref> Yalkut Yosef 261:3. Mishna Brurah 263:64 says that this is permitted but adds that if it is close to sunset, one should be stringent since most Jews probably accepted [[shabbat]] at that point. Rashba [[Shabbat]] 151A “Amar R’ yehuda” quotes that since the gemara allows you to ask a Jew to watch fruit which is outside of your [[techum]], since it is inside of his, that Tosfot hold that a Jew who accepted [[Shabbat]] before sunset can ask a Jew who didn’t yet, to do work for him even though he can’t do it for himself. Ritva there agrees. Chatam Sofer [[Shabbat]] 151a writes that the Ran on the Rif 64b disagrees and rejects the proof. S”A 263:17 writes that yesh omrim that somebody who accepted [[shabbat]] early can ask his friend to do work for him. Rama there adds that one can surely benefit from that melacha after the fact. In Darchei Moshe 263:8 he adds that this would be true even according to the Rama. Taz 263:3 is lenient and says that the Ran didn't necessarily disagree, he was just rejected the proof brought by the Rashba. Magen Avraham 263:33 is lenient as well. </ref> | ||
===Yom Tov Sheni=== | ===Yom Tov Sheni=== | ||
# For whether someone holding two days of [[Yom Tov]] can ask a Jew who is only keep one day to do work for him, see [[http://halachipedia.com/index.php?title=Yom_tov_sheni#Asking_an_Israeli_do_Melacha_on_Yom_Tov_Sheni|Asking an Israeli to do work on Yom Tov Sheni]] | # For whether someone holding two days of [[Yom Tov]] can ask a Jew who is only keep one day to do work for him, see [[http://halachipedia.com/index.php?title=Yom_tov_sheni#Asking_an_Israeli_do_Melacha_on_Yom_Tov_Sheni|Asking an Israeli to do work on Yom Tov Sheni]] | ||
===Inviting a non-Observant Guest who may Drive=== | ===Inviting a non-Observant Guest who may Drive=== | ||
# There is a big discussion amongst the poskim if one may invite a guest for [[Shabbat]] who is going to drive to get there or back. <ref> | # There is a big discussion amongst the poskim if one may invite a guest for [[Shabbat]] who is going to drive to get there or back.<ref> | ||
* Rav Moshe Shternbuch (Teshuvot Vihanhagot 1:358) is lenient since you are trying to cause the person to refrain from sinning in the long term by inviting them to take part in a religious [[shabbat]] experience. He adds that it cannot be a problem of lifnei iver if your intentions are to help the person. However, he adds some stipulations: 1. to avoid chilul Hashem, make sure they park at a distance from your home. 2. One should make sure to warn them of the severity of [[Shabbat]] desecration and the sweetness of its observance. see also Minchat Shlomo 2:4:10, Sh"t Rivevot Ephraim 7:402 and Umekarev Biyemin 16. | * Rav Moshe Shternbuch (Teshuvot Vihanhagot 1:358) is lenient since you are trying to cause the person to refrain from sinning in the long term by inviting them to take part in a religious [[shabbat]] experience. He adds that it cannot be a problem of lifnei iver if your intentions are to help the person. However, he adds some stipulations: 1. to avoid chilul Hashem, make sure they park at a distance from your home. 2. One should make sure to warn them of the severity of [[Shabbat]] desecration and the sweetness of its observance. see also Minchat Shlomo 2:4:10, Sh"t Rivevot Ephraim 7:402 and Umekarev Biyemin 16. | ||
* [http://en.tvunah.org/2013/08/04/new-question-inviting-someone-who-will-drive/ Rav Osher Weiss] says that as long as you make clear to them that they may stay over for [[Shabbat]] and encourage them to do so, it would be permissible and perhaps even encouraged if this is the only way to encourage others towards keeping mitzvot. see link for lengthy discussion of the issue | * [http://en.tvunah.org/2013/08/04/new-question-inviting-someone-who-will-drive/ Rav Osher Weiss] says that as long as you make clear to them that they may stay over for [[Shabbat]] and encourage them to do so, it would be permissible and perhaps even encouraged if this is the only way to encourage others towards keeping mitzvot. see link for lengthy discussion of the issue | ||
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===Asking a non-Observant Jew to do something for you after Shabbat before Havdala=== | ===Asking a non-Observant Jew to do something for you after Shabbat before Havdala=== | ||
# There is a discussion amongst the poskim if one can take a taxi or bus after [[Shabbat]] with a driver who didn't recite [[havdala]]. <ref> | # There is a discussion amongst the poskim if one can take a taxi or bus after [[Shabbat]] with a driver who didn't recite [[havdala]].<ref> | ||
* Rav Yisrael Yaakov Fischer (Even Yisrael 8:25) was lenient. His logic was that the purpose of [[havdala]] is to separate between kodesh and chol, but once a person already did melacha before [[havdala]] it is already chol for him and he is no longer obligated in [[havdala]]. Thus it would be permitted for a person to benefit from his melacha because it is not called chilul [[Shabbat]] anymore. | * Rav Yisrael Yaakov Fischer (Even Yisrael 8:25) was lenient. His logic was that the purpose of [[havdala]] is to separate between kodesh and chol, but once a person already did melacha before [[havdala]] it is already chol for him and he is no longer obligated in [[havdala]]. Thus it would be permitted for a person to benefit from his melacha because it is not called chilul [[Shabbat]] anymore. | ||
* Tzitz Eliezer 12:37 suggests that you greet the driver with a shavua tov and hopefully the driver will respond shavua tov , and thereby fulfill his torah obligation of [[havdala]]. Shemirat | * Tzitz Eliezer 12:37 suggests that you greet the driver with a shavua tov and hopefully the driver will respond shavua tov , and thereby fulfill his torah obligation of [[havdala]]. Shemirat Shabbat Kihilchita 58: note 31 disagreed and says this wouldn’t work and only [[shabbat]] shalom would potentially work to fulfill [[kiddish]] but shavua tov wouldn’t work for [[havdala]]. | ||
* Teshuvot Vihanhagot 1:161 writes that once a Jew has performed melacha he may continue to perform melacha for you even before [[havdala]]. Rav Shternbuch also raises the argument that the only reason melacha is prohibited in the first place is so that you wouldn’t forget to say [[havdala]], which wouldn’t apply to someone who doesn’t plan on saying it anyway. | * Teshuvot Vihanhagot 1:161 writes that once a Jew has performed melacha he may continue to perform melacha for you even before [[havdala]]. Rav Shternbuch also raises the argument that the only reason melacha is prohibited in the first place is so that you wouldn’t forget to say [[havdala]], which wouldn’t apply to someone who doesn’t plan on saying it anyway. | ||
* For clarification see [http://www.bknw.org/uploads/5/9/9/5/5995719/taxis_in_israel_on_motzai_shabbos.pdf Rabbi Aryeh Lebowitz] | * For clarification see [http://www.bknw.org/uploads/5/9/9/5/5995719/taxis_in_israel_on_motzai_shabbos.pdf Rabbi Aryeh Lebowitz] | ||
</ref> | </ref> | ||
===Giving | ===Giving Directions to a Non-observant Jewish Driver=== | ||
# This issue becomes extremely complex because while one does not want to encourage driving on [[Shabbat]], one also does not one to be rude and cause the driver to drive more unnecessarily looking for his destination. In such a situation, it advised to respond "It is [[Shabbat]] and one may not drive on [[Shabbat]]. However, so as to minimize your [[Shabbat]] transgression, the shortest route is as follows..."<ref>39 Melachos (Rabbi Ribiat, v. 1). See, however, Yalkut Yosef.</ref> | # This issue becomes extremely complex because while one does not want to encourage driving on [[Shabbat]], one also does not one to be rude and cause the driver to drive more unnecessarily looking for his destination. In such a situation, it advised to respond "It is [[Shabbat]] and one may not drive on [[Shabbat]]. However, so as to minimize your [[Shabbat]] transgression, the shortest route is as follows..."<ref>39 Melachos (Rabbi Ribiat, v. 1). Dor Hamelaktim v. 2 p. 1450 quotes Rav Shlomo Zalman (Meor Hashabbat v. 1 p. 491) and Rav Elyashiv (Shvut Yitzchak v. 17 p. 73) as holding this opinion. See, however, Yalkut Yosef Shabbat v. 2 p. 180 who disagrees.</ref> | ||
===Standing in Front of a Non-observant Jewish Driver=== | |||
# Many poskim advise not walking in front of a Jewish driver on Shabbat since causing them to slow down or speed up for you is causing them to violate Shabbat on your behalf.<ref>Dor Hamelaktim v. 2 p. 1449 cites Shemirat Shabbat Kehilchata 29:71 and Rivevot Efraim 6:194:2 as strict against Rav Elyashiv (Shvut Yitzchak v. 17 p. 75).</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
