Benefiting from a Violation of Shabbat: Difference between revisions
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Benefiting from a Violation of Shabbat (view source)
Revision as of 18:37, 11 April 2021
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## If a non-observant Jew turned on a light in the room one doesn't have to leave the room but one shouldn't read by that light if one couldn't read beforehand.<ref>Hilchot Sava (Rav Zecharya Ben Shlomo 5748 p. 179)</ref> | ## If a non-observant Jew turned on a light in the room one doesn't have to leave the room but one shouldn't read by that light if one couldn't read beforehand.<ref>Hilchot Sava (Rav Zecharya Ben Shlomo 5748 p. 179)</ref> | ||
## One doesn't have to leave one's house in order not to benefit from a violation of Shabbat.<ref>Igrot Moshe OC 1:123 writes that if a Jew turned on the heat in the apartment building in violation of Shabbat one doesn't have to leave one's apartment. His reasoning is that since benefiting from a violation of Shabbat is only rabbinic and one can't avoid it, it is permitted to benefit from if there's a need that would prevent a person from avoiding it (see Pesachim 26a with Rashi s.v. ein and Tosfot s.v. vtisbara). Hilchot Sava (Rav Zecharya Ben Shlomo 5748 p. 179) agrees.</ref> | ## One doesn't have to leave one's house in order not to benefit from a violation of Shabbat.<ref>Igrot Moshe OC 1:123 writes that if a Jew turned on the heat in the apartment building in violation of Shabbat one doesn't have to leave one's apartment. His reasoning is that since benefiting from a violation of Shabbat is only rabbinic and one can't avoid it, it is permitted to benefit from if there's a need that would prevent a person from avoiding it (see Pesachim 26a with Rashi s.v. ein and Tosfot s.v. vtisbara). Hilchot Sava (Rav Zecharya Ben Shlomo 5748 p. 179) agrees.</ref> | ||
##If it was possible to read and then a Jew turned on the lights so it is easier to read, there is an opinion who permits benefitting from the light, while most poskim forbid it.<ref>Orot Hahalacha 42:11 is lenient. Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:5 is strict. He distinguishes between amirah lnochri and benefitting from a Jew's melacha. Not benefitting from the melacha of a non-Jew is a gezerah that one might ask them to do it for you another time. When it isn't direct benefit it could be permitted. However, benefitting from a Jew's melacha is forbidden as a consequence of the transgression and so it is forbidden to benefit in any | ##If it was possible to read and then a Jew turned on the lights so it is easier to read, there is an opinion who permits benefitting from the light, while most poskim forbid it.<ref>Orot Hahalacha 42:11 is lenient. Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:5 is strict. He distinguishes between amirah lnochri and benefitting from a Jew's melacha. Not benefitting from the melacha of a non-Jew is a gezerah that one might ask them to do it for you another time. When it isn't direct benefit it could be permitted. However, benefitting from a Jew's melacha is forbidden as a consequence of the transgression and so it is forbidden to benefit in any manner. Igrot moshe EH 4:62:3 and Orchot Shabbat v. 3 p. 32 are also strict.</ref> | ||
## If someone mistakenly separated in a forbidden way on Shabbat ([[Borer]]) it is permitted to benefit from it since it could have been done in a permitted fashion.<Ref>Orot Hahalacha 42:12</ref> | ## If someone mistakenly separated in a forbidden way on Shabbat ([[Borer]]) it is permitted to benefit from it since it could have been done in a permitted fashion.<Ref>Orot Hahalacha 42:12</ref> | ||
##An item that was transported through a public domain in a car or train by a Jew one can benefit from it if the melacha was done by mistake.<ref>Orot Hahalacha 42:8, Halacha Brurah (Afiya Ubishul Otzrot Yosef 2)</ref> | ##An item that was transported through a public domain in a car or train by a Jew one can benefit from it if the melacha was done by mistake.<ref>Orot Hahalacha 42:8, Halacha Brurah (Afiya Ubishul Otzrot Yosef 2)</ref> | ||
# One can buy a product of a Jewish company even if it violates Shabbat since the majority of its products are made during the week and if one doesn't know when the products one is buying were made one can rely on majority. Someone who is strict will be blessed.<ref>Yalkut Yosef Haanah Memaaseh Shabbat fnt. 89-91 writes that if the majority of the products of the company are made during the week and one is buying and doesn't know when it was produced one can rely on majority. Even though some say that it isn't considered nullified if at one point a Jew, even a non-frum one, was aware of the difference between the products made on Shabbat and those that weren't (Chazon Ish YD 37:13), Rav Ovadia (Yabia Omer YD 6:24) is lenient.</ref> | # One can buy a product of a Jewish company even if it violates Shabbat since the majority of its products are made during the week and if one doesn't know when the products one is buying were made one can rely on majority. Someone who is strict will be blessed.<ref>Yalkut Yosef Haanah Memaaseh Shabbat fnt. 89-91 writes that if the majority of the products of the company are made during the week and one is buying and doesn't know when it was produced one can rely on majority. Even though some say that it isn't considered nullified if at one point a Jew, even a non-frum one, was aware of the difference between the products made on Shabbat and those that weren't (Chazon Ish YD 37:13), Rav Ovadia (Yabia Omer YD 6:24) is lenient.</ref> | ||
# If a Jew turned off the light on Shabbat intentionally it is nonetheless to sleep in that room since one isn't directly benefitting from the transgression of Shabbat.<ref>Mishneh Halachot 6:78, Yalkut Yosef 318:42 (Shabbat 5753 v. 3 p. 73)</ref> | |||
# If a Jew carried a key through the street to open a house or shul it is forbidden to enter that house or shul on Shabbat unless they lock it again and ask a non-Jew to open it.<ref>Igrot Moshe OC 2:77</ref> | |||
# If a Jew walked through an electric door on Shabbat one may not follow them since it is considered benefitting from a Jew's transgression of Shabbat.<ref>Byom Hashabbat 32:18 based on Rav Elyashiv's ruling that it is forbidden to benefit from the contents of a bottle if it was opened by a Jew in a forbidden way, unless there was a permitted way to access it as well.</ref> | |||
==Something that is a Dispute== | ==Something that is a Dispute== | ||
