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Benefiting from a Violation of Shabbat: Difference between revisions
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Benefiting from a Violation of Shabbat (view source)
Revision as of 22:23, 1 January 2024
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##One can benefit from an item that was transported through a public domain in a car or train by a Jew if the melacha was done by mistake.<ref>Orot Hahalacha 42:8, Halacha Brurah (Afiya Ubishul Otzrot Yosef 2)</ref> | ##One can benefit from an item that was transported through a public domain in a car or train by a Jew 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 | # If a Jew turned off the light on Shabbat intentionally it is nonetheless permissible 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 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 drove food to an army base and thereby carried it through a public thoroughfare, some permit benefitting from it on Shabbat since the food is unchanged. Obviously, the army must avoid this since it involves transgression of Shabbat.<ref>Chazon Ovadia v. 4 p. 427 based on the Rabbenu Yonah. He cites Kovetz Teshuvot 2:24:3 and Shevet Halevi 3:35 as supports. See Tzitz Eliezer 13:48:5.</ref> | # If a Jew drove food to an army base and thereby carried it through a public thoroughfare, some permit benefitting from it on Shabbat since the food is unchanged. Obviously, the army must avoid this since it involves transgression of Shabbat.<ref>Chazon Ovadia v. 4 p. 427 based on the Rabbenu Yonah. He cites Kovetz Teshuvot 2:24:3 and Shevet Halevi 3:35 as supports. See Tzitz Eliezer 13:48:5.</ref> | ||
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==Something that is a Dispute== | ==Something that is a Dispute== | ||
# One may benefit from | # One may benefit from the actions of a Jew who does something which is a dispute whether it is permitted on Shabbat.<ref>Mishna Brurah 318:2, Leviat Chen n. 43. Rav Ovadia Yosef in Meor Lyisrael Shabbat 38a asks why we're not strict based on the principle that dvar sheyesh lo matirin is forbidden whenever there is a safek derabbanan. He answers that the Pri Chadash 497:3 writes that we're only strict about a doubt and not if there's dispute in the poskim. Also, he cited the Mordechai beitzah ch. 3 that if there's no chazaka of isur we can be lenient about a doubt. Lastly he cited Zayit Ranan 2:5 who said that there's no dvar sheyesh lo matirin for the penalty of maaseh Shabbat which isn't as serious a regular rabbinic prohibition. Rav Elyashiv (Kovetz Teshuvot 2:24) quotes this Zayit Ranan as well approvingly. Orchot Shabbos v. 3 p. 26 quotes both of Rav Ovadia's answers. Halacha Brurah (318 p. 56) challenges this zayit ranan since it is against the poskim in Rama OC 318:9, YD 102:4, and Mishna Brurah 318:5 who apply dvar sheyesh lo matirin to maaseh Shabbat. He answers that Zayit Ranan could distinguish between a mixture and a safek if the melacha ever happened. </ref> | ||
# If there is a doubt if a forbidden melacha occurred, there is a dispute if he's allowed to benefit from it.<ref>Safek maaseh Shabbos depends on whether maaseh Shabbos is considered a dvar sheyesh lo matirin. Rav Elyashiv (Kovetz Teshuvot 2:24) holds like Zayit Raanan 2:5 who holds that it isn't a dvar sheyesh lo matirin since it is only a penalty and not a formal gezera (decree). However, others disagree with this approach and consider maaseh Shabbos to be like dvar sheyesh lo matirin (see Mishna Brurah 318:5). Orchot Shabbat v. 3 p. 26 quotes two opinions about this question. Chut Shani (Shabbat v. 2 p. 40) is lenient like Rav Elyashiv. </ref> | # If there is a doubt if a forbidden melacha occurred, there is a dispute if he's allowed to benefit from it.<ref>Safek maaseh Shabbos depends on whether maaseh Shabbos is considered a dvar sheyesh lo matirin. Rav Elyashiv (Kovetz Teshuvot 2:24) holds like Zayit Raanan 2:5 who holds that it isn't a dvar sheyesh lo matirin since it is only a penalty and not a formal gezera (decree). However, others disagree with this approach and consider maaseh Shabbos to be like dvar sheyesh lo matirin (see Mishna Brurah 318:5). Orchot Shabbat v. 3 p. 26 quotes two opinions about this question. Chut Shani (Shabbat v. 2 p. 40) is lenient like Rav Elyashiv. </ref> | ||
#If a person mistakenly heated up food on a blech without the conditions of hachzara, such as if they took food from the refrigerator Shabbat morning and put it on the blech, the food is permitted since it is a dispute if that's permitted initially.<ref>Orchot Shabbat v. 3 p. 48 25:52:4, Torat Dovid 3:295</ref> | #If a person mistakenly heated up food on a blech without the conditions of hachzara, such as if they took food from the refrigerator Shabbat morning and put it on the blech, the food is permitted since it is a dispute if that's permitted initially.<ref>Orchot Shabbat v. 3 p. 48 25:52:4, Torat Dovid 3:295</ref> | ||
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#Similarly, a recording that was created by a Jew on Shabbat is forbidden from benefit.<Ref>Az Nidbaru 6:18, Mishneh Halachot 7:55</ref> | #Similarly, a recording that was created by a Jew on Shabbat is forbidden from benefit.<Ref>Az Nidbaru 6:18, Mishneh Halachot 7:55</ref> | ||
==Sources== | ==Sources <!-- Footnote 17: the actual term is Ein Adam *Oseir* Davar Sheino Shelo -->== | ||
<references/> | <references/> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
{{Shabbat Table}} | {{Shabbat Table}} | ||
