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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)
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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 | # 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 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> | # 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> | ||
# Someone who was brought up non-religious and now did teshuva doesn't need to worry about benefitting from everything in his house that he fixed over the years.<ref>Rav Chaim Kanievsky (Derech Sicha v. 2 p. 277), Shevet Halevi 8:62. They explain that if he was a tinok she'nishba (a child brought up among those who don't know about Torah) then he is considered as though he violated Shabbat unintentionally. Even if he isn't a tinok she'nishba, still he might not have been aware of the particular melachot he violated and thought that they were allowed. Also, he can rely on the Gra who paskens like Rabbi Meir.</ref> | # Someone who was brought up non-religious and now did teshuva doesn't need to worry about benefitting from everything in his house that he fixed over the years.<ref>Rav Chaim Kanievsky (Derech Sicha v. 2 p. 277), Shevet Halevi 8:62. They explain that if he was a tinok she'nishba (a child brought up among those who don't know about Torah) then he is considered as though he violated Shabbat unintentionally. Even if he isn't a tinok she'nishba, still he might not have been aware of the particular melachot he violated and thought that they were allowed. Also, he can rely on the Gra who paskens like Rabbi Meir.</ref> | ||
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# If a non-observant Jew violates Shabbat consistently every week there is a large dispute whether others may benefit from the melacha even after Shabbat. For example, if a Jewish restaurant is open every week the food is forbidden for everyone.<ref>Kaf Hachayim on Shulchan Arukh, Orach Chayim 318:12 cites the Ketav Sofer OC 50 who holds that only if someone violates Shabbat once do we say that it is permitted for others, however, if he does it every week then the product is forbidden for everyone even after Shabbat. Yalkut Yosef 318:6 is strict. Har Tzvi OC 180 seems to disagree with the Ketav Sofer.</ref> | # If a non-observant Jew violates Shabbat consistently every week there is a large dispute whether others may benefit from the melacha even after Shabbat. For example, if a Jewish restaurant is open every week the food is forbidden for everyone.<ref>Kaf Hachayim on Shulchan Arukh, Orach Chayim 318:12 cites the Ketav Sofer OC 50 who holds that only if someone violates Shabbat once do we say that it is permitted for others, however, if he does it every week then the product is forbidden for everyone even after Shabbat. Yalkut Yosef 318:6 is strict. Har Tzvi OC 180 seems to disagree with the Ketav Sofer.</ref> | ||
#Some poskim are stricter regarding a non-observant Jew who violates Shabbat every week. They forbid benefitting from his melacha for everyone even after Shabbat. According to that view it is forbidden to buy products from a company that runs on Shabbat. Even though he doesn't know if the product he's buying was made on Shabbat or not, he may not rely on a majority since it is considered ''kavuah''. However, he may buy products in at a store. Once it left the company and entered into new hands he may rely on a majority of the products being produced not on Shabbat during the week.<Ref>[https://beta.hebrewbooks.org/reader/reader.aspx?sfid=51974#p=45&fitMode=fitwidth&hlts=&ocr= Rav Nissim Karelitz (Chut Shani v. 2 p. 41)]</ref> | #Some poskim are stricter regarding a non-observant Jew who violates Shabbat every week. They forbid benefitting from his melacha for everyone even after Shabbat. According to that view it is forbidden to buy products from a company that runs on Shabbat. Even though he doesn't know if the product he's buying was made on Shabbat or not, he may not rely on a majority since it is considered ''kavuah''. However, he may buy products in at a store. Once it left the company and entered into new hands he may rely on a majority of the products being produced not on Shabbat during the week.<Ref>[https://beta.hebrewbooks.org/reader/reader.aspx?sfid=51974#p=45&fitMode=fitwidth&hlts=&ocr= Rav Nissim Karelitz (Chut Shani v. 2 p. 41)]</ref> | ||
#According to the strict view, poskim offer suggestions as to why it is permissible to use the streets or trains in Israel since the streets were paved and train tracks laid even on Shabbat. However, they are strict not to benefit from a private house that was constructed on Shabbat.<ref>[https://beta.hebrewbooks.org/reader/reader.aspx?sfid=51974#p=51&fitMode=fitwidth&hlts=&ocr= Rav Nissim Karelitz (Chut Shani v. 2 p. 47)] suggests that those who built the streets, trains, and bridges on Shabbat don't have the ability to make it forbidden for the masses. The concept he is referring to is ''ein adam dvar sheino shelo'' (Avoda Zara 53b).</ref> | #According to the strict view, poskim offer suggestions as to why it is permissible to use the streets or trains in Israel since the streets were paved and train tracks laid even on Shabbat. However, they are strict not to benefit from a private house that was constructed on Shabbat.<ref>[https://beta.hebrewbooks.org/reader/reader.aspx?sfid=51974#p=51&fitMode=fitwidth&hlts=&ocr= Rav Nissim Karelitz (Chut Shani v. 2 p. 47)] suggests that those who built the streets, trains, and bridges on Shabbat don't have the ability to make it forbidden for the masses. The concept he is referring to is ''ein adam oser dvar sheino shelo'' (Avoda Zara 53b).</ref> | ||
==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}} | ||
