Benefiting from a Violation of Shabbat: Difference between revisions
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Benefiting from a Violation of Shabbat (view source)
Revision as of 03:57, 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, | ##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 mannger. 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> | ||
