Giving Gifts to Non-Jews: Difference between revisions

From Halachipedia
No edit summary
Line 12: Line 12:
==Exceptions==
==Exceptions==


#If you may receive something in return from the non-Jew, it is permissible to give gifts.<ref>Taz Y.D. 151:8. Rosh Avoda Zara 1:19 explains that it is not a free gift, but an exchange, similar to a sale.
#If you have a relationship with the non-Jew and may receive something in return, one is permitted to give gifts.<ref>Taz Y.D. 151:8. Rosh Avoda Zara 1:19 explains that it is not a free gift, but an exchange, similar to a sale.</ref>
Ran (Gittin 38b) uses this rationale to explain how Rav Shimon Ben Gamliel freed his slave in order to complete a minyan. Although this was a gift to the slave, it is permissible if the givers benefit.
#It is permitted to give a gift for an ulterior motive.<ref>Ran (Gittin 38b) uses this rationale to explain how Rabbi Eliezer freed his slave in order to complete a minyan. Although this was a gift to the slave, it is permissible if the givers benefit. Shut HaRashbash 468 says it would be prohibited to give a vessel to a non-Jew as a present on Yom Tov if you forgot to do tevilas keilim.</ref>
 
Shut HaRashbash 468 says it would be prohibited to give a vessel to a non-Jew as a present on Yom Tov if you forgot to do tevilas keilim.</ref>
#If you are giving a gift in order to maintain a peaceful environment, it is permissible.<ref>Shulchan Aruch C.M. 249:2</ref> Therefore, one may<ref>Shulchan Aruch Y.D. 151:12</ref>:
#If you are giving a gift in order to maintain a peaceful environment, it is permissible.<ref>Shulchan Aruch C.M. 249:2</ref> Therefore, one may<ref>Shulchan Aruch Y.D. 151:12</ref>:
##Give charity to a non-Jew.
##Give charity to a non-Jew.

Revision as of 00:11, 19 July 2019

Source

  1. One is forbidden to give a free gift to a non-Jew.[1]
    1. Some explain that this by all non-Jews except for a ger toshav.[2]
    2. Others explain that this only applies to idolaters[3]
    3. Others explain that this only applied to the seven nations that inhabited the land of Israel in the days of Yehoshua.[4]
  2. The prohibition is not about the act of giving, but the non-Jew benefiting. Therefore, it only applies if the non-Jew receives the benefit.[5]
  3. One is permitted to accept a gift from a non-Jew.[6]

Exceptions

  1. If you have a relationship with the non-Jew and may receive something in return, one is permitted to give gifts.[7]
  2. It is permitted to give a gift for an ulterior motive.[8]
  3. If you are giving a gift in order to maintain a peaceful environment, it is permissible.[9] Therefore, one may[10]:
    1. Give charity to a non-Jew.
    2. Visit a non-Jew who is ill.
    3. Bury and eulogize non-Jew.
    4. Comfort a non-Jewish mourner.
  4. One may tip a taxi driver, even though you’ll never see him again.[11]
  5. Some allow giving a gift if it is out of compassion for a non-Jew struggling.[12]

Links

  1. Rabbi Aryeh Lebowitz - Lo Sechaneim - Gifts and Compliments to Gentiles
  2. Rabbi Chaim Goldberg - Bein Yisroel L'Nochri Siman 28 page 390

Sources

  1. Avoda Zara 20b quoting Devarim 7:2. Shulchan Aruch Y.D. 151:11 C.M. 249:2
  2. Tosfos Avoda Zara 20a s.v. d'amar. Beis Yosef C.M. 249. Shach Y.D. 151:18. Sma C.M. 249:2 explains that a ger toshav is a person who accepts the sheva mitzvos bnei noach and we are therefore obligated to provide for him if he doesn't have and are allowed to give him gifts. However, one who doesn't abide by the sheva mitzvos can only be sold to
  3. Meiri Avoda Zara 20a, Shut HaRashba 1:8, and Sefer HaChinuch Mitzvah 426
  4. Torah Temimah in Devarim 7:2
  5. Avoda Berura Avoda Zara 20
  6. Yad Rama Bava Batra 6
  7. Taz Y.D. 151:8. Rosh Avoda Zara 1:19 explains that it is not a free gift, but an exchange, similar to a sale.
  8. Ran (Gittin 38b) uses this rationale to explain how Rabbi Eliezer freed his slave in order to complete a minyan. Although this was a gift to the slave, it is permissible if the givers benefit. Shut HaRashbash 468 says it would be prohibited to give a vessel to a non-Jew as a present on Yom Tov if you forgot to do tevilas keilim.
  9. Shulchan Aruch C.M. 249:2
  10. Shulchan Aruch Y.D. 151:12
  11. The Debreciner Rav (Beer Moshe 3:117) explains that if you don’t he (and his friends) will no longer stop and pick up Jews.
  12. Shut Divrei Yatziv 10:43