Transactions on Shabbat: Difference between revisions
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# One is allowed to give a gift of food which is going to be used on [[Shabbat]]. <Ref> Shulchan Aruch HaRav 306:15 allows a gift of food which is for the need of [[Shabbat]]. </ref> | # One is allowed to give a gift of food which is going to be used on [[Shabbat]]. <Ref> Shulchan Aruch HaRav 306:15 allows a gift of food which is for the need of [[Shabbat]]. </ref> | ||
# The practice of the Shul administration to give a present to a Bar mitzvah boy on [[Shabbat]] has what to rely on. However it’s better to do a kinyan before [[Shabbat]] by giving it to someone who will pick it up and say “I’m acquiring it for so and so as a gift”. <Ref>Yalkut Yosef 306:26 and Sh”t Yechave Daat 3:21. Magen Avraham 206:15 challenges the practice to give gifts to a groom on [[Shabbat]] but leaves the matter unresolved. Eliyah Raba 306:19 argues that it’s permitted because of Simchat Chatan VeKala and Kavod Torah. The Chatam Sofer agrees. Thus, Yalkut Yosef concludes if the [[Bar Mitzvah]] boy gives a Dvar Torah to the community, the community can give him a gift to encourage him to continue learning. Additionally, they usually give is Sifrei Kodesh which can be read on [[Shabbat]]. Preferably, Sh”t Yehuda Yaleh Asad O”C 83 and Sh”t Seridei Esh 2:26 advise that the recipient should have in mind not to acquire the gift until after [[Shabbat]]. Sh”t Hillel Omer 197, Sh”t Bet Avi O”C 31, Sh”t Kapei Aharon Epstein 59 say the Gabai of the shul can give the gift to someone else before [[Shabbat]] with a kinyan on behalf of the bar mitzvah boy. </ref> | # The practice of the Shul administration to give a present to a Bar mitzvah boy on [[Shabbat]] has what to rely on. However it’s better to do a kinyan before [[Shabbat]] by giving it to someone who will pick it up and say “I’m acquiring it for so and so as a gift”. <Ref>Yalkut Yosef 306:26 and Sh”t Yechave Daat 3:21. Magen Avraham 206:15 challenges the practice to give gifts to a groom on [[Shabbat]] but leaves the matter unresolved. Eliyah Raba 306:19 argues that it’s permitted because of Simchat Chatan VeKala and Kavod Torah. The Chatam Sofer agrees. Thus, Yalkut Yosef concludes if the [[Bar Mitzvah]] boy gives a Dvar Torah to the community, the community can give him a gift to encourage him to continue learning. Additionally, they usually give is Sifrei Kodesh which can be read on [[Shabbat]]. Preferably, Sh”t Yehuda Yaleh Asad O”C 83 and Sh”t Seridei Esh 2:26 advise that the recipient should have in mind not to acquire the gift until after [[Shabbat]]. Sh”t Hillel Omer 197, Sh”t Bet Avi O”C 31, Sh”t Kapei Aharon Epstein 59 say the Gabai of the shul can give the gift to someone else before [[Shabbat]] with a kinyan on behalf of the bar mitzvah boy. </ref> | ||
==Making Ownerless== | |||
# There is a major dispute in the rishonim whether it is permitted to make something ownerless on Shabbat or Yom Tov. Some say that it is forbidden since it is similar to buying and selling,<ref>Ramban Pesachim 4b</ref> while others argue that it isn't similar to buying and selling since it is the removal of ownership.<ref>Meiri (Magen Avot ch. 18)</ref> The bottom line is that most hold that if it is necessary it is permitted to make something ownerless on Shabbat or Yom Tov.<ref>Kaf HaChayim on Shulchan Arukh Orach Chayim 246:47 writes that the Pri Chadash 434 holds like the Ramban that hefker is forbidden on Shabbat, while the Birkei Yosef 246:4 and Teshuva Mahava 238 are lenient.</ref> | |||
==Acquiring Lost or Ownerless Objects== | |||
#It is permitted to acquire something that was previously ownerless on Shabbat as long as it isn't [[muktzeh]].<ref>Aruch Hashulchan 339:22 based on Beitzah 12b and Bava Metsia 9a. Rabbi Akiva Eiger (Magen Avraham 339:6) leaves this question unresolved.</ref> | |||
==Buying Food on Shabbat or Yom Tov== | ==Buying Food on Shabbat or Yom Tov== | ||
# Generally it is forbidden to buy bread that a non-Jew baked on Shabbat or Yom Tov. <ref> | # Generally it is forbidden to buy bread that a non-Jew baked on Shabbat or Yom Tov. <ref> | ||
* Reason to forbid: The Rabbenu Tam | * Reason to forbid: The Rabbenu Tam forbade buying bread from a non-Jew that was baked on Shabbat. A few reasons are presented: 1) Muktzeh: Perhaps the grain was ground up on Yom Tov and the grain was muktzeh beforehand since it wasn’t edible. Even if they were edible they aren’t as edible as the bread is when it is finished, which is nolad. This is the reason of the Tur 325:4, Sefer Hatrumah (no. 247), Bach 325:2. The Sefer Hatrumah (no. 248) compares the muktzeh to dried figs and dates which even Rabbi Shimon agrees to. 2) We’re concerned that the Jew will do a melacha on his own. This is the reason of the Hagahot Ashuri (Beitzah 3:17). Alternatively, we’re concerned that a Jew will ask the non-Jew to bake for him. Even though usually if a non-Jew does melacha for himself or the majority of the town, which if it is non-Jewish, it is permitted to benefit from his work, perhaps food is different. This is the svara of the Sefer Hatrumah and Hagahot Ashri. | ||
* Those who hold it is forbidden: Rabbenu Tam (cited by Rosh Beitzah 3:17), Ri and Ravyah (cited by Hagahot Ashri Beitzah 3:17), and Rashba (responsa 1:709). | * Those who hold it is forbidden: Rabbenu Tam (cited by Rosh Beitzah 3:17), Ri and Ravyah (cited by Hagahot Ashri Beitzah 3:17), and Rashba (responsa 1:709). | ||
* Reason to permit: The Rosh (Beitzah 3:17) argues that really it is permitted to buy bread from a non-Jew that was baked on Yom Tov. In terms of benefitting from the melacha it is only permitted if the non-Jew did the melacha for himself or for a majority of the town which is non-Jewish. In terms of muktzeh, on Shabbat it could be an issue unless it is edible, but on Yom Tov it should be permitted since it is possible to roast the grain and eat it as such. Furthermore, it isn’t muktzeh since it is possible for a person to complete the melacha (similar to Beitzah 27a). | * Reason to permit: The Rosh (Beitzah 3:17) argues that really it is permitted to buy bread from a non-Jew that was baked on Yom Tov. In terms of benefitting from the melacha it is only permitted if the non-Jew did the melacha for himself or for a majority of the town which is non-Jewish. In terms of muktzeh, on Shabbat it could be an issue unless it is edible, but on Yom Tov it should be permitted since it is possible to roast the grain and eat it as such. Furthermore, it isn’t muktzeh since it is possible for a person to complete the melacha (similar to Beitzah 27a). | ||
* Those who hold it is permitted: Rosh Beitzah 3:17, Maggid Mishna (Yom Tov 6:3), Rabbenu Yechiel (cited by Tosfot Avoda Zara 66b s.v. amar), and Rav Yehuda Sirleon (cited by Hagahot Ashuri). | * Those who hold it is permitted: Rosh Beitzah 3:17, Maggid Mishna (Yom Tov 6:3), Rabbenu Yechiel (cited by Tosfot Avoda Zara 66b s.v. amar), and Rav Yehuda Sirleon (cited by Hagahot Ashuri). | ||
* Halacha: Shulchan Aruch 325:4 concludes that on Shabbat one should not buy bread baked on Shabbat by a non-Jew for himself or a majority of the town who is non-Jewish unless there is a need of a mitzvah. The Mishna Brurah 325:19 writes that it is forbidden because the grain was muktzeh, the product is nolad, or there’s a concern that you’ll will ask the non-Jew to bake for him. However, for Yom Tov, the Shulchan Aruch 517:1 writes that it is permitted to buy bread that a non-Jew baked bread on Yom Tov for himself or for the majority of the town which is non-Jewish. The Mishna Brurah 517:4 explains that the issue of muktzeh don’t apply since a Jew could eat the eat roasted or bake the flour. Yet, the Mishna Brurah 517:6 cites the Chaye Adam who is strict unless there is a great need. Ish Matzliach 517:2 writes that Sephardim hold like Shulchan Aruch.</ref> Either way, it is forbidden to pay for the bread on Shabbat or Yom Tov.<ref>Shulchan Aruch 500:1</ref> It is also forbidden to pay in advance of Shabbat or Yom Tov since the non-Jew is baking the bread for you.<ref>Rama 325:4</ref> It would be permitted to give them an item for collateral and then pay after Shabbat or Yom Tov.<ref>Mishna Brurah 517:5</ref> | * Halacha: Shulchan Aruch 325:4 concludes that on Shabbat one should not buy bread baked on Shabbat by a non-Jew for himself or a majority of the town who is non-Jewish unless there is a need of a mitzvah. The Mishna Brurah 325:19 writes that it is forbidden because the grain was muktzeh, the product is nolad, or there’s a concern that you’ll will ask the non-Jew to bake for him. However, for Yom Tov, the Shulchan Aruch 517:1 writes that it is permitted to buy bread that a non-Jew baked bread on Yom Tov for himself or for the majority of the town which is non-Jewish. The Mishna Brurah 517:4 explains that the issue of muktzeh don’t apply since a Jew could eat the eat roasted or bake the flour. Yet, the Mishna Brurah 517:6 cites the Chaye Adam who is strict unless there is a great need. Ish Matzliach 517:2 writes that Sephardim hold like Shulchan Aruch.</ref> Either way, it is forbidden to pay for the bread on Shabbat or Yom Tov.<ref>Shulchan Aruch 500:1</ref> It is also forbidden to pay in advance of Shabbat or Yom Tov since the non-Jew is baking the bread for you.<ref>Rama 325:4</ref> It would be permitted to give them an item for collateral and then pay after Shabbat or Yom Tov.<ref>Mishna Brurah 517:5</ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
