Transactions on Shabbat: Difference between revisions
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* The Mordechai (Betzah 2:676) writes that one should not give a gift on [[Yom Tov]] unless it’s for a mitzvah like a [[lulav]] and [[etrog]]. The Bet Yosef 527 quotes this and explains that it’s forbidden since it’s similar to doing business on [[Shabbat]]. The Chida in Birkei Yosef 306:7 holds it’s forbidden and supports this from the opinion of the Ramban, Rashba, Ritva (Ketubot 7a), and Magen Avraham 306:15. Bet Meir (Even HaEzer 45e) argues that the gemara Beitzah 14b, Rif, Rambam, Tur and S”A imply that it is permitted unless it is similar to kedushin. Sh”t Binyan Shlomo 17 writes that a gift from hand to hand is permitted based on Rashbam (Bava Batra 156b). Sefer HaMakneh (similar to Tosfot [[Shabbat]] 3a) says the prohibition is only on the recipient but it’s not allowed for the giver to cause the recipient to sin. Shemirat Shabbat KeHilchata 29:29 writes that the prohibition applies both to the recipient as well as the giver. Yalkut Yosef concludes, if one received a present on [[Shabbat]] and there’s no Tzorech [[Shabbat]], one should have in mind not to acquire it until after [[Shabbat]]. </ref> | * The Mordechai (Betzah 2:676) writes that one should not give a gift on [[Yom Tov]] unless it’s for a mitzvah like a [[lulav]] and [[etrog]]. The Bet Yosef 527 quotes this and explains that it’s forbidden since it’s similar to doing business on [[Shabbat]]. The Chida in Birkei Yosef 306:7 holds it’s forbidden and supports this from the opinion of the Ramban, Rashba, Ritva (Ketubot 7a), and Magen Avraham 306:15. Bet Meir (Even HaEzer 45e) argues that the gemara Beitzah 14b, Rif, Rambam, Tur and S”A imply that it is permitted unless it is similar to kedushin. Sh”t Binyan Shlomo 17 writes that a gift from hand to hand is permitted based on Rashbam (Bava Batra 156b). Sefer HaMakneh (similar to Tosfot [[Shabbat]] 3a) says the prohibition is only on the recipient but it’s not allowed for the giver to cause the recipient to sin. Shemirat Shabbat KeHilchata 29:29 writes that the prohibition applies both to the recipient as well as the giver. Yalkut Yosef concludes, if one received a present on [[Shabbat]] and there’s no Tzorech [[Shabbat]], one should have in mind not to acquire it until after [[Shabbat]]. </ref> | ||
# It is permitted to give gifts on [[Shabbat]] if the gift is needed for the purposes of [[Shabbat]].<Ref> The Mishna Brurah 306:33 and 323:34 writes that one is allowed to give a gift on [[Shabbat]] if it is needed for [[Shabbat]] purposes (Tzorech [[Shabbat]]). Shemirat Shabbat KeHilchata 29:31 agrees. </ref> | # It is permitted to give gifts on [[Shabbat]] if the gift is needed for the purposes of [[Shabbat]].<Ref> The Mishna Brurah 306:33 and 323:34 writes that one is allowed to give a gift on [[Shabbat]] if it is needed for [[Shabbat]] purposes (Tzorech [[Shabbat]]). Shemirat Shabbat KeHilchata 29:31 agrees. </ref> | ||
# One is allowed to give a gift of food which is going to be used on [[Shabbat]]. | # 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> | ||
# Someone from the diaspora visiting Israel for Yom Tov can give a gift on the [[second day of Yom Tov]] to an Israeli keeping only one day. However, the Jew from the diaspora may not accept a gift from an Israeli on the [[second day of Yom Tov]].<ref>Betzel Hachachma 3:123</ref> | |||
==Making Ownerless== | ==Making Ownerless== | ||
