Transactions on Shabbat: Difference between revisions
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Generally it is forbidden to do any form of business on Shabbat for a number of reasons. Firstly it is considered a violation of dealing with business activities and not Shabbat activities. Secondly there is a prohibition lest one come to write on Shabbat.<ref>Rashi Beitzah 37a s.v. Mishum</ref> Other transactions such as gifts or making something ownerless are similarly connected to this general prohibition, however, they aren't identical as is described below. | |||
==Sales== | ==Sales== | ||
# It is forbidden to buy, sell, give rent, and take rent on [[Shabbat]] applying both to the buyer and seller. <Ref> The Mishna (Beitzah 36b) states that one may perform Kiddushin or designate an item as Hekdesh on [[Shabbat]]. The Gemara (37a) explains that these activities were forbidden because of the prohibition of doing business (Mekach UMemkar) on [[Shabbat]]. Rashi 37a s.v. Mishum offers two reasons to forbid business on [[Shabbat]]. Firstly, it should be prohibited based on “Memsoh Chefsecha VeDaber Davar” in [https://www.sefaria.org/Isaiah.58.13?lang=bi&with=all&lang2=en Yishayahu 58:13], which is understood by chazal to mean that one should refrain from engaging or speaking about weekday activities on [[Shabbat]]. Secondly, doing business on [[Shabbat]] is forbidden as a rabbinic enactment lest one come to write down the details of the transaction. The Ramban (Vayikra 23:24) explains that this rabbinic prohibition of doing business on [[Shabbat]] is essentially based on the biblical mitzvah of “Shabaton” which refers to resting on [[Shabbat]]. </ref> | # It is forbidden to buy, sell, give rent, and take rent on [[Shabbat]] applying both to the buyer and seller.<Ref> The Mishna (Beitzah 36b) states that one may perform Kiddushin or designate an item as Hekdesh on [[Shabbat]]. The Gemara (37a) explains that these activities were forbidden because of the prohibition of doing business (Mekach UMemkar) on [[Shabbat]]. Rashi 37a s.v. Mishum offers two reasons to forbid business on [[Shabbat]]. Firstly, it should be prohibited based on “Memsoh Chefsecha VeDaber Davar” in [https://www.sefaria.org/Isaiah.58.13?lang=bi&with=all&lang2=en Yishayahu 58:13], which is understood by chazal to mean that one should refrain from engaging or speaking about weekday activities on [[Shabbat]]. Secondly, doing business on [[Shabbat]] is forbidden as a rabbinic enactment lest one come to write down the details of the transaction. The Ramban (Vayikra 23:24) explains that this rabbinic prohibition of doing business on [[Shabbat]] is essentially based on the biblical mitzvah of “Shabaton” which refers to resting on [[Shabbat]]. </ref> | ||
# Some say that it is permitted to [[Selling Chametz| sell Chametz]] to a non-Jew before [[Shabbat]] so that the sale is effective on Shabbat as is done when [[Erev Pesach]] falls out on Shabbat.<ref>Har Tzvi 1:127 explains that even though the sale is going to be effective on Shabbat and seems to be a problem according to Rabbi Akiva Eiger responsa 159 it should be permitted since the prohibition of a sale on Shabbat is essentially upon the buyer and not seller. Therefore, since the buyer is a non-Jew it is permitted to sell him the Chametz before Shabbat so that the sale is effective on Shabbat. Also the sale of chametz isn't a sale that will lead to writing since it is entirely to avoid any prohibition and not for business purposes.</ref> | |||
==Gifts== | ==Gifts== | ||
[[File:Buying.png|right]] | [[File:Buying.png|right]] | ||
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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”. | # 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, Sh”t Yechave Daat 3:21, [https://www.torahanytime.com/#/lectures?v=145037 Rav Yitzchak Yosef (Motzei Shabbat Vayikra 5781 min 4)]. 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== | ||
# 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> | # 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 246:47:1 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== | ==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> | #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> | ||
