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. | |||
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# 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> | ||
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# 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]].<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”. | # 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> | # 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> | ||
