Amirah LeNochri: Difference between revisions

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==Commanding or hinting to a non-Jew==
# It’s forbidden to ask a goy to do a melacha (even a derabanan) for you on Shabbat even if you ask before Shabbat and even if you’re only going to use it after Shabbat. <Ref> Rambam Shabbat 6:1. Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# It’s forbidden to ask a goy to do a melacha (even a derabanan) for you on Shabbat even if you ask before Shabbat and even if you’re only going to use it after Shabbat. <Ref> Rambam Shabbat 6:1. Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref>
# Similarly, it’s forbidden to signal to a (trained) animal to a melacha on Shabbat, but it’s permitted to signal before Shabbat for it to do melacha on Shabbat. <Ref> Sh”t Or Letzion O”C 1:23 </ref>
# It’s also forbidden to hint to a goy to do melacha, but one can hint if it’s for a melacha to be done after Shabbat. <Ref> Rama 307:22 says that it’s forbidden to signal and Magan Avraham (in name of Rikanti), Mishna Brurah 307:76 explain that the same applies to hinting. Rama quotes the Or Zaruh who says it’s permitted if it’s for after Shabbat. </ref>
# It’s also forbidden to hint to a goy to do melacha, but one can hint if it’s for a melacha to be done after Shabbat. <Ref> Rama 307:22 says that it’s forbidden to signal and Magan Avraham (in name of Rikanti), Mishna Brurah 307:76 explain that the same applies to hinting. Rama quotes the Or Zaruh who says it’s permitted if it’s for after Shabbat. </ref>
# It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty. <Ref> Mishna Brurah 307:76, Magan Avraham, Knesset Hagedolah in name of the Maharmat. Pri Megadim says it’s not real benefit since one could have read beforehand anyway and the light is just improved. </ref>
# It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty. <Ref> Mishna Brurah 307:76, Magan Avraham, Knesset Hagedolah in name of the Maharmat. Pri Megadim says it’s not real benefit since one could have read beforehand anyway and the light is just improved. </ref>
==Hiring a non-Jew==
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on Shabbat.  This only if the job is private work, but if it’s work that the public will see and recognize that a jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house.  <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on Shabbat and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref>
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on Shabbat.  This only if the job is private work, but if it’s work that the public will see and recognize that a jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house.  <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on Shabbat and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref>
==Leaving work by a non-Jew==
# It’s permissible to give a goy on the weekday clothing to mend, or a car to fix since there was no command to work on Shabbat, it’s in private, not recognizable as a Jew’s, and there’s a fixed wage. However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night so there’s no time for the goy to fix it before or after Shabbat. However if there’s a need Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, Shabbat VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg is strict. </ref>
# It’s permissible to give a goy on the weekday clothing to mend, or a car to fix since there was no command to work on Shabbat, it’s in private, not recognizable as a Jew’s, and there’s a fixed wage. However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night so there’s no time for the goy to fix it before or after Shabbat. However if there’s a need Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, Shabbat VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg is strict. </ref>
==Non-Jew working at a Jewish home==
==Non-Jew working with Jewish owned items==
# One can’t have a goy build on the field or harvest the field of a Jew on Shabbat since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref>
# One can’t have a goy build on the field or harvest the field of a Jew on Shabbat since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref>
==Commanding animals to do work==
# Similarly, it’s forbidden to signal to a (trained) animal to a melacha on Shabbat, but it’s permitted to signal before Shabbat for it to do melacha on Shabbat. <Ref> Sh”t Or Letzion O”C 1:23 </ref>


==References==
==References==
<references/>
<references/>

Revision as of 13:55, 30 March 2011

Commanding or hinting to a non-Jew

  1. It’s forbidden to ask a goy to do a melacha (even a derabanan) for you on Shabbat even if you ask before Shabbat and even if you’re only going to use it after Shabbat. [1]
  2. It’s also forbidden to hint to a goy to do melacha, but one can hint if it’s for a melacha to be done after Shabbat. [2]
  3. It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty. [3]

Hiring a non-Jew

  1. One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on Shabbat. This only if the job is private work, but if it’s work that the public will see and recognize that a jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. [4]

Leaving work by a non-Jew

  1. It’s permissible to give a goy on the weekday clothing to mend, or a car to fix since there was no command to work on Shabbat, it’s in private, not recognizable as a Jew’s, and there’s a fixed wage. However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night so there’s no time for the goy to fix it before or after Shabbat. However if there’s a need Sephardim are lenient and Ashkenazim are strict. [5]

Non-Jew working at a Jewish home

Non-Jew working with Jewish owned items

  1. One can’t have a goy build on the field or harvest the field of a Jew on Shabbat since anything attached to the ground is clear that it belongs to the Jew. [6]

Commanding animals to do work

  1. Similarly, it’s forbidden to signal to a (trained) animal to a melacha on Shabbat, but it’s permitted to signal before Shabbat for it to do melacha on Shabbat. [7]


References

  1. Rambam Shabbat 6:1. Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. Biur Hagra on Rama 244:5 says even for a Melacha Derabanan.
  2. Rama 307:22 says that it’s forbidden to signal and Magan Avraham (in name of Rikanti), Mishna Brurah 307:76 explain that the same applies to hinting. Rama quotes the Or Zaruh who says it’s permitted if it’s for after Shabbat.
  3. Mishna Brurah 307:76, Magan Avraham, Knesset Hagedolah in name of the Maharmat. Pri Megadim says it’s not real benefit since one could have read beforehand anyway and the light is just improved.
  4. S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on Shabbat and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew.
  5. Mekor Chaim 3:35:4, Shabbat VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg is strict.
  6. S”A 244:1, Mishna Brurah 244:5
  7. Sh”t Or Letzion O”C 1:23