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Weekly Halacha

Selected Halachos Related to Parshas Shoftim

By Rabbi Doniel Neustadt

A discussion of Halachic topics related to the Parsha of the week. For final rulings, consult your Rav.


WHAT IS PERMITTED FOR A NON-JEW DO FOR A JEW ON SHABBOS?

The prohibition of amirah l'akum (telling a non-Jew to do a melachah for a Jew on Shabbos) is a Rabbinical ordinance, which has a Biblical source(1). It is, therefore, considered a severe Rabbinic prohibition. We will attempt to establish the parameters of this multi-faceted halachah:

GENERAL RULES

In order to employ a non-Jew to do a melachah on Shabbos, there are two separate restrictions [often confused] that must be borne in mind. Only when neither of the restrictions applies is it permitted for a non-Jew to do work for a Jew on Shabbos. The two restrictions are:

A. To command a non-Jew to do any work that would be prohibited for a Jew to do on Shabbos. The command may not be made either on Shabbos or before Shabbos(2);

B. To benefit directly from work done by a non-Jew for a Jew on Shabbos, even if the non-Jew was not commanded to do the work(3). Our Sages enacted this prohibition so that a person will not be tempted to transgress the prohibition of amirah l'akum and ask a non-Jew to do a melachah for him(4).

Consequently, if a) a non-Jew was not commanded to do the melachah and b) the Jew will not directly benefit from his work, it would be permitted for a Jew to use a non-Jew to work on Shabbos, for in this way, neither prohibition is being transgressed.

HOW DOES ONE AVOID THE FIRST RESTRICTION - COMMANDING THE NON-JEW?

This prohibition can be avoided if the non-Jew understands what he has to do without being explicitly commanded. The Jew may hint to a non-Jew what he wants done, but the hint may not be in the form of a command. For example, it is permissible to tell a non-Jew: "My bedroom lights are on and I will not be able to sleep"; "It is a pity that so much electricity is being wasted;" "The food on the stove is burning(5)" etc.

It is forbidden, however, to add: "Will you please help me out?" since then the hint is accompanied by a form of a command(6). Even if the non-Jew asks:

"Should I turn the light off for you?", it is forbidden to answer: "Yes." Hints in the form of a command are prohibited even if no words are exchanged and one merely gestures or nods(7).

HOW DOES ONE AVOID THE SECOND RESTRICTION - BENEFITTING DIRECTLY FROM A NON-JEW?

As we mentioned before, our Sages prohibited only direct benefit, such as turning on a light or cooking food, etc. Moreover, they prohibited new benefit only, not indirect, or additional benefit. Let us explain those terms:

Indirect benefit is when the benefit is not a direct result of the melachah, but a by-product of it; when the melachah removes an obstacle which then enables one to benefit from something. For example: Putting out a light in a bedroom does not directly enable a person to sleep; it merely removes the light which until now made it difficult for him to fall asleep(8).

Additional benefit is when a benefit was previously available to some extent, but the melachah performed by the non-Jew makes it easier to do that which was possible to do even without the melachah that the non-Jew did. For example: Additional lights are turned on by a non-Jew in a room which is already lit(9).

Note: Although the restriction of benefiting from a non-Jew's melachah is lifted when the action is indirect or additional, it is still forbidden to command him to do the indirect or additional melachah, since the first prohibition still applies.

SOME PRACTICAL APPLICATIONS:

1. A non-Jew, without being told, turns on a light in a dark room for the benefit of a Jew. It is forbidden to read in that room or to derive any other use from the light, since the benefit is new and direct. [There are exceptions to this rule when the situation involves a public mitzvah, an ill person - even if not dangerously ill - and other specific situations. A rav must be consulted.]

2. A non-Jew turns off the light in a bedroom. One is permitted to sleep there since he is benefiting indirectly. It is not permitted, however, to instruct the non-Jew to turn the light off(10).

3. A non-Jew, without being told, turns on a light in a dimly lit room so that the Jew can see better. The Jew may continue using the room for whatever use he was making of it before the non-Jew turned on the light, even though it is now much easier for the Jew to work in the room(11).

4. A room is lit by faint, natural daylight. If a non-Jew turns on an electric light, the Jew may continue using the room as long as there is some degree of daylight. Once it turns dark, however, the non-Jew's melachah is producing new, not additional, benefit. It is, therefore, prohibited to derive any benefit from the light that was turned on.

5. It is prohibited to hint to a non-Jew that it is hot in the room, hoping that he will turn on an air conditioner, since the benefit that the Jew will have from the air conditioner, cool air circulating in the room, is direct and new(12).

Note: The illustrations above are merely samples of the general principles governing amirah l'akum. There are many more details, exceptions and conditions that are involved in the practical halachah, both l'chumrah and l'kulah, which cannot be included here. A rav should be consulted.

FOOTNOTES:

1 Mishnah Berurah 243:7 and Sha'ar ha-Tziyon 7. See also Mor u'Ketziah O.C. 243.

2 O.C. 307:2 and Biur Halachah; Avnei Nezer O.C. 43:6; Aruch ha-Shulchan 307:12.

3 O.C. 276:1.

4 Mishnah Berurah 276:2; 325:28.

5 Mishnah Berurah 307:76; Shemiras Shabbos K'hilchasah 30:7. According to Harav S.Z. Auerbach, however, this is permitted only in a hotel or at the home of the non-Jew - see written responsum published in Me'or ha-Shabbos, vol. 1, pg. 515 and 518.

6 When the command to do work on Shabbos is given before Shabbos, or when a command to do work is given on Shabbos for work to be done after Shabbos, it may be given as a hint in the form of a command - Rama 307:22; Mishnah Berurah 307:10.

7 Chayei Adam 62:2.

8 See Kalkeles Shabbos (Amirah L'akum 5); Mishnah Berurah 307:11; Shemiras Shabbos K'hilchasah 30:5; 30:36; The Sanctity of Shabbos, pg. 11.

9 Mishnah Berurah 306:76.

10 According to some poskim, turning a light off is only an issur d'Rabbanan. Accordingly, in certain situations one may even instruct a non-Jew to turn the lights off - see The Sanctity of Shabbos, pg. 26. See, however, Me'or ha-Shabbos vol. 1, pg. 513, a written responsum from Harav S.Z. Auerbach who is hesitant to allow this.

11 O.C. 276:4.

12 Igros Moshe Y.D. 3:47-2.


Weekly-Halacha, Copyright © 2002 by Rabbi Neustadt, Dr. Jeffrey Gross and Project Genesis, Inc.

Rabbi Neustadt is the principal of Yavne Teachers' College in Cleveland, Ohio. He is also the Magid Shiur of a daily Mishna Berurah class at Congregation Shomre Shabbos.

The Weekly-Halacha Series is distributed L'zchus Hayeled Doniel Meir ben Hinda. Weekly sponsorships are available--please send email to the moderator, Dr. Jeffrey Gross jgross@torah.org.

The series is distributed by the Harbotzas Torah Division of Congregation Shomre Shabbos, 1801 South Taylor Road, Cleveland Heights, Ohio 44118--HaRav Yisroel Grumer, Marah D'Asra


 






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