When May I Ask a Non-Jew to Assist Me on Shabbos? | Rabbi Yirmiyohu Kaganoff | Beit Midrash

קטגוריה משנית

771

2 min read

While enslaved in Egypt, the Jews worked every day of the week, and one of the special days celebrated to commemorate our Exodus is Shabbos. Observing Shabbos includes not only keeping the mitzvos ourselves, but also knowing when I may ask a non-Jew to perform prohibited activity, and when I may benefit from work performed by a non-Jew on Shabbos.

Each of the following questions describes a situation that people have asked me:

Question #1: A non-Jew turned on the lights for me on Shabbos. May I use this light to read?

Question #2: It is chilly in our house. May I ask a non-Jewish neighbor to turn up the heat?

Question #3: There is a problem with our electricity -- the lights have gone out, and my son is terrified. May I ask a non-Jewish electrician to repair the power on Shabbos?

Question #4: We left the air conditioning off, and it became very hot on Shabbos. May I ask a non-Jew to turn the air conditioning on?

Question #5: I did not realize that I parked my car in a place where it will be towed away. May I ask a non-Jewish neighbor to move it?

In general, a Jew may not ask a non-Jew to perform activity that a Jew himself may not do. Chazal prohibited this because asking a non-Jew to work on Shabbos diminishes our sensitivity to doing melacha ourselves. Furthermore, the non-Jew functions as my agent, and it is therefore considered as if I did melacha work on Shabbos.

One may not benefit from melacha performed for a Jew by a non-Jew on Shabbos, even if the Jew did not ask him to do the work (Shulchan Aruch Orach Chayim 276:1). Thus, if a non-Jew turned on a light for the Jew’s benefit without being asked, a Jew may not use the light.

This article will discuss when I may benefit from what a non-Jew does a melacha and when may I ask him to do melacha.

BENEFITING FROM NON-JEWISH LABOR

In general, if a non-Jew does melacha work for me on Shabbos, I may not benefit from what he did until enough time has elapsed after Shabbos for the work to have been performed after Shabbos (Beitzah 24b; Shulchan Aruch Orach Chayim 325:6). Thus if a non-Jew baked an apple for me on Shabbos, I may not eat it after Shabbos until the time it takes to bake an apple. This way I receive no benefit from the work he performed on Shabbos and I am not tempted to ask him to do melacha for me at a different time (Rashi and Tosafos, Beitzah 24b).

However, if a non-Jew did work specifically for himself or for another non-Jew, I may benefit from his work even on that Shabbos itself (Mishnah Shabbos 122a). Therefore, if he turned on a light to see where he is going or to be able to read, I may use the light to read. There is an exception to this lenience that I will explain shortly.

The Gemara tells us the following story: The great Amora Shmuel was visiting a man named Avin in the town of Torin, when a non-Jew entered the room and kindled a light. Shmuel assumed that the non-Jew had ignited the light for Shmuel’s benefit, which would make it forbidden to use the light. In order to point out the fact that he was not using the light, Shmuel turned his chair around, with his back to the light, so that it was obvious that he was not using it. Shortly thereafter, the non-Jew returned with a document that he proceeded to read. Shmuel now realized that the non-Jew had kindled the light for himself and that he (Shmuel) was permitted to read by the light (Shabbos 122b).

Sometimes I may not benefit from work performed by a non-Jew even though he performed the work to benefit a non-Jew. This is in a case where there is concern that my benefiting from the activity might encourage the non-Jew to do more work than he needs for himself in order to benefit me. For example, if a non-Jew who knows me heated up a kettle of water because he wants a cup of coffee, I may not use the hot water. The reason is that, at some time in the future, he might decide to add extra water to the kettle that he is heating so that I can benefit (Shabbos 122a).

REMOVING IMPEDIMENTS

If a non-Jew did work that results in removing an impediment that was disturbing a Jew, I need not be concerned about benefiting from the non-Jew’s melacha activity. For example, if he turned off the light so that a Jewish person can sleep, one may go to sleep in that room. This is not considered as receiving benefit from a non-Jew’s Shabbos activity, since extinguishing the light only removed an obstacle and created nothing positive.

PARTIAL BENEFIT

Another instance that is not considered as receiving benefit from melacha activity is when I could already benefit before the non-Jew performed the melacha, and his melacha only makes it easier to do what I wanted. For example, if there is enough light to read, and a non-Jew turns on additional light, I may continue to read even though it is now easier to read. This is not considered as benefiting from the non-Jew’s melacha since I could have read even if he did not do the melacha (Shulchan Aruch Orach Chayim 276:4). Similarly, one may eat a meal by the light that he provides, if one could eat even without the additional light. (Note that one may not ask the non-Jew to turn on the light in any of these instances.)

The poskim dispute whether in the above scenario I may continue reading after the original light burns out. Some contend that once the light has gone out, I may no longer read in the room since I am now benefiting from what the non-Jew kindled on Shabbos (Shulchan Aruch Orach Chayim 276:4; Bach; Magen Avraham). Others contend that since I was permitted to read when the light was kindled, I may continue to read even after the original light extinguished (Taz, Orach Chayim 276:3). Mishnah Berurah concludes that one should follow the first opinion.

I once spent Shabbos in a kosher hotel for a family simcha. I arrived early for davening Shabbos morning, intending to learn beforehand, only to discover that the lights were still out in the shul. I assumed that the lights were set to go on by a Shabbos clock and sat down near a window to learn in the interim. Fifteen minutes before davening started, a non-Jewish employee of the hotel arrived and turned on all the shul lights. This involved two prohibitions: 1. Since the non-Jew was an employee of the Jewish-owned hotel, the hotel should not have arranged for him to do melacha on Shabbos. 2. One may not benefit from the work he did. Thus, it is forbidden to read in the shul if you need the light to read.

However, as long as enough light came in through the windows to read, I could continue to read using the artificial light, since I could in any case read near the window. However, I could not read anywhere else in the shul. Furthermore, once it would get dark outdoors, and I could no longer read by the natural light, most authorities would prohibit reading by the kindled light.

MUST I LEAVE HOME?

According to what we have just explained, it would seem that if a non-Jew turns on the light in a house because he wants to benefit a Jew, one may not benefit from the light -- and would have to leave the house. However, Chazal ruled that one is not required to leave one’s house if one did not want the non-Jew to turn on the light. Although one may not benefit from a non-Jew’s melacha on Shabbos, one is not required to leave one’s house in order to avoid benefiting from melacha done against one’s will (Rama 276:1, quoting Yerushalmi). In all instances like this, one should tell the non-Jew that you do not want him to do the melacha.

WHEN MAY I ASK A NON-JEW TO WORK ON SHABBOS?

Under certain extenuating circumstances, Chazal permitted asking a non-Jew to do melacha that a Jew may not do himself. I will group these situations under the following categories:

I. Situations when I may ask a non-Jew to perform work that would be prohibited min haTorah for a Jew.

II. Situations when I may ask a non-Jew to perform work that is prohibited miderabbanan.

I. There are a few situations where I may ask a non-Jew to perform something that would be a Torah prohibition if I did it myself. I may ask a non-Jew to perform a melacha for someone who is "choleh kol gufo," literally, his entire body is sick. This means that although the person is in no danger, his illness is more than just a minor annoyance but it affects his entire body (Shabbos 129a; Shulchan Aruch 328:17). For example, I may ask a non-Jew to drive this person to a doctor, to pick up a prescription, or to turn a light on or off. This leniency applies to someone whose illness affects his entire body, or who is sick enough to be bedridden. Later in the article, I will discuss the halachos that apply to someone who is not well but who is feeling better than the person just described.

CHILDREN

Since children often get sick and are generally weaker than adults are, halacha considers a child as choleh kol gufo (Rama 276:1) when there is a great need (Mishnah Berurah ad loc.). Therefore, if it is cold indoors, one may ask a non-Jew to turn on the heat for the sake of a child, and then an adult may also benefit from the heat.

Until what age do I consider a child a choleh kol gufo? Many poskim contend that any child under the age of nine is in this category (Shu’t Minchas Yitzchok 1:78), although other poskim are less lenient.

Halacha treats a child who is afraid of the dark as a choleh kol gufo (Ketzos Hashulchan 134:18). Therefore if the light went out and a child is afraid, one may ask a non-Jew to rectify the problem.

We can now answer Question #3 above: "There is a problem with our electricity -- the lights have gone out, and my son is terrified. May I ask a non-Jewish electrician to repair the power on Shabbos?" Under these circumstances, one may do so.

COLD ADULTS

When it is very cold, one may ask a non-Jew to turn on the heat even for adults, even if this involves doing a Torah prohibition. This is because everyone is considered sick when it comes to the cold. When it is chilly but not freezing, the poskim dispute whether I may ask a non-Jew to turn on the heat for the sake of adults when there are no children or ill people around (Shulchan Aruch 276:5 and commentaries).

Thus, we can now answer Question #2: "It is chilly in our house. May I ask a non-Jewish neighbor to turn up the heat?" The answer is that it depends on how cold it is and who is affected by the lack of heat.

WIDESPREAD TRANSGRESSION

Another situation where one may ask a non-Jew to do melacha that is prohibited min haTorah, is when it is necessary to prevent many people from transgressing the Torah. For example, if one discovered that the eruv is down, one may ask a non-Jew to repair it on Shabbos, even though he will have to perform activities that would be prohibited min haTorah (Mishnah Berurah 276:25), such as driving his car, tying a knot, or carrying in a reshus harabim min haTorah.

II. Situations when I may ask a non-Jew to perform work that is prohibited miderabbanan.

SHVUS DE’SHVUS

Under certain other circumstances, Chazal permitted asking a non-Jew to do something that would be prohibited miderabbanan for a Jew. The poskim usually refer to this lenience as shvus de’shvus. In general, this is permitted in any of the following situations:

(A) If a person is slightly ill.

(B) There is a major need.

(C) In order to enable a Jew to fulfill a mitzvah (Shulchan Aruch Orach Chayim 307:5).

I will now explain these three situations:

(A) Earlier, I noted that if someone is ill to the extent that the illness affects his entire body, or if he is sick enough to go to bed, one may ask a non-Jew to do something that would involve a Torah prohibition for a Jew. If the person is less ill, one may ask a non-Jew to do something that involves only a rabbinic prohibition, but not a Torah prohibition.

Included under this category is if the person is suffering from considerable pain (Gra, Orach Chayim 325:10; Aruch Hashulchan 307:18). Thus, someone who caught his finger in a door may ask a non-Jew to bring ice through an area without an eruv, if he has no ice in his house. Similarly if an insect bit him, he may ask a non-Jew to buy medicine to alleviate the pain.

Based on the above heter, may one ask a non-Jew to turn on the air conditioner if it gets very hot? Does this qualify as alleviating a great deal of suffering? And is operating the air conditioning considered a Torah violation or a rabbinic violation, for which we may be lenient because of shvus de’shvus?

This question was the subject of a dispute by the last generation’s poskim. Minchas Yitzchok (3:23) permits asking a non-Jew to turn on the air conditioning, quoting Levush who explains that once people are unaccustomed to the cold, halacha considers them to be ill even if it is not that cold. Therefore, one may ask a non-Jew to kindle a fire for them. However, he then quotes sources that contend that being too hot is not the same as being too cold. He concludes that someone who is accustomed to moderate weather suffers when it is very hot and humid and may therefore ask a non-Jew to turn on the air conditioning because it is shvus de’shvus bimkom tzaar (to alleviate suffering). Similarly, his mechutan, the Chelkas Yaakov (3:139) permitted having a non-Jew turn on the air conditioning because of shvus di’shvus bimakom tzaar.

On the other hand, Rav Moshe prohibited asking a non-Jew to turn on the air conditioner because it is benefiting from work performed by a non-Jew on Shabbos (Shu’t Igros Moshe, Yoreh Deah 3:47:2). Rav Moshe forbids benefiting even if one did not ask the non-Jew to turn on the air conditioning, but merely hinted, such as by telling him, "It is really hot here!" hoping that he catches the hint. Evidently, Rav Moshe did not consider this as a makom tzaar that permits benefiting from a non-Jew’s activity on Shabbos.

Thus, in answer to Question #4 -- "We left the air conditioning off, and it became very hot on Shabbos. May I ask a non-Jew to turn the air conditioning on?" We see that the poskim dispute whether this is permitted or not.

(B) One may ask a non-Jew to perform an issur derabbanan in case of major need. There are three opinions as to how much financial loss this must entail to be considered a major need.

(1) Some rule that one may ask the non-Jew even if there is no financial loss, as long as there is a great need (Shulchan Aruch Orach Chayim 307:5; Graz 307:12). According to these poskim, if one’s clothes became torn or dirty on Shabbos and he is embarrassed to wear them, he may ask a non-Jew to bring him clean clothes through an area not enclosed by an eruv.

(2) Other poskim rule more strictly, contending that one may be lenient only if a major financial loss will result (Magen Avraham 307:7). According to these poskim, if one discovered that the plug of one’s well-stocked freezer is disconnected, one may ask a non-Jew to reconnect it on Shabbos.

(3) A third opinion contends that major financial loss is not sufficient reason to permit shvus de’shvus unless there is some physical discomfort as well (Elyah Rabbah 307:14). We usually follow the second opinion quoted and permit a shvus di’shvus in case of major financial loss. Furthermore, we allow shvus de’shvus even if it is uncertain that a major loss will result, but it is a good possibility (see She’eilas Yaavetz 2:139). As a result, one may ask a non-Jew to plug in the freezer even if one is uncertain whether the food will go bad.

Note that the opinions I quoted above permit asking a non-Jew only to perform a melacha derabbanan to avoid financial loss, but none of them permit asking him to violate a Torah law. Thus, this would answer Question #5 that I mentioned above: "I did not realize that I parked my car in a place where the city will tow it away. May I ask a non-Jewish neighbor to move it?" The answer is that one is not allowed to ask him. However, one may hint to the non-Jew in an indirect way by saying, "My car is parked in a place where it might get towed," as I explained in a previous article on this subject.

(C) I may ask a non-Jew to do something that is only an issur derabbanan in order to enable me to perform a mitzvah. For example, having a guest who is visiting from out of town, or a guest who otherwise would have nowhere to eat, fulfills the mitzvah of hachnasas orchim. (Inviting a neighborhood family over for a Shabbos meal may be a very big chesed for the wife of the guest family, but it does not qualify as the mitzvah of hachnasas orchim [Rama 333:1].) Therefore, if one realizes on Shabbos that one does not have enough chairs for all the guests to sit at the table, he may ask a non-Jew to bring chairs from a neighbor’s house even when there is no eruv. Other poskim are more lenient, permitting asking a non-Jew to bring any food or beverage that enhances Shabbos (Aruch Hashulchan 307:18).

Some authorities permit asking a non-Jew to perform a Torah melacha in order to allow the observance of a mitzvah. This is a minority opinion and should not be followed. However, there was an old custom among European Jewry to permit asking a non-Jew under these circumstances. This custom has halachic sources in the following Rama:

"Some permit telling a non-Jew to kindle lights for the sake of the Shabbos meal, because they contend that in order to fulfill a mitzvah (such as having a nice Shabbos meal) one may ask a non-Jew to perform even a real melacha that would be forbidden for a Jew to do min haTorah. Following this approach, many are accustomed to be lenient and command a non-Jew to kindle lights for the purpose of the Shabbos meal, particularly for wedding and bris meals, and no one rebukes them. However, one should be strict in this matter when there is no extenuating need, since most of the halachic authorities disagree" (Rama 276:2).

In conclusion, we have discovered that in certain extenuating instances, Chazal permitted melacha performed by a non-Jew, but that one should not extend these heterim to other situations. When using a non-Jew to do normally forbidden work, one should focus that one’s intent is not, chas vesholom, to weaken the importance of Shabbos, but, rather, to enhance kavod Shabbos.

This Shiur is published also at Rabbi Kaganof's site