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Non-Jews on Shabbat
by Rabbi Daniel Schloss
Laws of when one may benefit from the action of a non-Jew on Shabbat.

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There are specific rules pertaining to whether one may benefit from the result of a Melacha-type action done by a non-Jew on Shabbat (Amira l'Akum).

It is prohibited to explicitly ask a non-Jew to do Melacha on Shabbat for the sake of a Jew. This restriction applies whether the request was made before Shabbat or on Shabbat.

It is permitted to hint to a non-Jew to do Melacha, in the form of a suggestive statement that does not include a request to take action, nor includes mention of the Melacha action. For example it is permitted to say: "There's too much light to sleep in here." But it is prohibited to say: "Can you somehow darken the room," or "I wish someone would turn off the light."

It is also permitted to ask a non-Jew to do Melacha that could be performed not on Shabbat, even if one knows that the non-Jew will perform it on Shabbat -- e.g. bringing something to the dry cleaners on Friday morning for pick-up on Sunday. However, it is prohibited to drop off a package to FedEx on Friday for next-day delivery, since this will definitely be done on Shabbat.

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Benefiting from Shabbat Violation

When someone violates Shabbat (either intentionally or inadvertently), specific rules dictate whether one may benefit from the result of that act (Ma'aseh Shabbat).

1. Action done by a non-Jew

It is prohibited to benefit from any Melacha that a non-Jew performs exclusively for a Jew. This is prohibited as a Gezeira against asking the non-Jew directly the next time, which could lead to Shabbat (Melacha) becoming light in the eyes of the Jew, which could then lead him doing the Melacha himself.

The prohibition against benefiting from such an action remains in affect after Shabbat, until the amount of time has passed that it would take to obtain the same result.

This does not apply in the following cases:

a. The non-Jew is not doing the action for the sake of a Jew, but rather for his own sake. For example, the non-Jew is getting paid to do the work. (Though it is still prohibited to ask him on Shabbat, or even before Shabbat if he will surely perform it on Shabbat.)

When the work is done on the property of a Jew, this is still prohibited because people may not realize that the non-Jew is doing it for himself, but might think that a Jew told him to do it (Marit Ayin). In such a case, even if the non-Jew is the one who wants to work now, the Jew should try to prevent him.

b. One is not really benefiting from the Melacha, either because:

(1) One could have functioned in a similar manner without the benefit of the Melacha. For example, in a room with some existing light, it is permitted to hint to a non-Jew to turn on additional lights. (2) The benefit is passive (rather than active), i.e. the non-Jew took away or lessened something that was unwanted. It is, therefore, permitted to hint to a non-Jew to turn off a light on Shabbat, to enable one to sleep.

(3) The non-Jew could have fulfilled your request without doing Melacha. For example, it is permitted to ask a non-Jew to wash your dishes, even though you know he'll use hot water and a sponge.

c. Shevut d'Shevut b'Makom Mitzvah

It is permitted to ask a non-Jew to do a Rabbinically-prohibited act for the sake of a mitzvah. This leniency also allows one to ask a non-Jew to ask another non-Jew to do a Torah-level Melacha.

d. In the following extenuating circumstances:

(1) For the sake of the health of a person who is ill (even though there is no danger to life).

(2) To prevent people from becoming ill, e.g. putting on the heat in the winter.

(3) To prevent the public from transgressing a prohibition (Michshol d'Rabim). For example, one may tell a non-Jew to repair the Eiruv.

(4) To facilitate a major public mitzvah, e.g. asking a non-Jew to turn on lights before the Yom Kippur Ne'ilah service.

Note: If the act was permitted according to an opinion of the classical halachic decisors (poskim), even though we don't follow that opinion in practice, post-facto (bedi'eved) the result is not prohibited.

Published: Thursday, June 17, 2004

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VISITORS COMMENTS: 1

(1) maureen Adams, 18/2/2007

Shalom Rabbi, I am a black hebrew israelit jew. am living in the Netherlands i really find a lot of comfort on your Aish site, it help me a lot to pick up on many things which i had forgot....i do not attend a synoguge. thank you Rabbi for listening to me ...





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