If a non-Jewish contractor is hired to build a Jewish-owned apartment complex or condominium, and the non-Jewish laborers continue working on Shabbat, is it permissible for a Jew to purchase an apartment in the complex?
With regard to a private home, the general consensus among the Halachic authorities is that one may not allow construction to take place on Shabbat, even if all the laborers are not Jewish. Despite the fact that this might be permissible according to the strict Halacha, the authorities nevertheless forbade this practice as a safeguard against laxity in Shabbat observance among Jews. In the case of one who purchases an apartment in a complex, however, Rav Shemuel Pinhasi (contemporary scholar in Israel), in his work Ve'daber Davar (8:6), permits the purchase even if the construction will take place on Shabbat. Rav Pinhasi adds, however, that in such a situation one should preferably not inform people that he purchased an apartment in the complex until the project is completed, so as to avoid misunderstandings concerning the restrictions of Shabbat. Furthermore, he writes, the buyer should insert a clause in the sale contract expressly stating that he does not wish for the construction to take place on Shabbat.
Another interesting question arises in the situation of a congregation that hires a non-Jewish contractor to construct a synagogue, and refraining from building on Shabbat will cause a significant delay in the completion of the project. In some cases, a delay could potentially jeopardize the entire endeavor, such as if donors who pledged funding might rescind their pledges in response to the delay. When such a concern arises, is it permissible for the congregation to allow the building to continue on Shabbat?
Rav Pinhasi raises this question and does not issue a ruling; instead, he advises consulting with leading Torah authorities for guidance in such a case. Hacham Ovadia Yosef, in his work Yabia Omer (vol. 8, Orah Haim 28), rules that the building may continue on Shabbat under such circumstances only if it is certain that the project would otherwise not reach completion. Certainly, however, in all such cases one must consult with a competent Halachic authority for guidance.
Summary: Although one should not allow a non-Jewish contractor to build for him on Shabbat, it is permissible to purchase an apartment in a complex even if the construction will continue on Shabbat. In such a case one should not spread the word of the purchase until the construction is completed, and he should stipulate in the contract that he does not wish for the construction to occur on Shabbat. If a congregation hired a non-Jewish contractor to build a synagogue and discontinuing the work for Shabbat may jeopardize the project, a competent Halachic authority should be consulted, as it might be permissible to allow the work to continue on Shabbat, depending on the particular circumstances.
