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Is it permissible to ask a gentile to retrieve something from a car on Shabbat?

Is it permissible to lean or sit on a car on Shabbat? For example, if people are standing around outside talking on Shabbat, may one lean against a car or sit down on the car to make himself comfortable?

Needless to say, this question assumes that there is no alarm system that would be activated by leaning or sitting on the car. Quite obviously, one may not do anything that might set off an alarm on Shabbat. Assuming there is no alarm system, is one allowed to lean against a car or sit on a car on Shabbat?

The Mukse prohibition forbids moving an object that is considered Muske. When one leans or sits on a car, the car is jostled somewhat by the person’s weight. Seemingly, then, sitting on or leaning against a car violates this prohibition, insofar as it causes the car – a Mukse object – to move.

Hacham Ovadia Yosef, however, rules that one may sit or lean on a car on Shabbat, because the Mukse prohibition forbids moving an object from one point to another. When one sits on a car, the car briefly shakes, but it obviously remains stationary; it is not moved to a different spot. Therefore, it is entirely permissible to sit on or lean against a car on Shabbat, provided that this would not activate an alarm.

Is it permissible to open a car door on Shabbat? For example, if a person realized after Shabbat began that he forgot the wine, Halla or other important groceries in the car, may he go into the car to retrieve the items? Or, for example, if it is raining and a person does not have a key to the home, may he sit in the car to shield himself from the rain? For that matter, may a person go into his car to sleep on Shabbat?

Of course, opening a car door generally activates one or more lights inside the car, in which case it would be strictly forbidden to open the door. The question addressed here refers to a case where no light would be turned on when one opens the door, and no alarm would be sounded. The only potential issue, seemingly, is that of Mukse. Does opening the door violate the prohibition of Mukse?

Hacham Ovadia ruled that in principle, it would be permissible to open a car door and go into a car on Shabbat, assuming, as mentioned, that this would not activate lights or an alarm. Since the door is not moved from one point to another, but merely swings around hinges, this does not violate the prohibition of Mukse.

Nevertheless, Hacham Ovadia adds, going into one’s car is forbidden for a different reason, namely, "Mar’it Ayin" – arousing suspicion. People who see an individual going into his car on Shabbat will naturally assume that he enters the car in order to drive, and will thus suspect him of violating Shabbat. It is therefore forbidden to open a car door or enter a car on Shabbat. However, Hacham Ovadia notes, during the period of Ben Ha’shemashot (13.5 minutes after sundown), the prohibition of Mar’it Ayin does not apply, and it would therefore be permissible to enter one’s car during this period. So, if immediately after sundown a person realizes that he left something in his car, he may retrieve the item from the car, provided that no light or alarm would be activated.

If a person wishes to retrieve something from the car after the period of Ben Ha’shemashot, then he may not open the car door, but he may ask a gentile to retrieve the item from the car. This applies even if the gentile will have to turn on the lights and deactivate the alarm. Since the person requested simply that the gentile retrieve something from the car – which is essentially permissible – this request does not violate the prohibition of Amira Le’nochri (asking a gentile to perform forbidden Shabbat activity). Even though the gentile must perform acts that are forbidden on Shabbat to retrieve the item from the car, the Jew may make such a request since he does not directly ask that the gentile perform forbidden activity. This is similar to a case where one forgot to deactivate the refrigerator light before Shabbat. Halacha allows one to ask a gentile to bring him something from the refrigerator, even though the gentile will, by necessity, activate the light during this process. Activating the light constitutes a "Pesik Resheh" – an unintentional result of the action performed. In the case of asking a gentile, Halacha allows situations of "Pesik Resheh." It is therefore permissible to ask a gentile to bring something from the refrigerator even though the light will be turned on as a result. Likewise, a Jew may ask a gentile to bring him something from his car, even though this will inevitably result in the gentile performing activities forbidden for a Jew on Shabbat.

Summary: It is permissible to lean against or sit on a car on Shabbat, unless this will cause an alarm to sound. It is forbidden to open a car door or go into a car on Shabbat, as this gives the impression of violating Shabbat. One may open the car door or enter the car during the period of Ben Ha’shemashot, meaning, during the 13.5 minutes after sundown on Friday, if this would not activate any lights or sound an alarm. It is permissible to ask a gentile to retrieve something from a car anytime on Shabbat, even if the gentile must deactivate the alarm and turn on the car lights.

 


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