DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 620 KB)
Giving Gifts on Shabbat

Just as the Sages forbade engage in commerce on Shabbat, they similarly enacted a provision forbidding giving gifts, which resembles transactions. Even though no money is paid when a gift is given, it is nevertheless forbidden on Shabbat because it resembles a commercial transaction.

This is an issue that is quite common, such as in the case of a husband who wishes to give his wife a gift for her birthday or Mother’s Day at the Shabbat table, or a Rabbi who wants to present a Bar Mitzvah boy with a gift from the congregation on Shabbat in the synagogue. To circumvent this prohibition, the one giving the gift should give it to somebody else before Shabbat, who has in mind to receive it on the recipient’s behalf. For example, the husband can give the gift to his grown son before Shabbat and ask him to receive it on his mother’s behalf. The Halachic principle of "Zachin Le’adam She’lo Be’fanav" establishes that one can perform a beneficial legal act on behalf of another person even without that person’s knowledge, and thus a person can receive a gift on behalf of another person, and it then becomes that other person’s property already at that point. And since the gift belongs to the wife already before Shabbat, the husband may give her the gift on Shabbat, as he is merely giving her something which is already hers. Similarly, the Rabbi should hand the Bar Mitzvah gift to somebody before Shabbat, instructing him to have in mind to take it on behalf of the Bar Mitzvah boy. If the Rabbi did not have somebody else acquire the gift on the boy’s behalf, then he should, if possible, instruct the boy to have in mind not to legally acquire the gift until after Shabbat.

However, Hacham Ovadia Yosef writes (in the newly-published edition of Hazon Ovadia, vol. 6, p. 14; listen to audio recording for precise citation) that in the case of a Mitzvah there is more room to be lenient in this regard. And therefore, if a Rabbi wishes to give a Torah book to a Bar Mitzvah boy, it would be permissible to simply give the gift on Shabbat. Although it is preferable to use the solutions described above, if this is not possible the boy may be given the gift on Shabbat.

Summary: One may not give a gift on Shabbat, unless before Shabbat he gives it to a third party and has him have in mind to make the acquisition on the recipient’s behalf, or if he tells the recipient to have in mind not to take legal possession until after Shabbat. In the case of a Mitzvah, such as if a Rabbi gives a Torah book to a Bar Mitzvah boy, the gift may be given, though it is preferable to utilize one of the methods described above.

 


Recent Daily Halachot...
The Depth of the High Holiday Liturgy
Rosh Hashana: If One Forgot Ya’aleh V’Yavo in Birkat HaMazon
Using Material From a Non-Kosher Animal for the Shofar
Rosh Hashanah – If One Forgot to Recite Ya’aleh Ve’yabo in Birkat Ha’mazon
Why Rosh Hashanah Can Fall Out on Only Certain Days of the Week
Rosh Hashanah – The Reciting of “Ayeh Mekom Kebodo” in “Keter”
Fasting on Ereb Rosh Hashanah
Rosh Hashanah – Eating Pomegranate
Rosh Hashanah – The Meaning of “U’dbarcha Emet Ve’kayam La’ad”
Rosh Hashana- Men Dipping In Mikveh On Erev Rosh Hashana
Customs Relevant to Food and Drink on Rosh Hashanah
The Reasons for the Misva of Shofar
Rosh Hashanah – The Proper Way to Blow the Shebarim and Shebarim-Teru’a; Kavanot During the Shofar Blowing
Rosh Hashana- Reciting "She'hecheyanu" on Rosh Hashanah
Rosh Hashanah – Changing the Parochet; Customs of the Night of Rosh Hashanah
Page of 239
3585 Halachot found