DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 Chaya Davida bat Masha
"May it be Hashem's will to send her an immediate refuat hanefesh v'refuat haguf"

Dedicated By
Those she inspires in Sydney

Click Here to Sponsor Daily Halacha
      
(File size: 840 KB)
Opening a Store on Shabbat

The Halacha discusses whether a Jew is permitted to rent a store to a non-Jew, who will operate on Shabbat. If the Jew is merely renting him the physical space, but the merchandise and the name on the store belong to the Non-Jew, it is permitted. The reason is that the Jew does not receive any profit from the store and the rental is on a monthly basis. There is also no issue of Marit Ayin, since the Non-Jew’s name is out front, and everybody knows that it is normal practice to rent stores today.

However, it is prohibited to operate a store on Shabbat by merely hiring a Non-Jewish manager. Since all of the merchandise and revenue belong to the Jewish owner, the Non-Jew is nothing more than the agent of the Jew. It is tantamount to the Jew himself operating his store.

What would be the Halacha if the Jew would give the non-Jewish manager a percentage of the profit? Since he has an incentive to work for himself, he is not considered the agent of the Jew. However, Hacham David Yosef writes in the sefer Amira L’akum (p.21) that this arrangement presents a problem of Mar’it Ayin. Although the formula of percentages is correct, people will see the store open and conclude that the Jew is the operator. They have no way of knowing about the percentage agreement. The only time such an arrangement would be permitted is a neighborhood or city in which there are no Jews within the Techum Shabbat (Boundaries of Shabbat).

SUMMARY
It is permitted to rent a store to a Non-Jew on a monthly basis, provided that the merchandise belongs to the non-Jew and only his name is associated with the store.

It is prohibited to hire a Non-Jew to Manage a Jewishly owned store on Shabbat.

If the Non-Jewish manager receives a percentage of the revenue, it would be permitted for him to operate a Jewish store, only in a locale in which there are no Jews.

 


Recent Daily Halachot...
The Prohibition of Bishul Akum – Eating Foods Prepared by a Gentile
Is It Permissible To Sell UnKosher Food
Dairy Tuna Fish
Is It Permissible To Eat Bread Made By A Non-Jew
The Prohibition of "Bechor Beheima Tehora" – Eating a Firstborn Animal
Is It Permissible To Utilize The Process Of Hagalah To Continuolsy Change Utensils From Meat To Milk To Meat
Sitting with People Eating Dairy Foods, or Preparing Dairy Foods, After One Has Eaten Meat
Is It Permissible To Eat Fish and Meat Together Or Even Have Them On The Same Table
Bloodspots In Eggs
The Many Laws of Eating Milk After Meat
The Many Laws of Eating Meat After Milk
Delivering Kosher Food Through a Non-Jewish Courier
What To Do If An Unkosher Plate Becomes Mixed Up with and Indiscernible Among Kosher Plates
Is It Permissible To Eat Dairy Foods That Were Cooked In A Meat Pot
Feeding Kosher Meat to Animals
Page of 239
3585 Halachot found