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...
Borer: Selecting from a Mixture of Different Types of Fish on Shabbat
Peeling Garlic, Onions, Bananas, Hard Boiled Eggs, Oranges, Grapefruits, Mango, Apples, Cucumbers, Carrots, Chicken with Skin on Shabbat
Borer: Is It Permissible to Select for Other People?
Borer: If One Selected on Shabbat by Mistake
Borer: Selecting When the Undesired Food is Edible
Borer: How to Remove the Waste from a Food?
Borer: Selecting When the Undesired Food is Edible
Borer – Is it Permissible to Remove Bones From Fish on Shabbat?
Selecting and Removing Undesirable Grapes From a Cluster on Shabbat
Borer- Does Retrieving or Selecting Apply To The Majority or Minority of Foods
If Someone Violated the Prohibition of Selecting and Laundering on Shabbat
Is It Permissible To Cover a Pot of Fully Cooked Foods Containing Bones?
If One Mistakenly Covered a Pot of Uncooked Food on the Blech
Stirring & Serving Cooked Food Directly From a Blech on Shabbat
Warming Food on a Blech or Hotplate on Shabbat
Page of 239
3585 Halachot found