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...
“Lehem Mishneh” – The Two Loaves at the Shabbat Meal (Part 1)
“Kiddush Bi’mkom Se’uda” – Rice, Dates and Noodles
Kiddush At a Berit Mila on Shabbat; Hearing Kiddush in One Place and Eating in Another
Tasting the Shabbat Food on Ereb Shabbat
The Requirement to Eat or Drink Wine After Kiddush
Is It Permissible On Shabbat To Allow Security Video Cameras or Walk By A Light Activated By Motion Detector
Involving Oneself in Shabbat Preparations
The Case When Family Members Speak Before Drinkng The Wine After Kiddush Is Heard
Kiddush – If Somebody Forgot to Recite Kiddush on Friday Night; If Somebody Does Not Have Wine or Cannot Drink Wine
Reciting the Weekday Amida on Shabbat if No Siddur is Available
Asking Somebody to Peform Melacha After Accepting Shabbat Early
Eating the Friday Night Shabbat Meal Before Dark
Inviting a Non-Observant Jew to a Simha or to One’s Home on Shabbat
If One Spends Shabbat in a Hotel That Uses Electronic Keys
The Status of Electricity With Regard to Bishul Akum, Cooking on Shabbat, and Shabbat Candles
Page of 239
3585 Halachot found