DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 Daphna Meir

Dedicated By
Elke Shayna, Daniel Jacov, and all Jewish brethren

Click Here to Sponsor Daily Halacha
      
(File size: 1.27 MB)
Hiring a Non-Jew to Perform a Task Which Might be Done on Shabbat

The Halacha says that, in principle, it is permissible to hire a Non-Jew for a job, such as weaving, fixing or cleaning, even though he may work on Shabbat. Since he is not being paid to specifically work on Shabbat, but on a per-job basis, any work he does on Shabbat is for himself to finish faster. This arrangement is called Kablanut (contracting).

However, it is only permitted under several conditions.

First, there is no issue of Marit Ayin, in which someone might misconstrue this as a prohibited arrangement. Therefore, it only applies to movable objects which can be worked on in private. Working fields and building houses are governed by a stricter set of rules, since everyone knows whose house is being built. While there are some leniencies in extenuating circumstances, one should be strict in this issue. Also, the work must be done on the Non-Jew’s premises- not on the Jew’s property. Additionally, it must not be obvious that the item belongs to a Jew. For example, some Poskim prohibit giving a talit to a dry cleaner, if he might work on Shabbat, since everybody knows that it’s a Jewish item.

Second, it is prohibited to instruct the Non-Jew to specifically work on Shabbat. For example, a person brought laundry to the cleaners on Friday, saying he wants to pick it up on Sunday. If there was no time for the Non-Jew to do it except on Shabbat, it's like telling him to do it on Shabbat, and would, therefore, be prohibited.

However, a normal case, where the person drops the clothes off at the cleaners on a Wednesday or a Thursday and the Non-Jew tells him that it will be ready next Tuesday, meets all the conditions and is permitted. Since the cleaner has the option of cleaning on any number of days, if he does do it on Shabbat, it was for his own benefit and consideration. Also, there is no concern here regarding Marit Ayin. The suit is a movable item, brought to the non-Jewish premises and is indistinguishable from the suits of the Non-Jews.

Similarly, in a case where one hired a tailor to make a suit, even though he might do the work on Shabbat, it is permissible. It's a movable item, in the Non-Jew’s house, and it is not known to be a Jewish item. Therefore it would be permissible. However, it would be forbidden to tell the tailor to work on Shabbat. It is also prohibited to pay him by the day. If he would work on Shabbat, the Jew would specifically be paying him to work on Shabbat. This would already not be a case of Kablanut.

SUMMARY
It is permissible to engage a Non-Jew for work on a "per-job" basis, provided that there is no concern of Marit Ayin, and the Jew does not require the Non-Jew to perform the work specifically on Shabbat.

 


Recent Daily Halachot...
If the Hazan Forgot to Recite Ya’aleh Ve’yabo During the Repetition of the Amida on Rosh Hodesh
Should Two Kaddishim be Recited if a Shiur is Given Immediately Before Arbit?
Reciting “Yiheyu Le’rason Imreh Fi” at the End of the Amida
The Kaddish Before Baruch She’amar
The Value of Praying “Vatikin” and Studying Torah Before Prayer
The Importance and Significance of Birkat Ha’lebana
The Custom Among Syrian Jews Regarding the Text of “Ve’la’minim” and Other Portions of the Amida
Adding Prayers for Forgiveness and for One’s Livelihood in “Shema Kolenu”
If One Mistakenly Recited “Morid Ha’tal” Instead of “Mashib Ha’ru’ah U’morid Ha’geshem”
Should a Mourner be Called for an Aliya if He is the Only Kohen in Attendance?
May Birkat Kohanim be Recited if a Non-Jew is Present
If a Kohen Was Mistakenly Called for the Second Aliya; Calling Kohanim for Later Aliyot
How Should the Aliyot be Arranged in a Minyan of Only Kohanim, or if There is Only One Yisrael?
Birkat Kohanim – The Hazan’s Announcement of “Kohanim”; If There is One Kohen or No Kohanim Present
Birkat Kohanim in a Place Without a Sefer Torah; One Who Enters the Synagogue During Birkat Kohanim; Reciting Birkat Kohanim Several Times in One Day
Page of 239
3585 Halachot found