DailyHalacha.com for Mobile Devices Now Available

Halacha is For The Hatzlacha of
 Gerber & Aharonian Families in Israel
"May Tu B'Shevat be a new start to many nice things. Wishing all of Clal Yisroel security, health and happiness, B'H."

Dedicated By
Jeremy Gerber

Click Here to Sponsor Daily Halacha
      
(File size: 1.04 MB)
Home Construction on Shabbat

The Shulhan Aruch (Siman 244) prohibits hiring a Non-Jew to do work on Shabbat in a public domain, e.g. constructing a house, even if contracted on a per-project basis. The Shulhan Aruch, follows the Rambam, as well as the Ramban and Ritva, that the reason for the prohibition is Marit Ayin, i.e. other Jews may misconstrue the work as being done in a prohibited fashion, e.g. on a daily basis. Accordingly, if there would not be an issue of outside observers, e.g. if the construction was taking place in a Non-Jewish area, where no Jews lived within walking distance on Shabbat, it would be permitted.

According to this logic, in a place where the prevalent custom is to build houses by contract, and therefore, people are not going to suspect that he hired a day worker, there would be no issue of Marit Ayin, and it would be permitted. This is, in fact, the opinion of the Pri Megadim. The Noda B'Yehuda, Rav Yechezkel Landau in his responsa and the Gaon Rabbi Akiva Eiger brings such an argument, as well.

However, on the other side of this coin, we have the opinion of Rabbeinu Nissim, the Ran. The Ran understands the reason for the prohibition to build a house on Shabbat by contract is not because of Marit Ayin-what other people may think. Rather, the concern is that the owner himself is not going to understand the Halachic difference between Kablanut (project contract) and Sechir Yom (day-worker). He is likely to start mistakenly hiring workers on a daily basis. Accordingly, there would be no room for leniency in a place where the prevalent custom is to build through contract.

The Be’ur Halacha (Rav Yisrael Meir Kagan of Radin, 1839-1933) brings both sides but does not want to give a leniency in such a case, because of other Rishonim that agree with the Ran. The Noda B'Yehuda, although leaning to leniency, concluded to permit only on Hol Hamoed and not on Shabbat.

Rav Moshe Feinstein (Russia-New York, 1895-1986) was very against building on Shabbat. He said the Shabbat is already so weak in the eyes of the people. If you start doing things that the people don't understand, like this, it's only going to weaken the Shabbat more.

On the other hand, Rabbi Moshe Halevi (Israel, 1961-2001), in his Menuhat Ahaba, was lenient. Hacham Ovadia understands the side to be lenient. Halacha l'ma'aseh, one must ask a competent authority before he wants to build on Shabbat with a Non-Jew b'kablanut. It is not something you can just say it's mutar.


SUMMARY
Building a house on Shabbat, where the prevalent custom is to contract the entire project, cannot be permitted without consulting a competent rabbinic authority.

 


Recent Daily Halachot...
Yom Tob Candle Lighting
What To Do If You Miss 'ViTodienu' On Motzae Shabbat That is Yom Tov
May One Cook on Yom Tob Food Which He is Unable to Eat?
Yom Tob Candle Lighting – Should the Beracha be Recited Before or After the Lighting?
Laws of Kiddush and Meals on Yom Tov
Traditional Recitations on Holidays According to the Customs of Halab
Carrying Outdoors on Yom Tob
If a Person Realizes Upon Arriving in the Synagogue That He Had Not Prepared an Erub Tabshilin
Does an Erub Tabshilin Allow Cooking on the First Day of Yom Tob for Shabbat?
Which Foods are Suitable for the Erub Tabshilin?
Must a Guest Prepare an Erub Tabshilin?
What Is The Latest Time On Erev Yom Tov, One Can Make Eruv Tavshilin?
Separating Halla from Dough on Yom Tob
Is it Permissible to Squeeze Fruit on Yom Tob?
The Controversy Surrounding the Recitation of the “Yag Middot” on Yom Tob
Page of 239
3585 Halachot found