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...
Who Performs the Pidyon Haben for a Firstborn Who Has Already Grown Up?
How Much Must One Give a Kohen for the Misva of Pidyon Haben?
Do Parents Recite a Beracha on the Occasion of the Birth of a Son?
Determining When to Perform a Pidyon Haben
Standing at a Wedding Ceremony, Berit Mila and Pidyon Ha'ben
The Sephardic Customs for Choosing a Name for a Newborn Baby
Which Mitzvah To Perform First When Multiple Mitzvot Are at Hand, including; Should A Pidyon HaBen Be Delayed Until After A Delayed Brit Milah
The Obligations and Exemptions from Eating At A Seuda of A Brit Milah
The Miracle of Birth Praised at a Brit Milah
The Complication Of Scheduling A Brit Milah For A Baby Born Via Cesarean Section Right Before Yom Kippur
Metzitza At The Brit Milah On Shabbat and The Issue of Lash
Should The Parents Name Their Newborn Boy If The Brit Milah Is Delayed Due To Sickness, and Counting 7 Full Days Until The Milah Once A Sick Baby Boy Is Healed
The Issue of Metzitza At A Brit Milah
Laws and Customs of Lag Ba’omer
Lag Ba'omer: Haircuts, Reciting She'hecheyanu, Weddings, and Listening to Music
Page of 239
3585 Halachot found