DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.46 MB)
May a Jew Engage a Non-Jew to Invest on his Behalf on Shabbat?

The laws of using non-Jews to work on Shabbat are very complex. They are discussed at length by the Shulhan Aruch in simanim 244, 245, 246, 247 etc. Each case must be analyzed individually; one cannot extrapolate from one case to another.

One of the questions that arises is whether a Jew is permitted to give a non-Jew money before Shabbat to invest on his behalf, in exchange for a fee or percentage. Does the fact that the non-Jew could potentially execute transactions on Shabbat or Yom Tob render such an arrangement forbidden?

The Shulhan Aruch (245:4) rules that it is permitted to do so for several reasons. First, the Jew is not instructing the non-Jew to work specifically on Shabbat. It does not matter to the Jew when he invests, as long as he makes a profit.

Second, since the non-Jew is receiving a fee or percentage, he is considered to be working for himself; it his own interest to accomplish the task.

Third, there is no issue of marit ayin; no outside observer could misconstrue this as an illicit arrangement. Since money, by its nature, is not associated with its source, no one can easily trace the Shabbat transaction back to the Jew. Questions involving a Jewishly owned store or company are more susceptible to this issue.

Fourth, the transactions are happening in the non-Jew’s office. A non-Jew is not permitted to do prohibited work in a Jewish home on Shabbat.

Finally, the arrangement does not entail the Jew working a different day instead of the non-Jew. Therefore, the non-Jew is not considered the agent of the Jew on Shabbat.

Because of all of these reasons, it is permitted to invest money through a non-Jewish bank or stockbroker. It is even permissible to instruct a broker to buy and sell at a certain number, as long as he was not told to specifically do so on Shabbat.

Similarly, Shulhan Aruch (245:5) writes that this principle applies to merchandise as well. A Jew is permitted to give a non-Jew merchandise to sell on his behalf in exchange for a commission, even though the non-Jew will sell on Shabbat. Moreover, Hacham Ovadia (Yehave Da’at, vol. 3) is lenient even in certain cases in which the market is only open on Shabbat, for example, a certain trade show in which the vendors are all there. Even though it is almost certain that the non-Jew will sell there on Shabbat, Hacham Ovadia is lenient especially in a case of hefsed (financial loss). The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) in his sefer Rav Berachot is also lenient in such a case, even though in Sefer Ben Ish Hai parashat Vayishlach he was more machmir (strict).

SUMMARY
It is permissible to give money or merchandise for a non-Jew to invest or sell, even though he may do so on Shabbat or Yom Tob.

 


Recent Daily Halachot...
Purim – If Somebody Will Not Have Access to a Megila on Purim
Purim – If a Person is Able to Read the Megila Only Once on Purim
Purim – The Preference For an Eleven-Line Megilla
Seudat Purim- Proper Time for the Meal, and The Foods of Purim
Purim- Taanit Esther
Purim – The Importance and Obligation of Matanot La’ebyonim
Purim- Skipping “Al Ha’nissim” In Order to Recite “Nakdishach”
The Meaning and Halachot of Ta’anit Ester
Purim- Learning Torah on the Day of Purim and Is It Permissible To Celebrate 2 Mitzvot with One Seuda
Fulfilling Matanot La’ebyonim on Purim by Foregoing on a Loan, Paying a Poor Person’s Debt, or Writing a Check
Purim- Prioritizing Matanot La’ebyonim Over the Other Misvot of Purim
May A Megilat Esther Be Written By A Woman
Singing "Mi Chamocha Ve'en Kamocha" on Shabbat Zachor
Purim- The Laws & Importance of Matanot La'evyonim
Purim: Take Hair Cut on Purim Day & Reading the Megila with Many People
Page of 239
3585 Halachot found