DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.22 MB)
Renting Utensils to a Non-Jew before Shabbat

The Shulhan Aruch (siman 246) discusses renting utensils and tools used for melacha to a non-Jew. For example, a non-Jew wants to rent a lawn mower or a car from a Jew over Shabbat. Would such a rental constitute a violation of the Ten Commandments, which expressly prohibit work being performed on Shabbat by servants or animals belonging to a Jew. Even though the utensils are rented to the non-Jew, the Jew retains ownership.

The Halacha permits such a rental, because as the Gemara in Shabbat clearly says, according to the opinion of Beit Hillel "Ain anu metzuvim al shevitat kelim," we are not commanded that our utensils desist from working on Shabbat. The Torah prohibited only a Jew along with his servants, household and animals.

Once it has been established that fundamentally, one can rent his utensils to a non-Jew, the question is when they can be rented. Can the rental begin even on Friday, immediately preceding Shabbat or must the rental begin on Wednesday or Thursday. There is a dispute between the Poskim on this issue. Ashkenazim hold like the opinion of the Ran that the rental must begin before Friday. However, Maran holds like the Rambam and the Rif who say that it is even permissible to rent out utensils on a Friday. Although Maran does bring a "Yesh Omrim" (supplementary citation) like the Ran, nevertheless the Halacha is in accordance with the "Stam" (unattributed) opinion.

After citing the "Yesh Omrim", Maran adds a caveat that the rental can only be "B’Havlaa"-(swallowed). That is, the period of the rental must be longer than just the day of Shabbat; the Shabbat should be incorporated and "swallowed" in a longer term. However, many of the poskim, including the Mateh Yehuda, understand that this caveat is only according to the opinion of the "Yesh Omrim" which prohibits renting on Friday. Maran added this restriction at the end of the ruling to indicate that it is only in accordance with this stricter opinion. According to Maran himself, who permits renting on Friday, it is also permitted to rent exclusively for the day of Shabbat. The basis for both lenient rulings is an understanding that rental is Halachically deemed a temporary transfer of ownership. Therefore, the utensil does not technically belong to the Jew on Shabbat, and there is no problem of profiting from Shabbat.

Hacham David rules in accordance with this understanding that Maran permits both leniencies- to rent on Friday and to rent for Shabbat alone. Of course, if it is easy to make a two day contract, all the better.

SUMMARY
It is permitted to rent to a non-Jew on Friday implements for performing Melacha, even for just the day of Shabbat.

 


Recent Daily Halachot...
How Many Men Who Have Already Prayed May be Counted For a Minyan to Allow the Repetition of the Amida?
Should One Stand When Reciting “Nishmat Kol Hai” on Shabbat Morning?
Praying & Learning While at Work
Who Receives the First Aliya if There is No Kohen in the Synagogue?
May a Kohen Refuse the First Aliya?
Must One Stop His Learning To Help Complete A Minyan
Lending & Borrowing Tefilin
The Procedure for Taking Three Steps Back After the Amida
Torah Reading – If the Oleh Recites the Wrong Beracha
If A Minyan Becomes Less Than 10 During The Reading of Sefer Torah
The Prohibition Against Leaving the Synagogue During the Torah Reading
Reciting Kaddish After the Torah Reading
Which Daily Prayers Must a Woman Recite?
The Value of Praying Where One Learns, and Praying in the Synagogue
Can Someone be Counted Towards a Minyan if He is Sleeping?
Page of 239
3585 Halachot found