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May a non-Jew Carry Items Out of a Jewish Home on Shabbat?

The Halacha permits carrying out transactions with non-Jews on Friday afternoon. One may sell, lend or give an item to a non-Jew until the advent of Shabbat. However, the Shulhan Aruch requires that the non-Jew leave the Jew’s premises with the item before Shabbat. Leaving on Shabbat with an item acquired before Shabbat, presents a problem of Marit Ayin; observers are likely misconstrue the situation and assume that the Jew gave the item to the non-Jew under circumstances that violate Shabbat. For example, they may think the Jew sold it on Shabbat or instructed the non-Jew to carry it out of the Eruv on his behalf. However, if the non-Jew is intimidating and poses a potential threat to the Jew, it is permitted on Shabbat to give him items he purchased beforehand.

The Be’ur Halacha (Rav Yisrael Meir Kagan of Radin, 1839-1933) says that this restriction only applies immediately after candle lighting, when there is sufficient light outside for observers to see the non-Jew leaving. Once complete dark has fallen, the non-Jew may exit with his items, since there is no longer a problem of Marit Ayin. Hacham David says that nowadays, where streetlights illuminated our streets at night, it would also be prohibited during the rest of the night.

The Tashbes (Rav Shimon ben Semach Duran, Algiers, 1361-144) rules that in cases in which it is commonly understood by the public to be normal practice for non-Jews to exit a Jew’s home with items on Shabbat, there is no concern of Marit Ayin. For example, it is permitted for a non-Jewish housekeeper to leave her Jewish employer’s home on Friday night, carrying her personal belongings.

SUMMARY: It is prohibited for a non-Jew to carry items out of a Jew’s home on Shabbat, even if they were acquired by him before Shabbat. In the event of intimidation, or if this is common practice, it is permitted.

 


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