DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 944 KB)
Submitting Items for Servicing by a Non-Jew

The Shulhan Aruch (Siman 252:2) discusses submitting items to a non-Jew for repair or cleaning over Shabbat. In general, such an arrangement is permitted if the following conditions are met:

1. The non-Jewish worker is hired as a "Kablan" (on a per-task basis).
2. The Jew did not specifically instruct the non-Jew to work on Shabbat.
3. The work is not done on the Jew’s premises

However, the Shulhan Aruch (252:3) adds that such an arrangement is only permitted with items that are not recognizable as belonging to a Jew. If the items being serviced are identifiably "Jewish," and the work is being done in a public place, there is a problem of "Marit Ayin." That is, outside observers are likely to misconstrue the arrangement as illicit; for example, they may think that the non-Jew was hired as a "Sechir Yom"-a per-hour employee.

The Poskim raise the question as to what constitutes an "identifiably Jewish" item. Does the item have to be recognized as belonging to a specific Jew, or is it even prohibited if it is an item that only a Jew would own, yet cannot be traced to an individual Jew. For example, a Talit brought to a dry cleaner is definitely owned by a Jew, yet it is not known which Jew. Another example would be a car, bearing Jewish symbols or bumper stickers, at the repair garage. It is recognizably Jewish, but not associated with any one Jew.

The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933, Siman 252:25) addresses this question and cites the Tosefet Shabbat who is lenient and permits "Jewish" items to be worked on, as long as it cannot be identified as belonging to the specific Jewish owner. Although, Rav Haim Palachi was stringent, Hacham Ovadia (Yehaveh Da’at 3:17 and Hazon Ovadia, Hilchot Shabbat p. 162) rules in accordance with these lenient opinions. He also bases himself on the fact that, nowadays, the accepted practice is to engage services, such as repairs and cleaning, on a Kabalan (per task contract) basis. Therefore, there is less likelihood of arousing suspicion.

SUMMARY: It is prohibited to have a non-Jew repair or clean over Shabbat items recognizable as belonging to a specific Jew.

 


Recent Daily Halachot...
Torah Reading – If the Reader Shows the Oleh the Wrong Place; Leaning on the Teba
Monday and Thursday as Days of Compassion
Protocol When Entering a Synagogue; Standing at a Berit Mila and Pidyon Ha’ben
Placing the Rimonim on the Torah Scrolls; Removing the Torah From the Ark
Are Magic Shows Permissible?
Can a Torah Scholar be Exempt From the Misva of Procreation?
The Special Importance of Sedaka
Amira L'Akum- Instructing a Non-Jew to Perform Less Than the Minimum Measure of a Melacha
Amira L'Akum: Instructing a Non-Jew to Perform a Forbidden Labor Not Intended for Its Own Sake
Cards and Stickers With the Words “En Od Milebado”
How Many Children Must One Have to Fulfill the Misva of Peru U’rbu?
Beautifying Misvot
Consulting One’s Spouse Before Liquidating Assets
The Misva to Eradicate Amalek, and the Controversy Surrounding Accepting Reparations from Germany
The Status of the Unborn Kohen
Page of 239
3585 Halachot found