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...
Pouring Into a Sink With a Strainer on Shabbat
Paying a Doctor for Services Rendered on Shabbat; Renting a Hotel Room for Only Shabbat
Is a Wife Bound by Her Husband’s Early Acceptance of Shabbat?
At What Point in the Friday Night Prayer Service Does One Accept Shabbat?
Asking a Gentile to Turn On a Light for a Frightened Child, or To Turn On the Heat or Air Conditioning
Scheduling a Wakeup Call on Shabbat
Opening a Refrigerator Door on Shabbat if the Light Was Not Disengaged
Shabbat Candle Lighting – The Custom to Light Two Candles; Lighting When the Parents are Away for Shabbat
If the Person Who Recited Kiddush is Unable to Drink the Required Amount of Wine
Eating and Drinking Before Kiddush
Until When May a Woman Light Shabbat Candles on Friday Afternoon?
When is the Latest Time for Eating the “Se’uda Rebi’it” Meal on Mosa’eh Shabbat?
Shabbat – Using an Urn with a Water Level Indicator
Shabbat – Wearing a Garment That Causes Static Electricity
Leaving Water on an Open Lame Before Shabbat
Page of 239
3585 Halachot found