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...
Chanukah- Is It Permissible To Store Menorah Oil Under A Bed or Eat Foods From Under A Bed
Chanukah- Is It Necessary To Have 10 People At The Synagogue To Light The Menorah
Tipping the Scales in Our Favor During Aseret Yemeh Teshuba
If One Forgot to Recite “Ha’melech Ha’mishpat” During the Aseret Yemeh Teshuba
Eating Before a Fast Before Dawn
Customs for Aseret Yemeh Teshuba
Asseret Yemeh Teshuba-Reciting Shir HaMa’alot
Ten Days of Repentance: Additions to the Amida, Abinu Malkenu
Avoiding the Attribute of Judgment During the Aseret Yemeh Teshuba
Substituting "Ha'Kel Ha'kadosh" with "Ha'Melech Ha'kadosh" During the Aseret Yemei Teshuva in The Amida and Me’ein Sheva
If a Hazan Mistakenly Recited “Ha’Kel Ha’kadosh” Instead of “Ha’Melech Ha’kadosh”
Repentance During the Period of Aseret Yemeh Teshuba
At What Age is a Person Subject to the Torah’s Punishments?
Aseret Yemeh Teshuba – Reciting “Ose Ha’shalom” In Place of “Ose Shalom”
Aseret Yime Teshuva- The Statement of ‘Kotvenu Be'sefer Zachuyot’ in the Avinu Malkenu
Page of 239
3585 Halachot found