DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 618 KB)
Amira L’Akum: May a Jew Benefit When a Non-Jew Activates a Light in a Room with Jews and Non-Jews?

The Shulhan Aruch (276:1) rules that a Jew may benefit from a Melacha performed by a non-Jew only if it was done for the non-Jew’s own benefit. If the non-Jew did it for the Jew, no Jew may benefit from the act. In the following Halacha, Maran deals with a case in which a non-Jew does a Melacha, such as turning on the light, in the presence of a mixed group of Jews and non-Jews. In such a case, how does one determine for whom the non-Jew turned on the light? The Halacha provides a formula, by which, if the majority of those present are non-Jews, then it is assumed his intent was for them, and therefore Jews may benefit from the light. If the majority are Jews, it is assumed the Melacha was done on their behalf. Even if the group was "half-half," the Halacha is stringent and assumes the Melacha was done for the Jews.

This principle applies only to a case where the non-Jew’s intent was unclear. However, in case where his intent was apparent, this formula does not apply. For example, in a case where the majority of those present are Jews, but the non-Jew turns on the light and immediately takes out reading material and begins to read, it is clear that his intent was for himself, and therefore the Jews may benefit from his act.

SUMMARY
If a non-Jew turns on a light in the company of Jews and non-Jews, it is permitted for Jews to benefit from the light only if the majority of those present are non-Jews or the non-Jew clearly did so for his own benefit.

 


Recent Daily Halachot...
Hanukah – Lighting the Candles With Genuine Joy; Lighting With a Wax Candle
Hanukah – Spinning the Dreidel; Giving Gifts to Children and Teachers
The Custom Among Some Syrian Jews to Light an Extra Candle on Hanukah
Hanukah Candles – Arranging the Candles in a Straight Line; the Proper Place for Lighting
Chanukah- Should One Skip Al HaNissim To Catch Up for Nakdishach
Proper Handling of Leftover Oil and Wicks from the Hanukah Lights
Chanukah- Fasting, Eulogies and Mourning on Chanukah
Hanukah – If the Wrong Section From the Torah Was Read on Hanukah
If One Travels on Hanukah to a Place Without a Jewish Community
Hanukah – Must One Light the Candles Again if They are Extinguished After Lighting?
Hanukah – The Use of Floating Wicks
Hanukah – Reciting Hallel in a House of Mourning; Reciting “Mizmor Shir Hanukat Ha’bayit”
Hanukah – Does One Recite Shehehiyanu the First Time He Lights if He Did Not Light on the First Night?
Hanukah – The Halachot of Candle Lighting for Travelers
Hanukah – Is it Preferable to Use New Wicks Each Night, or to Reuse the Wicks From the Previous Night?
Page of 239
3585 Halachot found