DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 2.43 MB)
Amira L’Akum-Is it Permitted to Instruct a Non-Jew to Turn On the Lights in Shul?

The Gemara in Masechet Shabbat states that it is permissible to instruct a non-Jew to perform a Melacha D’Oraita (an act prohibited by Torah law) on Shabbat for the purpose of performing a Brit Milah or purchasing land in Eres Yisrael. The Halacha allows asking the non-Jew, which is a Rabbinic prohibition, for the sake of accomplishing these two Misvot of the Torah.

Most Rishonim (early authorities) understand that the Misvot of Brit and Eres Yisrael are the only two exceptions, because of their unique status in Halacha. Accomplishing other Torah Misvot would not override the Rabbinic prohibition of Amira L’Akum, instructing a non-Jew to violate Shabbat. However, there is the lone opinion of the Itur (Rabbi Yishak ben Abba Mari, 1122-1193, France) that holds that the two Misvot brought in the Gemara are only examples, and in fact, performance of any Torah Misva justifies instructing a non-Jew to violate any Torah prohibition on Shabbat.

Maran clearly does not rule in accordance with the Itur. He only brings the Misvot of Milah and Eres Yisrael. Even the Rama (276), who does cite the Itur, only does so to justify common practice and restricts relying on him to "Sha’at HaDachak" (extenuating circumstances), such as a wedding.

Therefore, there is clearly no basis to ask a non-Jew to turn on lights in the Bet Knesset, even for the purpose of enabling prayer and Torah study. Unfortunately, this is rampant in many synagogues. People think that whatever a Jew cannot do on Shabbat, the non-Jew can. This is not a way to run a Bet Knesset.

In a "Sha’at HaDachak" (extenuating circumstances) after the fact there are precedents for relying on the Itur. For example, there was a case in Egypt, in which the lights in the Bet Knesset were extinguished on the night of Yom Kippur. As there was absolutely no alternative, and there was no way for the people to pray on that holy night, the Chief Rabbi, Rabbi Refal Ankova, instructed a non-Jew to turn on the lights.

On the other hand, the Hatam Sofer did not permit using a non-Jew in a similar case, in which the lights were extinguished at the end of Yom Kippur. He instructed the Hazan to recite the Tefila of Neilah aloud and let the people fulfil their obligation by listening.

SUMMARY
It is generally prohibited to instruct a non-Jew to turn on the lights on Shabbat, even for the purpose of accomplishing the Misva of Tefila and Torah study.

 


Recent Daily Halachot...
The Beracha When Eating Fish on a Cracker
The Obligation to Eat Bread on Shabbat, and the Guidelines for One Who Forgot to Add “Reseh” in Birkat Hamazon on Shabbat
Mentioning the Altar in the Beracha “Me’en Shalosh”
The Procedure for Netilat Yadayim; If One Forgot to Recite the Beracha Before Drying His Hands
Does One Recite a Beracha When Walking Near a Cemetery?
Which Beracha Does One Recite Before Smelling a Lemon?
Does One Recite a Beracha Over Music?
Does One Recite a Beracha When Smelling Synthetic Perfume?
Ensuring Proper Attire for the Recitation of Birkat Ha’mazon
Must a Guest Recite the Prayer for the Host if He Pays for His Meal?
When Must One Wash Mayim Aharonim, and How Much of the Hand Must be Washed?
Must One Wash His Hands Before Eating Cereal in Milk, or Cake Dipped in Coffee?
Why Does One Recite "She'hakol" Over Beer, Coffee and Tea?
Determining the Minimum Amount of Food Requiring a Beracha Aharona
Must One Repeat the Beracha Recited Over a Food or Beverage if He Changes Locations?
Page of 239
3585 Halachot found