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...
How A Person or Chazan Can Make Up Missed Minha Of Erev Shabbat
What Is The Rule For Travelers To and From Israel, For Barech Alenu in The Amidah Starts Earlier In Israel Than America
What to Recite in Lieu of Barechu When Praying Privately
Reciting “Lamedeni Hukecha” During the Amida to Avoid a Beracha Le’batala
Keri'at Shema Al Ha'mita
May the Hazan Recite the Repetition of the Amida if Some of the Ten People Had Prayed Earlier?
Until What Point in the Day May One Recite the Berachot of Shema?
Does One Answer “Amen” to a Beracha of Kaddish in the Middle of Pesukeh De’zimra?
The Prohibition Against Interrupting During Pesukeh De’zimra
May One Step Back for “Oseh Shalom” When Somebody is Praying Behind Him?
Reciting Hallel on Rosh Hodesh; Providing Food for Torah Scholars on Rosh Hodesh
Are Women Required to Recite Birkot Ha’shahar?
Answering “Amen” and Other Responses During Pesukeh De’zimra and During Baruch She’amar
Is it Permissible to Pray in Front of a Mirror or a Window?
The Recitation of “Baruch Hashem Le’olam” Before Va’yebarech David
Page of 239
3585 Halachot found