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...
Affixing Mezuzot in a Short-Term Rental
Wearing the Tefillin Shel Rosh Over a Toupee
The Definition of "Left-handed" for Purposes of Tefillin
Tefillin – Looking at the Tefillin Shel Rosh Before Placing It on the Head; When to Remove the Tefillin Shel Rosh From Its Bag; The Earliest Time for Tefillin
If a Person Mistakenly Removed His Tallit From its Bag Before the Tefillin
Does One Wear Tefillin Shel Yad if His Arm is in a Cast?
Must One Wear Specifically a Woolen Tallit Katan?
The Proper Position of a Mezuza on the Doorpost
The Beracha of Yoser Or – Touching the Tefillin, and Punctuating the Phrase, “Be’safa Berura U’bi’n’ima Kedusha”
The Leather Used for the Parchment Inside the Tefillin and the Tefillin Boxes
Elul - Wishing “Le’Shana Toba” in Written Correspondence, Checking Tefillin and Mezuzot
Speaking, Answering “Amen” and Gesturing While Putting On Tefillin
Using a Mirror to Check the Placement of One’s Tefillin
The Importance of the Misva of Tefillin
One Who Mistakenly Recited “Barech Alenu” in the Amida Instead of “Barechenu”
Page of 239
3585 Halachot found