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...
Using an Outdoor Sink on Shabbat
Adjusting a Highchair, Assembling a Playpen, and Extending a Table on Shabbat
The Reward for Observing and Enjoying Shabbat; Spending Money for the Honor of Shabbat
One Who Speaks Before Drinking From the Kiddush Wine
May One Allow a Non-Jewish Contractor to Build on Shabbat?
Allowing Construction on Shabbat by Non-Jews in Cases of a Jewish-Owned Condominium and a Synagogue
Allowing a Doorman to Open an Electric Door When One Enters a Building on Shabbat
Housekeepers on Shabbat: Allowing Her to Leave With Her Suitcase, to Clear the Table After Se'uda Shelishit, and to Wring Water Out of a Mop
Boat Travel on Shabbat
Are Sunglasses Permitted On Shabbat, and Are Color Changing Sunglasses Prohibited From The Law of Sovea
Wearing or Winding a Wristwatch on Shabbat
May a Woman Eat or Drink on Shabbat Morning Before Hearing or Reciting Kiddush?
Crushing Ice on Shabbat; Walking on Ice or Snow on Shabbat
Defining the Term “Karmelit” With Regard to the Laws of Shabbat
Is it Permissible to Move Candlesticks on Shabbat After the Candles Have Burned Out?
Page of 239
3585 Halachot found