DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.08 MB)
Amira L'Akum- Instructing a Non-Jew to Perform Less Than the Minimum Measure of a Melacha

The Halacha permits Shvut D'shvut, instructing a non-Jew to perform a Melacha on Shabbat that is only prohibited M'drabanan (from Rabbinic law), for the sake of a Misva, a sick person or to avoid a major financial loss.
Generally, the prohibitions in the Torah have a minimal measure which must be violated in order to be culpable. For example, one is not culpable for eating forbidden foods until he eats a Kesayit-an olive bulk. There is a discussion as to the status of violating "Hasi Shiur"-less than the minimal measure. While all agree that it is prohibited to do so, the question is whether such a violation is prohibited from the Torah or M'drabanan. If it is prohibited from the Torah, the difference between less and more than the minimum is whether the perpetrator is liable to receive Malkot (lashes).

This Rambam, in his introduction to Hilchot Shabbat, states that performing less than the minimal amount of a Melacha on Shabbat is only liable M'drabanan. For example, the minimum amount of writing deemed a Melacha from the Torah is writing two letters. If one wrote only one letter, he is only liable M'drabanan. Hacham Bension brought a proof to this position from the Tossefta.

This principle is relevant to defining a Shvut D'shvut to instruct a non-Jew to perform a Melacha M'drabanan. For example, if someone is sick with a non-life threatening illness and requires a small quantity of medication to be pulverized, it is permitted to tell a non-Jew to pulverize the medicine less than the minimum measurement. Although pulverising is a Melacha D'oraita, pulverising such a small amount is only prohibited M'drabanan, and therefore, this qualifies as a Shvut D'shvut in a case of sickness.

Another example would be telling a non-Jew to sign a pharmacy receipt in order to provide medicine to someone sick with a non-life threatening illness. If he only signs with a one letter initial, it is less than the minimum measure to constitute a Melacha D'oraita. Therefore, it is permitted to tell him to do so.

SUMMARY
Performing less than the prescribed measure of a Melacha on Shabbat is only prohibited M'drabanan. Therefore, it is permitted to instruct a non-Jew to do such an amount for the sake of a Misva, a sick person or to prevent major financial loss.

 


Recent Daily Halachot...
The Halachic Status of Non-Jewish Brandy, and of Wine Containing Other Ingredients
The Status of Wine Touched by a Non-Jewish Child; The Status of Products that May Have Been Mixed with Non-Jewish Wine
Setam Yenam – The Severity of the Prohibition Against Non-Jewish Wine
Setam Yenam – The Prohibition Against Drinking the Wine of Non-Jews
To What Temperature Must Wine be Heated to be Considered “Mebushal”?
The Status of Utensils Used by a Gentile for Cooking
Does the Prohibition of “Bishul Akum” Apply to Tuna Fish?
May One Eat Food Cooked by a Non-Jew if a Jew Kindled the Fire?
Eating Dairy at a Meat Meal Six Hours After Eating Meat; Starting a Dairy Meal Within Six Hours of Eating Meat
What is the Status of Parve Food Cooked in a Meat or Dairy Pot?
Converting Meat Utensils Into Dairy Utensils Through Hag’ala
May One Eat Fish with Milk or Other Dairy Products?
Kashrut of a Giraffe
Selling a Gid Ha'nashe to a Gentile, and Using it to Stitch the Parchment of a Sefer Torah
Washing One's Hands in Between Fish and Meat; Drinking Water Immediately After Eating Fish
Page of 239
3585 Halachot found