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...
Berit Mila – Omitting Vidui from the Prayer Service; The Song “Ata Ahubi”
Lighting Candles at a Berit Mila
Should the Father Wear Tefillin at a Berit Mila?
Is It Permissible To Be A Sandak Twice
Laws and Customs Regarding the Sandak
The Night Before a Berit Mila
The Two Stages of Circumcision at Brit Milah
Some Laws Governing The Timing Of A Bris When Health Issues of The Newborn Boy Are At Hand
Performing a Postponed Brit Milah Close to Shabbat
The Cup of Wine at a Berit Mila
Are Tahanunim Recited at Shaharit if a Berit is Scheduled for Later in the Day?
Being a Sandak at One’s Own Son’s Berit
The Procedure for a Pidyon Haben
The Value of Partaking of a Pidyon Haben Meal
Which Kohanim are Qualified to Accept Pidyon Haben Money?
Page of 239
3585 Halachot found