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...
If One is Unsure Whether or Not He Counted the Omer
May One Purchase and Wear New Clothing During the Omer Period?
Sefirat Ha’omer – Training Children in the Misva; The Status of Women Vis-à-vis Counting the Omer
If One Remembers After Sundown That He Had Not Counted the Omer
Sefirat Ha’omer – If the Hazzan Had Missed a Day of Counting
Sefirat Ha’omer – If One Forgot to Count at Night and the Next Day, Until Ben Ha’shemashot
Sefirat Ha’omer – If a Person Missed a Day of Counting
Sefirat HaOmer- Ladies Counting The Omer??
Sefirat Ha'omer – Counting Before the Age of Bar-Misva, and a Boy Who Becomes Bar-Misva during the Omer
The Underlying Reason Behind the Mitzva of Sefirat Ha'omer; the Status of the Mitzva Nowadays
Would it be Permissible to Take a Haircut if the Quarantine Ends During the Omer Period?
Cutting Fingernails, Moving Into a New Home and Hosting a Hanukat Ha’bayit During the Omer
May a Bar Misva Boy and His Father Take a Haircut in Honor of the Occasion During the Omer?
If a Community Rabbi Missed a Day of Sefirat Ha’omer
May a Music Teacher Continue Teaching Music During the Omer Period?
Page of 239
3585 Halachot found