DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 778 KB)
Instructing a Non-Jew to Perform a Melacha for the Sake of a Fulfilling a Misva After Shabbat

The Halacha allows instructing a non-Jew to do a Melacha D'Rabanan (Shvut D'shvut) for the purpose of a Misva. The question is whether this is permitted even if the Misva will not be accomplished until the next day? For example, if the first night of Pesah falls out on Mosa'eh Shabbat, can you tell the non-Jew on Shabbat to go outside the Tehum (Shabbat Boundary) to get the Massot for Mosa'eh Shabbat?

There is a big debate regarding this. Maran in 307:5 discusses a case where it is permitted to tell a non-Jew to climb a tree on Shabbat to get the Shofar. Telling the non-Jew is a Shvut (Rabbinic prohibition); climbing the tree is a Shvut and the Shofar is a Misva. However, the Shofar Is not a Misva for, because we do not blow the Shofar on Shabbat. The case must be that they need the Shofar for Sunday, and yet Maran says that it is permitted. It seems from here that Shvut D'shvut for a Misva for the next day is permitted. That is the way that some of the Poskim learn Maran. However, other Poskim, like the Tur (R. Ya'akob Ben Asher, Germany-Spain, 1269-1343) leave out the word ‘Shabbat,’ implying that the case is talking about getting the Shofar on the day of Rosh Hashana itself. Therefore, it is Bo Bayom- for that day. It could be that Maran only used the word ‘Shabbat’ because that is the wording of the Rambam, but really, he holds that it is not specifically Shabbat. The Poskim go back and forth, debating why Maran would write ‘Shabbat’ if he did not really mean ‘Shabbat,’ and actually meant on Rosh Hashana.

Practically, Hacham David in his Halacha Berura, (p. 209, Siman 307) writes that one should only ask a non-Jew to do a d'Rabanan for the purpose of a Misva the next day if there is a pressing need, such as the possibility that if he waits until tomorrow, he may not be able to fulfil the Misva.

SUMMARY
One may instruct a non-Jew to perform a Rabbinic prohibition on Shabbat for the sake doing a Misva after Shabbat, if there is a chance that otherwise, he may not be able to perform the Misva at all.

 


Recent Daily Halachot...
May a Visitor from Israel Receive an Aliya on Yom Tob Sheni?
Is it Permissible for One To Prepare Foods On Yom Tov Even If The One Preparing Will Not Eat It
Yom Tov- Is It Permissible To Invite A Mehalel (Transgressor) Shabbat To Your Home for A Seuda On Yom Tov
Yom Tob Candle Lighting
Immersing in a Mikveh on Ereb Yom Tob
Must Women Light Candles After Dark on the Second Night of Yom Tob?
Preparing on Yom Tob for Shabbat With an Erub Tabshilin
Preparing Fruit Juice on Yom Tob
Preparing Dough on Yom Tob
Visitors in Israel on Yom Tob Sheni
Plumbing Repairs on Hol Ha’mo’ed
Repairing Kitchen Appliances During Hol Ha’mo’ed
Construction During Hol Ha’mo’ed
May a Jew Who Visits Israel on Yom Tob Ask an Israeli to Perform Melacha on the Second Day?
Erub Tabshilin – When Can One Rely on the Rabbi’s Erub?
Page of 239
3585 Halachot found