DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.21 MB)
Asking a Non-Jew on Shabbat: Buying and Selling

Maran (Siman 307:3) rules that it is prohibited to give a non-Jew money before Shabbat with instructions to buy something for the Jew on Shabbat. Hacham David (Halacha Berura p. 165, Vol. II Amira L’Akum) adds that even if the Jew did not give him any money before Shabbat, but told the non-Jew to go specifically on Shabbat and either buy or sell something on his behalf, it is prohibited.

However, the Shulhan Aruch permits telling the non-Jew, "Buy something for yourself on Shabbat, and if I need it, I’ll buy it from you after Shabbat." Since the non-Jew is not formally buying or selling for the Jew, it is permitted, even though the non-Jew understands the Jew intends to buy it from him after Shabbat. The Mishna Berura (R. Yisrael Meir Kagan, Poland 1838-1933) adds that even if the Jew guarantees that he will buy it from the non-Jew after Shabbat. This is permitted as long as the non-Jew uses his own money to purchase it.

In the next Halacha, 307:4, Maran rules that it is permissible to give the non-Jew money on Erev Shabbat to buy or sell on his behalf, so long as he is careful not to tell him to buy the item specifically on Shabbat. Even if he does decide to buy or sell on behalf of the Jew on Shabbat, it is considered his own decision, and he is not acting as the Jew’s agent. However, if Shabbat is the market day, even if the Jew does not specify to buy or sell on Shabbat, it is prohibited, since he could only perform the transaction specifically on Shabbat.

There is one more very important condition to this leniency: The non-Jew must be being paid for his services as a "Kablan," and be given a fixed price for the task.

SUMMARY
It is prohibited to instruct a non-Jew to buy or sell for a Jew on Shabbat. However, he may be told to buy it for himself on Shabbat, and the Jew will buy it afterward. Alternatively, The Jew may instruct him to buy or sell on his behalf, without specifying Shabbat. Even if he did do it on Shabbat, it is permitted, as long as he was paid a fixed price for his services.

 


Recent Daily Halachot...
If One Forgot to Recite Al Ha’nissim in Birkat Ha’mazon on Purim
Purim- Does One Fulfill the Misva of Mishloah Manot by Giving an Anonymous Package?
Purim – Must One Unroll the Megila Before the Reading?
The Special Torah Reading for Shabbat Shekalim
Is Adar Rishon an Auspicious Month Like Adar Sheni?
Purim- Halachot Concerning the Writing of Megilat Ester
Purim – Should Mishlo’ah Manot be Given Personally or Through a Messenger?
Purim – Sending a Beverage as Mishlo’ah Manot
Purim – May Men Dress Up as Women, or Vice Versa, on Purim?
Purim – May One Eat or Drink Before Hearing the Megila?
Working on Purim
Purim- Laws of Fasting: Rinsing One’s Mouth, Brushing One’s Teeth, Chewing Gum, and Swallowing Pills
The Zachor Reading
Purim – One Who Causes Damage as a Result of the Purim Festivities; Weddings on Purim
The Power of Shema and the Purim Story
Page of 239
3585 Halachot found