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...
Nidda – The Status of Stains Found on Colored Garments
Immersing in a Mikveh With Long Nails and Nail Polish (Part 2)
Immersing in a Mikveh With Long Nails and Nail Polish (Part 1)
If a Woman Did Not Immerse In The Mikveh on the Night After the Seventh Day
May a Woman Immerse in the Mikveh Before Sundown on the Seventh Day?
When May a Woman Begin Counting the Seven “Clean Days”?
If No Wine is Available Under the Hupa; The Recitation of Birkat Erusin
The Custom to Refrain From Eating Meat On the Day of Immersion In A Mikveh
Weddings in Synagogues
Laws and Customs of the Meal at a Wedding
Does the Officiating Rabbi Drink the Wine Under the Hupa?
Who Has the Right to Choose the Officiating Rabbi at a Wedding?
If the Sheba Berachot Were Recited Out of Order
The Great Rewards of Hachnasat Kalla – Helping a Couple Marry and Build a Home
Must the Hatan’s Family Lineage Appear in the Ketuba?
Page of 239
3585 Halachot found