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...
Does One Recite Birkat Ha’gomel While in Transit?
Shemitat Kesafim- Situations Where a Verbal Declaration Suffices in Lieu of a Prozbol (Prozbul)
Shemitat Kesafim- The Procedure for Writing a Prozbul
Shemitat Kesafim: Paying After Shemita for Borrowed Goods
Shemitat Kesafim: Which Debts are Annulled After the Shemita Year?
Shemitat Kesafim: Writing a Prozbol
Shemitat Kesafim: The Reasons Behind the Law Cancelling All Debts at the End of Shemita Year
Blessing One’s Children on Shabbat Eve
Is it Permissible to Listen to a Torah Class in the Bath or Shower?
Swaying While Praying or Studying Torah
Celebrating Rosh Hodesh
Everyone Has His Own Share in Torah
Reciting a Beracha at the Site When One Experienced a Miracle
The Beracha on Seeing the Mediterranean Sea and Atlantic Ocean
The Miraculous Preservation of Our Torah Tradition
Page of 239
3585 Halachot found