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...
The Minimum Age Requirement for a Judge
Must One Immerse in a Mikveh Before Praying or Learning After Becoming Tameh?
Living in Eretz Yisrael
Giving Charity "Intelligently"
May One Recite Birkat Ha’ilanot During the Month of Adar?
Avoiding Contact With Members of the Opposite Gender
Verifying a Couple’s Status as Husband and Wife Based on a “Hazaka”
If a Woman is Widowed or Divorced While Pregnant or While Nursing an Infant
Remarrying in a Different County After Divorce or a Wife’s Death
Does the Prohibition Against Marrying an Egyptian, Edomite, Amonite or Moabite Apply Nowadays?
The History of the Prohibition Against Bigamy
If One’s Parents Disapprove of His or Her Choice of a Marriage Partner
How Many Times a Day Must a Person Stand in His Parents’ Honor?
Calling a Sinner for an Aliya to the Torah
The Daily Reading of a Verse Corresponding to One's Name
Page of 239
3585 Halachot found