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...
Hanukah – Lighting the Candles With Genuine Joy; Lighting With a Wax Candle
Hanukah – Spinning the Dreidel; Giving Gifts to Children and Teachers
The Custom Among Some Syrian Jews to Light an Extra Candle on Hanukah
Hanukah Candles – Arranging the Candles in a Straight Line; the Proper Place for Lighting
Chanukah- Should One Skip Al HaNissim To Catch Up for Nakdishach
Proper Handling of Leftover Oil and Wicks from the Hanukah Lights
Chanukah- Fasting, Eulogies and Mourning on Chanukah
Hanukah – If the Wrong Section From the Torah Was Read on Hanukah
If One Travels on Hanukah to a Place Without a Jewish Community
Hanukah – Must One Light the Candles Again if They are Extinguished After Lighting?
Hanukah – The Use of Floating Wicks
Hanukah – Reciting Hallel in a House of Mourning; Reciting “Mizmor Shir Hanukat Ha’bayit”
Hanukah – Does One Recite Shehehiyanu the First Time He Lights if He Did Not Light on the First Night?
Hanukah – The Halachot of Candle Lighting for Travelers
Hanukah – Is it Preferable to Use New Wicks Each Night, or to Reuse the Wicks From the Previous Night?
Page of 239
3585 Halachot found