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 – One Who Cannot Afford Enough Oil for the Hanukah Candles
Hanukah – Eulogies, Fasting and Visiting Cemeteries During Hanukah
The Beracha Recited Before and After One Eats a Jelly Donut; Placing a Jelly Donut on a Hot Plate on Shabbat
Chanukah- Where Should the Menorah in the Synagogue be Positioned
Chanukah- Should One Continue To Light If He Missed Lighting The Night Before
The Custom to Eat Cheese on Hanukah; Reciting a Beracha When Eating Cheese on a Cracker
Chanukah- Guidelines Concerning Situations Where a Congregation Read the Wrong Selection from the Torah During Chanukah
Chanukah- Warming Fried Jelly Doughnuts on Shabbat & A Mourner's Participation in Chanukah Celebrations
Chanukah- In The Event You Forgot Sh’hecheyanu The First Night
Chanukah- Do We Repeat All 3 Berachot When Lighting In The Synagogue On The First Night of Chanukah?
Chanukah- When Is It Permissible To Recite Hallel
Mincha Erev Shabbat When The First Night of Chanukah Occurs on Friday Night
Chanukah- Should One Light When In A Place Full of Goyim Even If His Wife Lights In His Stead At Home
For How Long Must the Chanukah Candles Burn in the Synagogue?
Chanukah- Should One Still Recite She'hecheyanu If Lighting After A Person Lit In His Stead On The First Night
Page of 239
3585 Halachot found