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...
Succot- The Walls of the Sukka
Simhat Torah- Is It Permissible For 2 Kohanim or 2 Leviim To Have A Back To Back Aliyah at the Torah
Succot – If the Top Leaf of the Lulav is Split
Succot – If an Etrog Has a Hole or Mark That Can Only be Seen With a Magnifying Glass
Succot – When Precisely to Recite the Beracha Over the Arba Minim
Sukkot – Placing the Arba Minim in Water on Yom Tob; Carrying the Arba Minim Home From the Synagogue; The Custom to Give the Etrog to a Pregnant Woman
Succot- Waving the Lulab
The Hakafot on Simhat Torah
The Importance of Celebrating and Studying Torah During Hol Ha’mo’ed
Sukkot – Using Wooden Sechach Supported by a Metal Frame
Simhat Torah- Sitting During Hakafot; a Mourner’s Participation in Hakafot
Succot- The Mukse Status of the Sukka Decorations
Succot- Is it Permissible to Smell the Hadasim or the Etrog During Succot?
Succot- The Fundamental Required Intention and Concentration When Fulfilling the Misva of Sukka
Halachot for When the First Day of Sukkot Falls on Shabbat
Page of 239
3585 Halachot found