DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 David Ben Baba Z"L

Dedicated By
Mikael, Marcel & Maurice Kavian

Click Here to Sponsor Daily Halacha
      
(File size: 358 KB)
Asking a Gentile to Write on One’s Behalf on Shabbat

One of the thirty-nine categories of forbidden activity on Shabbat is writing. Rabbi Yishak of Vienna (late 12th-early 13th century), in his work Or Zarua, claimed that the Torah prohibition of writing on Shabbat applies only to writing "Ketab Ashurit," the Hebrew letters as they are formed in a Torah scroll. In his view, writing in other languages, or in Hebrew but in standard form, as opposed to the form used in the Torah scroll, is forbidden on Shabbat only by force of Rabbinic enactment. A number of other authorities held this view, as well.

This ruling is of great importance with regard to the question of asking a non-Jew to write on one’s behalf on Shabbat. A famous Halachic principle permits asking a gentile to perform forbidden activity on one’s behalf on Shabbat in situations of "Shebut De’shbut Be’makom Hefsed." This means that the forbidden act in question is prohibited only by force of Rabbinic enactment, as opposed to Torah law, and that the individual will incur a financial loss if that act is not performed. In light of the Or Zarua’s position, Hacham Ovadia Yosef ruled, in his work Yabia Omer, that one may ask a gentile to write something on Shabbat if this is necessary to prevent a financial loss. Hacham Ovadia maintained that we may rely on the Or Zarua’s classification of standard writing as a Rabbinic prohibition to permit asking a gentile to write something to avoid incurring a loss. One possible example of such a case is where a person must urgently receive a certain delivery and has to fill in a form. If he will incur a financial loss by not filling in the form, he may ask a gentile to fill in the form on his behalf on Shabbat.

Summary: Although generally one may not ask a gentile to write or perform other forbidden activity on Shabbat, one may ask a gentile to write something if this is necessary to avoid a financial loss.


See Menuhat Ahava, Helek 3, Perek 22, Halacha 8.

 


Recent Daily Halachot...
Customs Relevant to Rosh Hodesh
May One Eat Lunch Before Reciting Minha?
Is One Obligated to Pay for Repairs Before Retrieving the Item From the Repairman?
Does a Partial Payment Avoid the Prohibition Against Withholding Wages?
“Bal Talin” – The Prohibition Against Delaying the Payment of Wages
Outbidding A Deal, and Offering A Higher Salary To An Employee From Another Firm
The Obligation to Pay Employees on Time
Dressing Oneself Before Washing His Hands in the Morning; Washing One's Hands if One Awakens Before Hasot
Sleeping with Sisit; Having One’s Tallit Dry Cleaned
Does A Parent Have Rights To The Gifts Given To Thier Minor Children
May One Ride on a Freight Ship Steered by Jews on Shabbat?
Taking a Cruise That Embarks on Thursday or Friday
Must One Repeat Netilat Yadayim During a Meal if He Touches a Sefer Torah, Megilla or Tefillin?
May a Man Shake a Woman's Hand?
Important Dates in the Month of Heshvan
Page of 239
3585 Halachot found