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...
Counting a Minor Towards a Minyan
The Earliest Time for Wearing a Talit With a Beracha
Is the Haftara Recited With Berachot if the Congregation’s Only Sefer Torah is Found to be Pasul?
The Status of a Relative Through Marriage With Respect to Testimony
If a Witness is Related to a Litigant or to Another Witness
Birkat Kohanim – If One Recites the Amida During Birkat Kohanim; The Kohanim’s Prayers Before and After Birkat Kohanim
Reading Tehillim or Other Parts of Tanach at Night
Some Laws of Tzedaka (Charity)
Interlocking the Fingers of the Right Hand with the Fingers of the Left Hand
Removing One’s Shoes Before Going to Sleep
Learning Torah Out Loud
Saying 'Yihee Ratzon ... SheTivne (Build) Bet HaMikdash' At The End Of The Amidah After Taking 3 Steps Back
Is it Forbidden for a Kohen to be in the Same Room as Ashes of a Dead Body?
If Fewer Than Six Men at a Minyan at Minha is Not Fasting on a Fast Day
Sleeping on Clothing Can Adversely Affect One’s Memory
Page of 239
3585 Halachot found