DailyHalacha.com for Mobile Devices Now Available

Halacha is For The Hatzlacha of
 Gerber & Aharonian Families in Israel
"May Tu B'Shevat be a new start to many nice things. Wishing all of Clal Yisroel security, health and happiness, B'H."

Dedicated By
Jeremy Gerber

Click Here to Sponsor Daily Halacha
      
(File size: 1.04 MB)
Home Construction on Shabbat

The Shulhan Aruch (Siman 244) prohibits hiring a Non-Jew to do work on Shabbat in a public domain, e.g. constructing a house, even if contracted on a per-project basis. The Shulhan Aruch, follows the Rambam, as well as the Ramban and Ritva, that the reason for the prohibition is Marit Ayin, i.e. other Jews may misconstrue the work as being done in a prohibited fashion, e.g. on a daily basis. Accordingly, if there would not be an issue of outside observers, e.g. if the construction was taking place in a Non-Jewish area, where no Jews lived within walking distance on Shabbat, it would be permitted.

According to this logic, in a place where the prevalent custom is to build houses by contract, and therefore, people are not going to suspect that he hired a day worker, there would be no issue of Marit Ayin, and it would be permitted. This is, in fact, the opinion of the Pri Megadim. The Noda B'Yehuda, Rav Yechezkel Landau in his responsa and the Gaon Rabbi Akiva Eiger brings such an argument, as well.

However, on the other side of this coin, we have the opinion of Rabbeinu Nissim, the Ran. The Ran understands the reason for the prohibition to build a house on Shabbat by contract is not because of Marit Ayin-what other people may think. Rather, the concern is that the owner himself is not going to understand the Halachic difference between Kablanut (project contract) and Sechir Yom (day-worker). He is likely to start mistakenly hiring workers on a daily basis. Accordingly, there would be no room for leniency in a place where the prevalent custom is to build through contract.

The Be’ur Halacha (Rav Yisrael Meir Kagan of Radin, 1839-1933) brings both sides but does not want to give a leniency in such a case, because of other Rishonim that agree with the Ran. The Noda B'Yehuda, although leaning to leniency, concluded to permit only on Hol Hamoed and not on Shabbat.

Rav Moshe Feinstein (Russia-New York, 1895-1986) was very against building on Shabbat. He said the Shabbat is already so weak in the eyes of the people. If you start doing things that the people don't understand, like this, it's only going to weaken the Shabbat more.

On the other hand, Rabbi Moshe Halevi (Israel, 1961-2001), in his Menuhat Ahaba, was lenient. Hacham Ovadia understands the side to be lenient. Halacha l'ma'aseh, one must ask a competent authority before he wants to build on Shabbat with a Non-Jew b'kablanut. It is not something you can just say it's mutar.


SUMMARY
Building a house on Shabbat, where the prevalent custom is to contract the entire project, cannot be permitted without consulting a competent rabbinic authority.

 


Recent Daily Halachot...
Reciting "Ha'mapil" and "Hareni Mochel " Before Going to Sleep
How To Properly Bow During Kaddish
Is It Proper To Join The Minyan or Appropriate To Start At The Beginning When Arriving To Shul Late At the Time of Amidah
Some Laws On Kadish
Are Kohanim Required To Wash Again For Musaf After Having Washed Already for Birkat Kohanim in Shacharit
Washing One's Hands Before Kiddush on Shabbat Morning
Washing One's Hands Before Kiddush on Friday Night
Using Beverages Other Than Wine for Kiddush
Using Sweetened Wine for Kiddush
Using Beverages Other than Wine and Grape Juice for Kiddush on Shabbat Morning
The Requirement to Eat After Kiddush
Which Kind of Wine Should One Use for Kiddush?
Passing the Kiddush Cup Around the Table After Kiddush
If Nobody Drank the Required Amount of Kiddush Wine
Drinking From the Kiddush Cup
Page of 239
3585 Halachot found