DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 944 KB)
Submitting Items for Servicing by a Non-Jew

The Shulhan Aruch (Siman 252:2) discusses submitting items to a non-Jew for repair or cleaning over Shabbat. In general, such an arrangement is permitted if the following conditions are met:

1. The non-Jewish worker is hired as a "Kablan" (on a per-task basis).
2. The Jew did not specifically instruct the non-Jew to work on Shabbat.
3. The work is not done on the Jew’s premises

However, the Shulhan Aruch (252:3) adds that such an arrangement is only permitted with items that are not recognizable as belonging to a Jew. If the items being serviced are identifiably "Jewish," and the work is being done in a public place, there is a problem of "Marit Ayin." That is, outside observers are likely to misconstrue the arrangement as illicit; for example, they may think that the non-Jew was hired as a "Sechir Yom"-a per-hour employee.

The Poskim raise the question as to what constitutes an "identifiably Jewish" item. Does the item have to be recognized as belonging to a specific Jew, or is it even prohibited if it is an item that only a Jew would own, yet cannot be traced to an individual Jew. For example, a Talit brought to a dry cleaner is definitely owned by a Jew, yet it is not known which Jew. Another example would be a car, bearing Jewish symbols or bumper stickers, at the repair garage. It is recognizably Jewish, but not associated with any one Jew.

The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933, Siman 252:25) addresses this question and cites the Tosefet Shabbat who is lenient and permits "Jewish" items to be worked on, as long as it cannot be identified as belonging to the specific Jewish owner. Although, Rav Haim Palachi was stringent, Hacham Ovadia (Yehaveh Da’at 3:17 and Hazon Ovadia, Hilchot Shabbat p. 162) rules in accordance with these lenient opinions. He also bases himself on the fact that, nowadays, the accepted practice is to engage services, such as repairs and cleaning, on a Kabalan (per task contract) basis. Therefore, there is less likelihood of arousing suspicion.

SUMMARY: It is prohibited to have a non-Jew repair or clean over Shabbat items recognizable as belonging to a specific Jew.

 


Recent Daily Halachot...
Covering the Chicken’s Blood After Kapparot
Yom Kippur – Arbit on Mosa’eh Yom Kippur
Halachot of Habdala When Yom Kippur Falls on Shabbat
Is “Va’ani Tefilati” Recited at Minha When Yom Kippur Falls on Shabbat?
The Unique Opportunity of the Ten Days of Repentance, and the Special Obligation of Repentance on Yom Kippur
Halachot for One Who Needs to Eat on Yom Kippur
Asking One’s Parents for Forgiveness Before Yom Kippur
Yom Kippur – Asking Forgiveness From One’s Fellow by Phone, Fax, E-mail or Texting
Halachot and Customs for Mosa’eh Yom Kippur
The Misva to Eat on Ereb Yom Kippur
Does a Woman Recite “Shehehiyanu” When Lighting Yom Tob Candles?
Yom Kippur: The Prohibition Against Marital Relations, and Avoiding Bodily Emissions
Asking One’s Fellow for Forgiveness Before Yom Kippur
Repentance: The Proper Conduct for a Ba’al Teshuba, and the Special Obligation of Repentance on Yom Kippur
The Highest Level of Teshuba
Page of 239
3585 Halachot found