Halacha for Thursday 15 Tammuz 5782 July 14 2022

Instructing a Non-Jew Before Shabbat, Hinting to a Non-Jew, and the Three Weeks

Question: Is one permitted to instruct a non-Jew on Friday to perform a forbidden work for him on Shabbat?

Answer: We have learned that it is forbidden to instruct a non-Jew to perform work on Shabbat. For instance, one may not instruct a non-Jew to turn on the light on Shabbat, besides for specific situations which we shall not discuss at the moment.

Instructing a Non-Jew Before Shabbat
The Rambam (Chapter 6 of Hilchot Shabbat) writes that just as it is forbidden to instruct a non-Jew to do work on Shabbat, it is likewise forbidden to instruct a non-Jew before Shabbat to do work on Shabbat. The Rambam explains that this is a rabbinic decree so that one does not treat Shabbat lightly and eventually come to desecrate Shabbat by oneself.

Rabbeinu Meir of Rotenberg (in his responsa, Chapter 202) writes: “There are those who believe that the prohibition of instructing a non-Jew applies only on Shabbat but if it is done before Shabbat that it is permissible. This is a mistake, for the Gemara (Avodah Zarah 17b) states clearly that even instructing them before Shabbat is forbidden.” The Halachot Gedolot, Rav Saadia Gaon, and Maran Ha’Shulchan Aruch (Chapter 307) rule likewise.

Hiring Workers on Shabbat
It is therefore forbidden to instruct a non-Jew before Shabbat to hire workers on Shabbat although one only needs them on Motza’ei Shabbat, for hiring workers itself is a rabbinic prohibition. Since hiring workers is forbidden on Shabbat, it is likewise forbidden to instruct a non-Jew to do so on one’s behalf on Shabbat, even when the instruction is given before Shabbat (see Shulchan Aruch, Chapter 307, Section 2).

It is certainly forbidden to instruct a non-Jew before Shabbat to turn on the lights in a house or synagogue on Shabbat, for turning on lights may result in a Torah prohibition. It is therefore certainly forbidden to ask a non-Jew to do so on Shabbat (see Responsa Rav Pe’alim, Volume 2, Chapter 43).

Asking a Non-Jew to Purchase Something on Shabbat
It is likewise forbidden to give a non-Jew money, even on Sunday, and ask him to use it to purchase something on Shabbat. Only if the non-Jew purchases the object for himself and then may wish to sell it to the Jew may the Jew ask the non-Jew, “purchase this object for yourself on Shabbat and if I need it, I will buy it from you after Shabbat.” In this way, the non-Jew will be purchasing the item for himself on Shabbat and not on behalf of the Jew. (See Halichot Shabbat, Chapter 1)

The Fast of the Seventeenth of Tammuz will be observed this coming Sunday, the Eighteenth of Tammuz (since the Seventeenth of Tammuz falls out on Shabbat and is postponed until Sunday). We will therefore begin discussing some laws related to the Three Weeks in the coming Halachot and we will then return to our discussion of instructing non-Jews on Shabbat.

8 Halachot Most Popular

Eating, Bathing, and Brushing Teeth on Yom Kippur

Some Laws of Yom Kippur All are obligated to fast on Yom Kippur, including pregnant and nursing women. Any woman whose health is at risk due to the fast should consult a prominent Torah scholar who is well-versed in these laws, and he should render his ruling whether or not she must fast. One whose......

Read Halacha

The Seventh Day of Pesach

Based on a Derasha Delivered by Maran Rabbeinu Ovadia Yosef zt”l When the Jewish nation left Egypt and the Red Sea split for them, the Torah states: “The messenger of Hashem, who had been going ahead of the Israelite army, now moved, and followed behind them; and the pillar of cloud s......

Read Halacha

The Laws of Hearing Parashat Zachor- A Special Sermon

“Remember What Amalek Has Done to You” On the Shabbat preceding Purim, which is this coming Shabbat, after the opening of the Ark immediately following Shacharit prayers, two Sifrei Torah are removed; in the first one, we read the weekly Parasha (which is Parashat Tetzaveh this year, 57......

Read Halacha

Rain in the Sukkah

There are certain places, such as New York, where it commonly rains during the holiday of Sukkot. Even in Israel it has happened in the past that rain has fallen during Sukkot. In the Land of Israel, rain during the Sukkot holiday is an ominous sign, as our Sages taught that this is comparable to......

Read Halacha


The Obligation to Eat in the Sukkah

A Meal of an Established Character Throughout the entire Sukkot holiday, both during the night and day, it is prohibited to eat a meal of an established character outside of the Sukkah. The amount of food one is required to eat in order for one’s meal to constitute a “meal of an establi......

Read Halacha

Simchat Torah

The Rambam (end of Chapter 8 of Hilchot Lulav) states: “Even though it is a Mitzvah to rejoice on all the festivals, there was an additional celebration in the Temple on the festival of Sukkot, as the Torah commands: ‘And you shall rejoice before Hashem, your G-d, for seven days.’ ......

Read Halacha

The Laws of Mentioning “Mashiv Ha’Ruach”

We Begin Reciting “Mashiv Ha’Ruach” “Mashiv Ha’Ruach U’Morid Ha’Geshem” is a praise we recite to Hashem during the winter months within the “Mechayeh Ha’Metim” blessing of the Amidah as is printed in all Siddurim. We begin recitin......

Read Halacha

The Most Awesome Day of the Year

An Excerpt from a Discourse Delivered by Maran zt”l in the Chazon Ovadia Synagogue in Rechavia, Jerusalem on the Night of Yom Kippur It is quoted in the name of a great sage who made a play on words using the words of the Mishnah, “Did you tithe? Did you make an Eruv? Light the candle......

Read Halacha