Asking a Non-Jew to Buy for you on Shabbos
Q. There is a big sale on an item that I want to buy. The problem is that the sale is on Shabbos for one day only. Is there a way that I could arrange a non-Jew to buy it for me?
As a general rule, one may not ask a non-Jew to do something on their behalf on Shabbos, that is forbidden for a Jew to do themselves[1].
This Rabbinic prohibition, referred to Amira Lenochri, was enacted to protect the sanctity of Shabbos.
The Rishonim present a number of reasons for this Rabbinic decree. Some Rishonim[2] explain that treating Shabbos lightly in this manner, by circumventing the laws of Shabbos through using a non-Jew, may ultimately lead the Jew to do these activities on Shabbos themselves. Others explain that the problem is that the non-Jew is serving as the Shliach (agent) of the Jew and therefore it is considered as though the Jew has done the forbidden work themselves[3].
It is also forbidden to ask the non-Jew before Shabbos, to do the forbidden activity on Shabbos on their behalf[4]. The prohibition of Amira Lenochri also applies even if one does not need the benefit of the activity until after Shabbos. It also makes no difference whether one pays the non-Jew for the work or not[5].
On Shabbos, it is Rabbinically forbidden to buy or sell things. Therefore, the Rosh[6] rules that one is not allowed to give money[7] to a non-Jew before Shabbos and ask them to buy things for them on Shabbos[8]. This ruling is brought in the Shulchan Aruch[9]. Darkei Moshe adds, that even if one pays the non-Jew a fixed amount for this service it remains forbidden[10].
It is permissible to ask a non-Jew to buy something on their behalf and may even give them money, provided that they do not instruct them to buy it on Shabbos. In this case, one may even benefit from the item if the non-Jew ended up buying it on Shabbos. This is because the non-Jew could have bought the items on a different day of the week. Their choice to buy it on Shabbos is not being done for the Jew, but rather for their own personal convenience[11].
According to the Ta”z[12] even in this case, one should not benefit from the item on Shabbos itself, because at the end of the day, it was bought on Shabbos for the Jew. This applies even if one agreed on a set fixed payment for the non-Jew’s service[13]. The Alter Rebbe does not bring the stringency of the Ta”z[14].
If one gave money to the non-Jew on Erev Shabbos and told them that they will be leaving on Motzai Shabbos, it is as though they had told the non-Jew to buy the item on Shabbos[15]. This will be forbidden even according to the lenient opinion quoted above.
In a place where the market is only open on Shabbos and the desired product is only available at the market, it is forbidden to ask a non-Jew to buy the product on their behalf, even if they do not specify to do it on Shabbos. Since the item is only available on Shabbos, by asking the non-Jew to procure it, it is as though one directly requested that it be purchased on Shabbos[16]. There is a minority view that permits this as long as one does not directly instruct the non-Jew to buy on Shabbos[17].
If the product is available at other times, even in a limited manner, it is permissible to ask the non-Jew to buy it for them, as long as one does not specify to buy it on Shabbos[18].
Sefer Chassidim[19] recommends that due to the above complication, a Jew should not live in a place where the market is only open on Shabbos, since it will be very difficult to avoid transgressing these laws. If the market is not situated within the Jewish neighbourhood, one need not be concerned for this stringency of the Sefer Chassidim[20].
Permissible Methods
One may tell a non-Jew to buy a particular item for themselves on Shabbos and let them know that if they require that item, they will buy it from them after Shabbos[21]. The Bach and Elya Rabbah[22] rule that one may even assure the non-Jew that they will definitely buy it from them after Shabbos[23]. It makes no difference that the non-Jew understands that we are only doing this to ‘get around’ the Halachic issue[24].
Further, one may even give the non-Jew money before Shabbos as a loan, in order to buy the item for themselves on Shabbos. The Jew can stipulate that they will take the item from them after Shabbos in payment for the loan, adding something extra as a profit[25].
There is another leniency that is raised by some Poskim, however its validity is subject to dispute.
In the source of these Halachos, the Rosh refers to giving the money to the non-Jew on Erev Shabbos. The Shulchan Aruch also talks about giving the money to the non-Jew on Erev Shabbos. Minchas Kohen understands that their wording is deliberate and that the concern only applies when instructing the non-Jew on Erev Shabbos. If one gave the money to the non-Jew earlier in the week, for example on Wednesday or Thursday, it will permissible even if the market is only open on Shabbos. This opinion is brought by the Magen Avraham[26].
The Acharonim[27] generally reject this leniency. Why should it make a difference when the money is given to the non-Jew? If the market is only open on Shabbos, it will always be considered as though one has directly asked the non-Jew to buy something on Shabbos on their behalf.
The Alter Rebbe[28] brings the ruling of the Magen Avraham, albeit in parentheses. The Alter Rebbe references an earlier Halacha[29] where he quotes an opinion that on Thursday, one may give a task to a non-Jew to do, even if it will have to be done on Shabbos. The rationale is that since the request is not being done in proximity to Shabbos, it does not appear as though one is making the non-Jew a Shliach to do the work on Shabbos. According to this view, one does not even need to agree to a specified amount that the non-Jew will receive in return.
Even though the later Poskim do not permit relying on this very lenient ruling of the Magen Avraham, Tehillah Ledovid[30] writes that since the Alter Rebbe brings the leniency in parentheses, one may rely on it in a situation of genuine need.
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[1] Shabbos 150a
[2] Rambam laws of Shabbos 6:1
[3] Rashi Avodah Zarah 21a. Even though the law of Shlichus in Torah only applies to a fellow Jew, as a stringency, the Rabbi ascribe the status of a Shliach to a non-Jew as well.
[4] Rambam Hilchos Shabbos 6:1. Shulchan Aruch Harav 243:1, 307:6.
[5] Rambam ibid. Shulchan Aruch Harav 243:1.
[6] Bava Metzia 7:6
[7] Pri Megadim Eshel Avraham 3, suggests that it will be problematic even if one does not give the non-Jew money, but simply asks them to buy on their behalf. Kaf Hachaim 307:22
[8] Shulchan Aruch Orach Chaim 307:3
[9] Orach Chaim 307:3
[10] Mishna Berura 307:12
[11] The Magen Avraham rules that even this is only permissible if one set an agreed payment for the non-Jew (so that he is doing it for himself in order to get the payment). This requirement is discussed elsewhere in the Shulchan Aruch (245:5). The Mechaber and Ram”o do not mention this requirement here. See Elya Rabbah who suggests that this case may be different. Mishna Berura 307:14 rules like the Magen Avraham. The Alter Rebbe does not mention anything on this issue in this Siman.
[12] Orach Chaim 307:3
[13] Mishna Berura 307:15
[14] See Elya Rabbah 307:10 who questions the ruling of the Ta”z
[15] Shulchan Aruch Harav 307:9. Based on Ta”z 307:3
[16] Hagahos Maimonios 6:2. Brought by Olas Shabbos 307:1, Magen Avraham 307:3, Ta”z 307:3, Elya Rabbah 307:9, Shulchan Aruch Harav 307:9 and Mishna Berura 307:15.
[17] This appears to be the view of the Beis Yosef
[18] Mordechai 249 quoting Sefer Mitzvos Gadol. Magen Avraham and Ta”z ibid. Shulchan Aruch Harav ibid.
[19] Siman 262. Quoted in Magen Avraham 307:3 and Shulchan Aruch Harav 307:9
[20] Kneses Hagedola quoted in Magen Avraham ibid. Shulchan Aruch Harav ibid. Mishna Berura ibid.
[21] Shulchan Aruch Orach Chaim 307:3. This is based on the laws of Mechiras Chometz Orach Chaim 448:4
[22] 307:12. Mishna Berura 307:13. See also Kaf Hachaim 307:23
[23] See Kaf Hachaim 307:23 quoting the Ta”z in the laws of Pesach that one may even tell the non-Jew that they will buy it off of them at a profit.
[24] Aruch Hashulchan 307:15
[25] Hagahos Maimonios 6:2. Shulchan Aruch Harav 307:10. The extra profit is to ensure that the non-Jew is doing it for his own benefit.
[26] Ibid. Aruch Hashulchan 307:15 also rules leniently, explaining that since it is being given a few days before Shabbos, it is possible (remotely) for the non-Jew to buy the item before Shabbos.
[27] Mishna Berura 307:14, Levushei Serad and Elya Rabbah. This also appears to be the opinion of the Levush 307:3. Kaf Hachaim 307:20,25
[28] 307:9
[29] 252:6
[30] 307:4
As a general rule, one may not ask a non-Jew to do something on their behalf on Shabbos, that is forbidden for a Jew to do themselves[1].
This Rabbinic prohibition, referred to Amira Lenochri, was enacted to protect the sanctity of Shabbos.
The Rishonim present a number of reasons for this Rabbinic decree. Some Rishonim[2] explain that treating Shabbos lightly in this manner, by circumventing the laws of Shabbos through using a non-Jew, may ultimately lead the Jew to do these activities on Shabbos themselves. Others explain that the problem is that the non-Jew is serving as the Shliach (agent) of the Jew and therefore it is considered as though the Jew has done the forbidden work themselves[3].
It is also forbidden to ask the non-Jew before Shabbos, to do the forbidden activity on Shabbos on their behalf[4]. The prohibition of Amira Lenochri also applies even if one does not need the benefit of the activity until after Shabbos. It also makes no difference whether one pays the non-Jew for the work or not[5].
On Shabbos, it is Rabbinically forbidden to buy or sell things. Therefore, the Rosh[6] rules that one is not allowed to give money[7] to a non-Jew before Shabbos and ask them to buy things for them on Shabbos[8]. This ruling is brought in the Shulchan Aruch[9]. Darkei Moshe adds, that even if one pays the non-Jew a fixed amount for this service it remains forbidden[10].
It is permissible to ask a non-Jew to buy something on their behalf and may even give them money, provided that they do not instruct them to buy it on Shabbos. In this case, one may even benefit from the item if the non-Jew ended up buying it on Shabbos. This is because the non-Jew could have bought the items on a different day of the week. Their choice to buy it on Shabbos is not being done for the Jew, but rather for their own personal convenience[11].
According to the Ta”z[12] even in this case, one should not benefit from the item on Shabbos itself, because at the end of the day, it was bought on Shabbos for the Jew. This applies even if one agreed on a set fixed payment for the non-Jew’s service[13]. The Alter Rebbe does not bring the stringency of the Ta”z[14].
If one gave money to the non-Jew on Erev Shabbos and told them that they will be leaving on Motzai Shabbos, it is as though they had told the non-Jew to buy the item on Shabbos[15]. This will be forbidden even according to the lenient opinion quoted above.
In a place where the market is only open on Shabbos and the desired product is only available at the market, it is forbidden to ask a non-Jew to buy the product on their behalf, even if they do not specify to do it on Shabbos. Since the item is only available on Shabbos, by asking the non-Jew to procure it, it is as though one directly requested that it be purchased on Shabbos[16]. There is a minority view that permits this as long as one does not directly instruct the non-Jew to buy on Shabbos[17].
If the product is available at other times, even in a limited manner, it is permissible to ask the non-Jew to buy it for them, as long as one does not specify to buy it on Shabbos[18].
Sefer Chassidim[19] recommends that due to the above complication, a Jew should not live in a place where the market is only open on Shabbos, since it will be very difficult to avoid transgressing these laws. If the market is not situated within the Jewish neighbourhood, one need not be concerned for this stringency of the Sefer Chassidim[20].
Permissible Methods
One may tell a non-Jew to buy a particular item for themselves on Shabbos and let them know that if they require that item, they will buy it from them after Shabbos[21]. The Bach and Elya Rabbah[22] rule that one may even assure the non-Jew that they will definitely buy it from them after Shabbos[23]. It makes no difference that the non-Jew understands that we are only doing this to ‘get around’ the Halachic issue[24].
Further, one may even give the non-Jew money before Shabbos as a loan, in order to buy the item for themselves on Shabbos. The Jew can stipulate that they will take the item from them after Shabbos in payment for the loan, adding something extra as a profit[25].
There is another leniency that is raised by some Poskim, however its validity is subject to dispute.
In the source of these Halachos, the Rosh refers to giving the money to the non-Jew on Erev Shabbos. The Shulchan Aruch also talks about giving the money to the non-Jew on Erev Shabbos. Minchas Kohen understands that their wording is deliberate and that the concern only applies when instructing the non-Jew on Erev Shabbos. If one gave the money to the non-Jew earlier in the week, for example on Wednesday or Thursday, it will permissible even if the market is only open on Shabbos. This opinion is brought by the Magen Avraham[26].
The Acharonim[27] generally reject this leniency. Why should it make a difference when the money is given to the non-Jew? If the market is only open on Shabbos, it will always be considered as though one has directly asked the non-Jew to buy something on Shabbos on their behalf.
The Alter Rebbe[28] brings the ruling of the Magen Avraham, albeit in parentheses. The Alter Rebbe references an earlier Halacha[29] where he quotes an opinion that on Thursday, one may give a task to a non-Jew to do, even if it will have to be done on Shabbos. The rationale is that since the request is not being done in proximity to Shabbos, it does not appear as though one is making the non-Jew a Shliach to do the work on Shabbos. According to this view, one does not even need to agree to a specified amount that the non-Jew will receive in return.
Even though the later Poskim do not permit relying on this very lenient ruling of the Magen Avraham, Tehillah Ledovid[30] writes that since the Alter Rebbe brings the leniency in parentheses, one may rely on it in a situation of genuine need.
______________________________
[1] Shabbos 150a
[2] Rambam laws of Shabbos 6:1
[3] Rashi Avodah Zarah 21a. Even though the law of Shlichus in Torah only applies to a fellow Jew, as a stringency, the Rabbi ascribe the status of a Shliach to a non-Jew as well.
[4] Rambam Hilchos Shabbos 6:1. Shulchan Aruch Harav 243:1, 307:6.
[5] Rambam ibid. Shulchan Aruch Harav 243:1.
[6] Bava Metzia 7:6
[7] Pri Megadim Eshel Avraham 3, suggests that it will be problematic even if one does not give the non-Jew money, but simply asks them to buy on their behalf. Kaf Hachaim 307:22
[8] Shulchan Aruch Orach Chaim 307:3
[9] Orach Chaim 307:3
[10] Mishna Berura 307:12
[11] The Magen Avraham rules that even this is only permissible if one set an agreed payment for the non-Jew (so that he is doing it for himself in order to get the payment). This requirement is discussed elsewhere in the Shulchan Aruch (245:5). The Mechaber and Ram”o do not mention this requirement here. See Elya Rabbah who suggests that this case may be different. Mishna Berura 307:14 rules like the Magen Avraham. The Alter Rebbe does not mention anything on this issue in this Siman.
[12] Orach Chaim 307:3
[13] Mishna Berura 307:15
[14] See Elya Rabbah 307:10 who questions the ruling of the Ta”z
[15] Shulchan Aruch Harav 307:9. Based on Ta”z 307:3
[16] Hagahos Maimonios 6:2. Brought by Olas Shabbos 307:1, Magen Avraham 307:3, Ta”z 307:3, Elya Rabbah 307:9, Shulchan Aruch Harav 307:9 and Mishna Berura 307:15.
[17] This appears to be the view of the Beis Yosef
[18] Mordechai 249 quoting Sefer Mitzvos Gadol. Magen Avraham and Ta”z ibid. Shulchan Aruch Harav ibid.
[19] Siman 262. Quoted in Magen Avraham 307:3 and Shulchan Aruch Harav 307:9
[20] Kneses Hagedola quoted in Magen Avraham ibid. Shulchan Aruch Harav ibid. Mishna Berura ibid.
[21] Shulchan Aruch Orach Chaim 307:3. This is based on the laws of Mechiras Chometz Orach Chaim 448:4
[22] 307:12. Mishna Berura 307:13. See also Kaf Hachaim 307:23
[23] See Kaf Hachaim 307:23 quoting the Ta”z in the laws of Pesach that one may even tell the non-Jew that they will buy it off of them at a profit.
[24] Aruch Hashulchan 307:15
[25] Hagahos Maimonios 6:2. Shulchan Aruch Harav 307:10. The extra profit is to ensure that the non-Jew is doing it for his own benefit.
[26] Ibid. Aruch Hashulchan 307:15 also rules leniently, explaining that since it is being given a few days before Shabbos, it is possible (remotely) for the non-Jew to buy the item before Shabbos.
[27] Mishna Berura 307:14, Levushei Serad and Elya Rabbah. This also appears to be the opinion of the Levush 307:3. Kaf Hachaim 307:20,25
[28] 307:9
[29] 252:6
[30] 307:4