Asking a Non-Jew to turn on the Airconditioner on Shabbos
Q. Last Shabbos our house was getting warm and I wanted to ask my non-Jewish cleaner to turn on the air-conditioning. The Rabbi said that it is not so simple that this is always allowed. What is the problem and what are the guidelines that I should follow?
On Shabbos, one may not ask a non-Jew to do something on their behalf, which is forbidden for a Jew to do themselves on Shabbos[1]. This prohibition, referred to as Amira Lenochri, is a Rabbinic enactment[2] and applies to both Biblically and Rabbinically forbidden activities.
It is also forbidden to ask a non-Jew before Shabbos, to do a forbidden activity on Shabbos on their behalf[3]. It 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[4]. Moreover, one may generally not even hint to a non-Jew to do a forbidden action on their behalf[5].
As a further prohibition, one may not derive direct benefit from the forbidden action done on behalf of a Jew on Shabbos, even if the non-Jew acted on their own, without being instructed or hinted to do so[6]. In some cases, if one sees a non-Jew coming to do a forbidden action on their behalf, they are obligated to protest and tell them that they should desist[7].
There are situations where the Rabbis did not apply the prohibition of Amira Lenochri. The level and circumstance of leniency will depend on what action is being done.
If the action being performed is a Biblically forbidden Melacha, it is only permitted to ask a non-Jew to perform it in the case of someone who is sick enough to be at least classified as a Choleh She’ein Bo Sakanah - an incapacitating illness[8].
If the action being done is only Rabbinically forbidden, it will be permissible to ask a non-Jew to do it even in a case of slight illness, pain or significant loss[9]. One may also ask a non-Jew to perform a Rabbinically forbidden act if it is necessary for fulfilling a Mitzvah.
This principle is referred to as שבות דשבות במקום מצוה.[10]. This means that since the activity itself is only Rabbinically forbidden and asking a non-Jew to do something forbidden on Shabbos is also only Rabbinically forbidden, in the case of a Mitzvah it is permissible.
Lighting a Fire in Cold Climates
The Shulchan Aruch[11] rules that in very cold climates, one can have a non-Jew light a fire on behalf of Jews. Even though this involves a Biblically forbidden action, it is permissible because of the principleהכל חולים אצל הצינה , “all are considered sick concerning the (extreme[12]) cold”.
The Alter Rebbe[13] adds that this refers to cold climates “such as these lands”. He is referring to eastern Europe where it gets very cold and the impact of the cold is significant. Even then, he writes that this is only allowed on days that are very cold, such as during the winter months.
When it is not this cold, one may not allow or ask a non-Jew to light a fire, unless there are young children who are suffering greatly[14]. This is based on another leniency that the needs of a child are treated like that of someone who has an incapacitating illness. This applies to any need which if not provided, would cause them discomfort. The same would apply if there were individuals present who are sick or are extra sensitive and would become ill as a result of the cold, such as the elderly.
The Levush[15] writes a justification for those who ask non-Jews to light fires on Shabbos, even when it is not very cold. Since we are not used to being in even minimally cold conditions, any cold change would be felt significantly and we could be considered as “sick”. The Levush’s ruling is generally not relied upon, unless there are other contributing factors for leniency.
The Alter Rebbe[16] writes that one should not protest against those who are lenient and will ask a non-Jew to light a fire, even when it is not extremely cold. This is based on the dictum that when one knows that someone will not listen to their rebuke, it is preferable to leave them to continue to act unknowingly, rather than to inform them which would result in them sinning intentionally.
But is Hot Weather like Cold?
The above discussion only relates to lighting fires, which in our equivalent would be to turn on the heating. But what about asking a non-Jew to turn on the airconditioning when it is hot?
In addressing this question, the Poskim discuss whether we say that people are considered to be “sick” concerning heat, just as we consider them to be “sick” in relation to the cold. The result of this question will determine whether one may ask a non-Jew to turn on the airconditioning when it is hot.
The Minchas Yitzchak[17] is of the opinion that we do apply this principle to heat as well. His ruling is based on the following episode that is recorded in the Talmud Yerushalmi[18];
The Roman Emperor Antoninus was embarking on a journey and he asked Rabbi Yehudah Hanasi (Rebbi) to pray for him. Rebbi requested that Antoninus be protected from the cold. Antoninus dismissed this prayer, saying that one can easily protect themselves from the cold by adding extra layers of clothing. Instead, Rebbi Davened that he be spared from the heat. Antoninus accepted this prayer since ‘nobody can hide from His heat’[19].
Based on this episode we can conclude that suffering from heat is a worse predicament than suffering from the cold. Therefore, if people are considered “sick” concerning cold weather, the same would be true, and even more so, concerning heat.
Possible objections to this extrapolation are that this episode refers to a journey where, unlike adding extra layers of clothing for the cold, one cannot protect themselves from heat. However, someone who is indoors could take respite in a cooler room, such as a basement and so they cannot be viewed as being in a situation of being “sick” as a result of the heat. The Minchas Yitzchak rejects this distinction.
Alternatively, one could argue that the Talmud Yerushalmi is talking about the level of discomfort, for which it may be true that heat is worse than the cold. However, the laws of Shabbos are based on whether one would be considered “sick” rather than in a state of discomfort. In terms of whether one would be considered “sick”, perhaps specifically cold, which goes deep into a person's body and affects their inner organs, is considered a danger, but heat is not.
The Status of Electrical Appliances on Shabbos
There are still grounds to be more lenient with asking a non-Jew to turn on an airconditioner than with asking them to light a fire. Lighting fire involves a Biblical Melacha, making the threshold for leniency much higher. But what is the status of electrically operated appliances such as airconditioners?
Most Poskim accept that traditional incandecent electric lights should be treated as a Biblically forbidden fire. This is because the metal filament is heated up and gives off both heat and light. Other electric appliances, including airconditioners, are subject to a dipute whether their use is forbidden Biblically or Rabbinically.
If the use of electric appliances is considered to be Biblically forbidden, then, like lighting a fire, one may only ask a non-Jew to turn on an airconditioner if it is hot enough to present a danger or for the needs of a child or someone who is suffering from an incapacitating illness.
However, if the use of electric appliances is classified as only being a Rabbinic prohibition, significant discomfort would be enough of a reason to permit asking a non-Jew to on the airconditioning, based on the principle שבות דשבות במקום צער. This rule means that in a case of pain or significant discomfort, one may ask a non-Jew (which is Rabbinically forbidden), to do an action that itself is only Rabbinically forbidden on Shabbos.
However, even then, it should be emphatically stated that this only applies in genuine cases where the heat is causing significant discomfort, not just in order to make it more comfortable.
Since these Halachos are often treated lightly, Rav Moshe Shternbuch writes that the leniency may only be used when one forgot to turn on the airconditioner before Shabbos or there was an unforeseen heatwave. One may not leave the air conditioner off and rely on asking a non-Jew to turn it on on Shabbos. Operating an airconditioner on a time-clock would be acceptable.
The Minchas Yitzchak strongly maintains that use of electric appliances only constitutes a Rabbinic prohibition. Even if lights would also be activated, this would not be a concern, since the non-Jew’s intention is to activate the appliance and not to activate the lights, which is merely an unintended consequence[20].
Most contemporary Poskim[21] follow this view and permit one to ask a non-Jew to activate an airconditioner in a case of genuine suffering.
If it is not hot enough to cause significant discomfort, one may not ask a non-Jew to turn on the airconditioning. Even if the non-Jew comes of their own volition to turn it on, one would be obligated to protest and tell them not to. If the airconditioner was wrongfully turned on by a non-Jew on Shabbos, one would not need to leave the room.
Rabbi Moshe Feinstein[22] rules that in a Shul, there are additional grounds to be lenient. If the heat would cause people to leave and miss out on Davening or hearing the Torah reading, turning on the airconditioner becomes a “Mitzvah need” and one may ask a non-Jew to turn it on[23].
If there are young children who are very uncomfortable as a result of the heat, there would also be more grounds to be lenient. The same would apply in a public facility where there are likely to be elderly people, pregnant women, or individuals with conditions which would make them more sensitive to the heat.
There is no temperature threshold set by the Poskim for when one may ask a non-Jew to turn on an air conditioner and there are many factors and considerations involved. Therefore, before asking a non-Jew to turn on an airconditioner, in Shul or at home, one should first verify with a Rav on how to proceed.
________________________________
[1] Shabbos 150a. Rambam Hilchos Shabbos 6:1
[2] See the article later in this work on asking a non-Jew to buy for us on Shabbos, for more details and reasons for this Rabbinic restriction.
[3] Rambam Hilchos Shabbos 6:1. Shulchan Aruch Harav 243:1, 307:6.
[4] Rambam ibid. Shulchan Aruch Harav 243:1.
[5] Or Zarua 2:85, Ram”o Orach Chaim 307:22, Shulchan Aruch Harav 307:7
[6] Shulchan Aruch Orach Chaim 276:1, Magen Avraham 307:31, Shulchan Aruch Harav 276:1
[7] Shulchan Aruch Harav 276:3
[8] Shulachan Aruch Orach Chaim 307:5
[9] Shulchan Aruch Harav 307:12
[10] Rambam Hilchos Shabbos 6:9, Shulchan Aruch Orach Chaim 307:5, Shulchan Aruch Harav 307:12
[11] Orach Chaim 276:5
[12] Added by the Alter Rebbe to qualify his ruling discussed below
[13] Shulchan Aruch Harav 276:15
[14] Shulchan Aruch Harav 276:15
[15] Orach Chaim 276:5
[16] Shulchan Aruch Harav 276:17
[17] Shu”t Minchas Yitzchak 3:2
[18] Quoted in Tosfos Bava Basra 144b
[19] Tehillim 19:7
[20] Even though this is a Pesik Reisha - an inevitable consequence of their action, Pesik Reisha is not forbidden for a non-Jew.
[21] Including Shemiras Shabbos Kehilchasa, Nishmas Shabbos and Yabia Omer.
[22] Igros Moshe Orach Chaim 3:42
[23] A similar leniency may apply in outreach situations, if the discomfort may cause people to not come again to Shul or to a Shabbos meal etc.
On Shabbos, one may not ask a non-Jew to do something on their behalf, which is forbidden for a Jew to do themselves on Shabbos[1]. This prohibition, referred to as Amira Lenochri, is a Rabbinic enactment[2] and applies to both Biblically and Rabbinically forbidden activities.
It is also forbidden to ask a non-Jew before Shabbos, to do a forbidden activity on Shabbos on their behalf[3]. It 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[4]. Moreover, one may generally not even hint to a non-Jew to do a forbidden action on their behalf[5].
As a further prohibition, one may not derive direct benefit from the forbidden action done on behalf of a Jew on Shabbos, even if the non-Jew acted on their own, without being instructed or hinted to do so[6]. In some cases, if one sees a non-Jew coming to do a forbidden action on their behalf, they are obligated to protest and tell them that they should desist[7].
There are situations where the Rabbis did not apply the prohibition of Amira Lenochri. The level and circumstance of leniency will depend on what action is being done.
If the action being performed is a Biblically forbidden Melacha, it is only permitted to ask a non-Jew to perform it in the case of someone who is sick enough to be at least classified as a Choleh She’ein Bo Sakanah - an incapacitating illness[8].
If the action being done is only Rabbinically forbidden, it will be permissible to ask a non-Jew to do it even in a case of slight illness, pain or significant loss[9]. One may also ask a non-Jew to perform a Rabbinically forbidden act if it is necessary for fulfilling a Mitzvah.
This principle is referred to as שבות דשבות במקום מצוה.[10]. This means that since the activity itself is only Rabbinically forbidden and asking a non-Jew to do something forbidden on Shabbos is also only Rabbinically forbidden, in the case of a Mitzvah it is permissible.
Lighting a Fire in Cold Climates
The Shulchan Aruch[11] rules that in very cold climates, one can have a non-Jew light a fire on behalf of Jews. Even though this involves a Biblically forbidden action, it is permissible because of the principleהכל חולים אצל הצינה , “all are considered sick concerning the (extreme[12]) cold”.
The Alter Rebbe[13] adds that this refers to cold climates “such as these lands”. He is referring to eastern Europe where it gets very cold and the impact of the cold is significant. Even then, he writes that this is only allowed on days that are very cold, such as during the winter months.
When it is not this cold, one may not allow or ask a non-Jew to light a fire, unless there are young children who are suffering greatly[14]. This is based on another leniency that the needs of a child are treated like that of someone who has an incapacitating illness. This applies to any need which if not provided, would cause them discomfort. The same would apply if there were individuals present who are sick or are extra sensitive and would become ill as a result of the cold, such as the elderly.
The Levush[15] writes a justification for those who ask non-Jews to light fires on Shabbos, even when it is not very cold. Since we are not used to being in even minimally cold conditions, any cold change would be felt significantly and we could be considered as “sick”. The Levush’s ruling is generally not relied upon, unless there are other contributing factors for leniency.
The Alter Rebbe[16] writes that one should not protest against those who are lenient and will ask a non-Jew to light a fire, even when it is not extremely cold. This is based on the dictum that when one knows that someone will not listen to their rebuke, it is preferable to leave them to continue to act unknowingly, rather than to inform them which would result in them sinning intentionally.
But is Hot Weather like Cold?
The above discussion only relates to lighting fires, which in our equivalent would be to turn on the heating. But what about asking a non-Jew to turn on the airconditioning when it is hot?
In addressing this question, the Poskim discuss whether we say that people are considered to be “sick” concerning heat, just as we consider them to be “sick” in relation to the cold. The result of this question will determine whether one may ask a non-Jew to turn on the airconditioning when it is hot.
The Minchas Yitzchak[17] is of the opinion that we do apply this principle to heat as well. His ruling is based on the following episode that is recorded in the Talmud Yerushalmi[18];
The Roman Emperor Antoninus was embarking on a journey and he asked Rabbi Yehudah Hanasi (Rebbi) to pray for him. Rebbi requested that Antoninus be protected from the cold. Antoninus dismissed this prayer, saying that one can easily protect themselves from the cold by adding extra layers of clothing. Instead, Rebbi Davened that he be spared from the heat. Antoninus accepted this prayer since ‘nobody can hide from His heat’[19].
Based on this episode we can conclude that suffering from heat is a worse predicament than suffering from the cold. Therefore, if people are considered “sick” concerning cold weather, the same would be true, and even more so, concerning heat.
Possible objections to this extrapolation are that this episode refers to a journey where, unlike adding extra layers of clothing for the cold, one cannot protect themselves from heat. However, someone who is indoors could take respite in a cooler room, such as a basement and so they cannot be viewed as being in a situation of being “sick” as a result of the heat. The Minchas Yitzchak rejects this distinction.
Alternatively, one could argue that the Talmud Yerushalmi is talking about the level of discomfort, for which it may be true that heat is worse than the cold. However, the laws of Shabbos are based on whether one would be considered “sick” rather than in a state of discomfort. In terms of whether one would be considered “sick”, perhaps specifically cold, which goes deep into a person's body and affects their inner organs, is considered a danger, but heat is not.
The Status of Electrical Appliances on Shabbos
There are still grounds to be more lenient with asking a non-Jew to turn on an airconditioner than with asking them to light a fire. Lighting fire involves a Biblical Melacha, making the threshold for leniency much higher. But what is the status of electrically operated appliances such as airconditioners?
Most Poskim accept that traditional incandecent electric lights should be treated as a Biblically forbidden fire. This is because the metal filament is heated up and gives off both heat and light. Other electric appliances, including airconditioners, are subject to a dipute whether their use is forbidden Biblically or Rabbinically.
If the use of electric appliances is considered to be Biblically forbidden, then, like lighting a fire, one may only ask a non-Jew to turn on an airconditioner if it is hot enough to present a danger or for the needs of a child or someone who is suffering from an incapacitating illness.
However, if the use of electric appliances is classified as only being a Rabbinic prohibition, significant discomfort would be enough of a reason to permit asking a non-Jew to on the airconditioning, based on the principle שבות דשבות במקום צער. This rule means that in a case of pain or significant discomfort, one may ask a non-Jew (which is Rabbinically forbidden), to do an action that itself is only Rabbinically forbidden on Shabbos.
However, even then, it should be emphatically stated that this only applies in genuine cases where the heat is causing significant discomfort, not just in order to make it more comfortable.
Since these Halachos are often treated lightly, Rav Moshe Shternbuch writes that the leniency may only be used when one forgot to turn on the airconditioner before Shabbos or there was an unforeseen heatwave. One may not leave the air conditioner off and rely on asking a non-Jew to turn it on on Shabbos. Operating an airconditioner on a time-clock would be acceptable.
The Minchas Yitzchak strongly maintains that use of electric appliances only constitutes a Rabbinic prohibition. Even if lights would also be activated, this would not be a concern, since the non-Jew’s intention is to activate the appliance and not to activate the lights, which is merely an unintended consequence[20].
Most contemporary Poskim[21] follow this view and permit one to ask a non-Jew to activate an airconditioner in a case of genuine suffering.
If it is not hot enough to cause significant discomfort, one may not ask a non-Jew to turn on the airconditioning. Even if the non-Jew comes of their own volition to turn it on, one would be obligated to protest and tell them not to. If the airconditioner was wrongfully turned on by a non-Jew on Shabbos, one would not need to leave the room.
Rabbi Moshe Feinstein[22] rules that in a Shul, there are additional grounds to be lenient. If the heat would cause people to leave and miss out on Davening or hearing the Torah reading, turning on the airconditioner becomes a “Mitzvah need” and one may ask a non-Jew to turn it on[23].
If there are young children who are very uncomfortable as a result of the heat, there would also be more grounds to be lenient. The same would apply in a public facility where there are likely to be elderly people, pregnant women, or individuals with conditions which would make them more sensitive to the heat.
There is no temperature threshold set by the Poskim for when one may ask a non-Jew to turn on an air conditioner and there are many factors and considerations involved. Therefore, before asking a non-Jew to turn on an airconditioner, in Shul or at home, one should first verify with a Rav on how to proceed.
________________________________
[1] Shabbos 150a. Rambam Hilchos Shabbos 6:1
[2] See the article later in this work on asking a non-Jew to buy for us on Shabbos, for more details and reasons for this Rabbinic restriction.
[3] Rambam Hilchos Shabbos 6:1. Shulchan Aruch Harav 243:1, 307:6.
[4] Rambam ibid. Shulchan Aruch Harav 243:1.
[5] Or Zarua 2:85, Ram”o Orach Chaim 307:22, Shulchan Aruch Harav 307:7
[6] Shulchan Aruch Orach Chaim 276:1, Magen Avraham 307:31, Shulchan Aruch Harav 276:1
[7] Shulchan Aruch Harav 276:3
[8] Shulachan Aruch Orach Chaim 307:5
[9] Shulchan Aruch Harav 307:12
[10] Rambam Hilchos Shabbos 6:9, Shulchan Aruch Orach Chaim 307:5, Shulchan Aruch Harav 307:12
[11] Orach Chaim 276:5
[12] Added by the Alter Rebbe to qualify his ruling discussed below
[13] Shulchan Aruch Harav 276:15
[14] Shulchan Aruch Harav 276:15
[15] Orach Chaim 276:5
[16] Shulchan Aruch Harav 276:17
[17] Shu”t Minchas Yitzchak 3:2
[18] Quoted in Tosfos Bava Basra 144b
[19] Tehillim 19:7
[20] Even though this is a Pesik Reisha - an inevitable consequence of their action, Pesik Reisha is not forbidden for a non-Jew.
[21] Including Shemiras Shabbos Kehilchasa, Nishmas Shabbos and Yabia Omer.
[22] Igros Moshe Orach Chaim 3:42
[23] A similar leniency may apply in outreach situations, if the discomfort may cause people to not come again to Shul or to a Shabbos meal etc.