Attending an Open-house Inspection on Shabbos
Q. I am interested in buying a house which is open to inspect on Shabbos. Am I allowed to walk through to have a look?
When discussing the day of Shabbos, the prophet Yishaya says[1] ”You shall honour it (Shabbos) by… refraining from pursuing your affairs and from speaking profane things”. In some versions of the Siddur, this Posuk is quoted in the introductory verses to the Shabbos day Kiddush.
The sages[2] explain that “refraining from pursuing your affairs” (Mimetzo Chafatzecha) means that on Shabbos one is not allowed to do anything to procure or see to their affairs, even if one is not doing anything that violates a Melacha or other Shabbos prohibition.
This applies when the action of pursruing one’s affairs is being done in order to do something after Shabbos that would be forbidden to do on Shabbos itself, either Biblically or Rabbinically.
The Alter Rebbe[3] explains that the rationale behind the prohibition of Mimetzo Chafatzecha is that one is occupying themselves on Shabbos with something that would be forbidden to do on Shabbos. This is Zilzul Shabbos - cheapening or disgracing Shabbos.
Talmudic Examples
Rashi[4] cites an example found in Mesechta Eruvin[5], that on Shabbos one may not go into their field to see what work needs to be done after Shabbos.
Similarly, one may not wait at the edge of the city to be closer to the bathhouse in order to use it after Shabbos. The prohibition of Mimetzo Chafatzecha applies because one is preparing for bathing in hot water, which is an activity that is Rabbinically forbidden on Shabbos[6].
Another example brought by the Rishonim[7] is to walk inside the city for the purpose of finding a wagon or boat to hire after Shabbos. Hiring and travelling are both forbidden on Shabbos.
On Shabbos, one is not allowed to go beyond the Techum, a boundary that is 2000 Amos (approximately 1km) from the edge of the city. Under the prohibition of Mimetzo Chafatzecha, one may not walk to the edge of the Techum on Shabbos and wait there until Shabbos ends. Mimetzo Chafatzecha will only apply in this case, if one’s intention is to go beyond the Techum after Shabbos for a purpose that would be forbidden on Shabbos, such as hiring workers or cutting fruits[8].
Conditions for Mimetzo Chafatzecha
An action will only be forbidden because of Mimetzo Chafatzecha if it meets three conditions.
1. It must be preparing for something that is forbidden to do on Shabbos.
As discussed above, the prohibition only applies when the action being done on Shabbos is in preparation for something that would be forbidden to be done on Shabbos. If one’s intention is for something permissible, Mimetzo Chafatzecha will not apply, even if people will interpret it as being for a forbidden purpose[9].
2. It must be recognisable as being done for a forbidden purpose.
Even if one’s intention is for something forbidden, if the act of preparation could be interpreted as being for a permissible purpose, it will not violate Mimetzo Chafatzecha[10]. The Gemara’s case of walking in one’s field refers to a field which evidently needs ploughing or some other forbidden activity. As such, one’s visit to their field will be ‘recognisable’ as preparing to work the field after Shabbos.
The reason that waiting at the edge of the city to go to the bathhouse after Shabbos is forbidden, is because in Talmudic times the bathhouses were built on the outskirts of the city. Waiting at the edge of the city would make it ‘recognisable’ that their intention was to go to the bathhouse after Shabbos ended.
The example brought by the Rishonim of walking within the city to find a wagon or boat, only applies where it is recognisable that they are preparing to hire transport for after Shabbos. An example of this would be if one was walking around the port or in a known or designated wagon depot.
In other cases, walking in the city or to one’s field would be permissible, even if their intention was in order to prepare for something forbidden. Since there is nothing to indicate otherwise, people will simply assume that the individual is going for a walk.
The definition of what makes an action ‘recognisable’ as being for a forbidden purpose is determined by what the average person would assume. If the action would be ‘recognisable’ to the average person as being done to prepare for something forbidden, it will be forbidden as Mimetzo Chafatzecha, even if there are no people currently around to see it.
3. No Heter or permissible way exists to be able to do the forbidden thing on Shabbos itself.
A final condition is that if there would be a Heter that would enable the forbidden activity to be done on Shabbos itself in a permissible manner, Mimetzo Chafatzecha will not apply. This is so, even if the Heter exists only in theory but not in reality.
The best way to illustrate this is by example. Travelling to the end of the Techum to bring in merchandise after Shabbos is permissible. This is because if there would be walls, the carrying would be permissible on Shabbos. Even though the walls do not currently exist, the theoretical Heter that would apply if the walls did exist, means that Mimetzo Chafatzecha will not apply[11].
Modern-day Examples of Mimetzo Chafatzecha
Going into one’s office on Shabbos
Aruch Hashulchan[12] writes that on Shabbos one cannot go into their factory to see what is needed to be done during the week. The same would apply with any other business or office. Entering a home office would not be “recognisable” as being done for a forbidden purpose, unless one is looking at paperwork and the like[13]. If the room is only ever entered and used as an office, the prohibition will apply to going into a home office as well.
Taxi or bus stop
Walking towards a train station or to a taxi or bus stand on Shabbos, in order to leave straight after Shabbos, would be permissible provided that it is not recognisable that one is walking there in order to travel after Shabbos. Since it is within the city, it will be perceived as being a Shabbos walk. However, one may not enter or wait in the station or bus stop, as this would be recognisable as being for the purpose of travelling[14].
Window browsing
Shopping is forbidden on Shabbos. Therefore, one may not window browse on Shabbos if their intention is to buy and their window browsing is recognisable as being with the intention to buy. If one has no intention of buying it is permissible. However, one cannot read price tags or advertising materials due to a separate Rabbinic decree of Shtarei Hedyotos that restricts what may and may not be read on Shabbos.
Open-house inspections
Based on our discussion and examples, we can conclude that one may not enter an open-house inspection on Shabbos. Buying or renting a house is forbidden on Shabbos and therefore, entering a house on Shabbos to inspect it for this purpose violates Mimetzo Chafatzecha, as it is clearly recognisable as being for that purpose[15]. Technically, if one is just being curious and has absolutely no intention of buying, Mimetzo Chafatzecha will not apply as there is no intention to do something forbidden.
Reading “for sale” signs is forbidden under the prohibition of Shtarei Hedyotos, a Rabbinic decree that prohibits reading certain written materials on Shabbos. These laws are discussed in a later topic.
Exceptions
Since the Posuk which is the source of the law of Mimetzo Chafatzecha uses the term Chafatzecha – “Your affairs”, the sages derive that only ‘your’ affairs are forbidden, but ‘affairs of Heaven’ (Cheftzei Shamayim) are permissible. This refers to something that is being done for the sake of a Mitzvah or for the needs of the community[16].
Therefore, if the house purchase or rental is being done for a Mitzvah purpose, such as building a Shul, Beis Medrash or Mikva, Mimetzo Chaftzecha will not apply and one may technically inspect the property on Shabbos[17]. Similarly buying land in Eretz Yisroel from a non-Jew is also a Mitzvah, even if one is buying the property to be their own personal residence. In these cases, one would be able to attend inspections on Shabbos for this purpose[18].
Caveat
Even where Halachically permissible, it is prudent to bear in mind how one’s actions will appear and be interpreted by people who are not versed in the laws of Shabbos. This is especially so nowadays when unfortunately, many Jews are not yet Shomer Shabbos and may get the ‘wrong idea’ about the laws and spirit of Shabbos. One should consider the risk that their actions, even if permissible, may inadvertently lead to a cheapening or weakening of the observance of Shabbos.
_________________________
[1] Yishaya 58:13
[2] Shabbos 113a and 150a. The Acharonim discuss whether this Issur is Divrei Kabbalah or Rabbinic.
[3] Orach Chaim 306:5
[4] Shabbos 113a
[5] Eruvin 39a
[6] ibid
[7] Mordechai Shabbos 24:449. See Beis Yosef 306 and Ram”o 306:1
[8] Mishna 150a. Tur and Shulchan Aruch 306 and 307. See Alter Rebbe 307:3 in brackets, that the prohibition applies even if one is merely travelling towards the Techum on Shabbos but does not reach the edge.
[9] Aruch Hashulchan (306:5) explains that this is because the prohibition is not one of causing suspicion.
[10] This is derived from the principle in the Gemara דבור אסור הרהור מותר, that it is forbidden to speak about certain things on Shabbos, but not to think about them. We see from this that we are only concerned for things that are recognisable like the spoken word, as opposed to hidden thoughts.
[11] For an explanation why a theoretical Heter suffices, see Shulchan Aruch Harav 307:15
[12] 306:3
[13] Additionally, this would violate a Rabbinic decree of שטרי הדיוטות which restricts reading materials on Shabbos,
[14] See Shemiras Shabbos Kehilchasa volume 3
[15] See Badei Hashulchan 107:5
[16] See Talmud Shabbos 150a and Shulchan Aruch 306
[17] The same would apply to a Shaliach who is buying or renting a property in an area for the purpose of Kiruv, where the house would be used as a centre for Shiurim, hosting Shabbos meals and the like.
[18] Shemiras Shabbos Kehilchasa 29
When discussing the day of Shabbos, the prophet Yishaya says[1] ”You shall honour it (Shabbos) by… refraining from pursuing your affairs and from speaking profane things”. In some versions of the Siddur, this Posuk is quoted in the introductory verses to the Shabbos day Kiddush.
The sages[2] explain that “refraining from pursuing your affairs” (Mimetzo Chafatzecha) means that on Shabbos one is not allowed to do anything to procure or see to their affairs, even if one is not doing anything that violates a Melacha or other Shabbos prohibition.
This applies when the action of pursruing one’s affairs is being done in order to do something after Shabbos that would be forbidden to do on Shabbos itself, either Biblically or Rabbinically.
The Alter Rebbe[3] explains that the rationale behind the prohibition of Mimetzo Chafatzecha is that one is occupying themselves on Shabbos with something that would be forbidden to do on Shabbos. This is Zilzul Shabbos - cheapening or disgracing Shabbos.
Talmudic Examples
Rashi[4] cites an example found in Mesechta Eruvin[5], that on Shabbos one may not go into their field to see what work needs to be done after Shabbos.
Similarly, one may not wait at the edge of the city to be closer to the bathhouse in order to use it after Shabbos. The prohibition of Mimetzo Chafatzecha applies because one is preparing for bathing in hot water, which is an activity that is Rabbinically forbidden on Shabbos[6].
Another example brought by the Rishonim[7] is to walk inside the city for the purpose of finding a wagon or boat to hire after Shabbos. Hiring and travelling are both forbidden on Shabbos.
On Shabbos, one is not allowed to go beyond the Techum, a boundary that is 2000 Amos (approximately 1km) from the edge of the city. Under the prohibition of Mimetzo Chafatzecha, one may not walk to the edge of the Techum on Shabbos and wait there until Shabbos ends. Mimetzo Chafatzecha will only apply in this case, if one’s intention is to go beyond the Techum after Shabbos for a purpose that would be forbidden on Shabbos, such as hiring workers or cutting fruits[8].
Conditions for Mimetzo Chafatzecha
An action will only be forbidden because of Mimetzo Chafatzecha if it meets three conditions.
1. It must be preparing for something that is forbidden to do on Shabbos.
As discussed above, the prohibition only applies when the action being done on Shabbos is in preparation for something that would be forbidden to be done on Shabbos. If one’s intention is for something permissible, Mimetzo Chafatzecha will not apply, even if people will interpret it as being for a forbidden purpose[9].
2. It must be recognisable as being done for a forbidden purpose.
Even if one’s intention is for something forbidden, if the act of preparation could be interpreted as being for a permissible purpose, it will not violate Mimetzo Chafatzecha[10]. The Gemara’s case of walking in one’s field refers to a field which evidently needs ploughing or some other forbidden activity. As such, one’s visit to their field will be ‘recognisable’ as preparing to work the field after Shabbos.
The reason that waiting at the edge of the city to go to the bathhouse after Shabbos is forbidden, is because in Talmudic times the bathhouses were built on the outskirts of the city. Waiting at the edge of the city would make it ‘recognisable’ that their intention was to go to the bathhouse after Shabbos ended.
The example brought by the Rishonim of walking within the city to find a wagon or boat, only applies where it is recognisable that they are preparing to hire transport for after Shabbos. An example of this would be if one was walking around the port or in a known or designated wagon depot.
In other cases, walking in the city or to one’s field would be permissible, even if their intention was in order to prepare for something forbidden. Since there is nothing to indicate otherwise, people will simply assume that the individual is going for a walk.
The definition of what makes an action ‘recognisable’ as being for a forbidden purpose is determined by what the average person would assume. If the action would be ‘recognisable’ to the average person as being done to prepare for something forbidden, it will be forbidden as Mimetzo Chafatzecha, even if there are no people currently around to see it.
3. No Heter or permissible way exists to be able to do the forbidden thing on Shabbos itself.
A final condition is that if there would be a Heter that would enable the forbidden activity to be done on Shabbos itself in a permissible manner, Mimetzo Chafatzecha will not apply. This is so, even if the Heter exists only in theory but not in reality.
The best way to illustrate this is by example. Travelling to the end of the Techum to bring in merchandise after Shabbos is permissible. This is because if there would be walls, the carrying would be permissible on Shabbos. Even though the walls do not currently exist, the theoretical Heter that would apply if the walls did exist, means that Mimetzo Chafatzecha will not apply[11].
Modern-day Examples of Mimetzo Chafatzecha
Going into one’s office on Shabbos
Aruch Hashulchan[12] writes that on Shabbos one cannot go into their factory to see what is needed to be done during the week. The same would apply with any other business or office. Entering a home office would not be “recognisable” as being done for a forbidden purpose, unless one is looking at paperwork and the like[13]. If the room is only ever entered and used as an office, the prohibition will apply to going into a home office as well.
Taxi or bus stop
Walking towards a train station or to a taxi or bus stand on Shabbos, in order to leave straight after Shabbos, would be permissible provided that it is not recognisable that one is walking there in order to travel after Shabbos. Since it is within the city, it will be perceived as being a Shabbos walk. However, one may not enter or wait in the station or bus stop, as this would be recognisable as being for the purpose of travelling[14].
Window browsing
Shopping is forbidden on Shabbos. Therefore, one may not window browse on Shabbos if their intention is to buy and their window browsing is recognisable as being with the intention to buy. If one has no intention of buying it is permissible. However, one cannot read price tags or advertising materials due to a separate Rabbinic decree of Shtarei Hedyotos that restricts what may and may not be read on Shabbos.
Open-house inspections
Based on our discussion and examples, we can conclude that one may not enter an open-house inspection on Shabbos. Buying or renting a house is forbidden on Shabbos and therefore, entering a house on Shabbos to inspect it for this purpose violates Mimetzo Chafatzecha, as it is clearly recognisable as being for that purpose[15]. Technically, if one is just being curious and has absolutely no intention of buying, Mimetzo Chafatzecha will not apply as there is no intention to do something forbidden.
Reading “for sale” signs is forbidden under the prohibition of Shtarei Hedyotos, a Rabbinic decree that prohibits reading certain written materials on Shabbos. These laws are discussed in a later topic.
Exceptions
Since the Posuk which is the source of the law of Mimetzo Chafatzecha uses the term Chafatzecha – “Your affairs”, the sages derive that only ‘your’ affairs are forbidden, but ‘affairs of Heaven’ (Cheftzei Shamayim) are permissible. This refers to something that is being done for the sake of a Mitzvah or for the needs of the community[16].
Therefore, if the house purchase or rental is being done for a Mitzvah purpose, such as building a Shul, Beis Medrash or Mikva, Mimetzo Chaftzecha will not apply and one may technically inspect the property on Shabbos[17]. Similarly buying land in Eretz Yisroel from a non-Jew is also a Mitzvah, even if one is buying the property to be their own personal residence. In these cases, one would be able to attend inspections on Shabbos for this purpose[18].
Caveat
Even where Halachically permissible, it is prudent to bear in mind how one’s actions will appear and be interpreted by people who are not versed in the laws of Shabbos. This is especially so nowadays when unfortunately, many Jews are not yet Shomer Shabbos and may get the ‘wrong idea’ about the laws and spirit of Shabbos. One should consider the risk that their actions, even if permissible, may inadvertently lead to a cheapening or weakening of the observance of Shabbos.
_________________________
[1] Yishaya 58:13
[2] Shabbos 113a and 150a. The Acharonim discuss whether this Issur is Divrei Kabbalah or Rabbinic.
[3] Orach Chaim 306:5
[4] Shabbos 113a
[5] Eruvin 39a
[6] ibid
[7] Mordechai Shabbos 24:449. See Beis Yosef 306 and Ram”o 306:1
[8] Mishna 150a. Tur and Shulchan Aruch 306 and 307. See Alter Rebbe 307:3 in brackets, that the prohibition applies even if one is merely travelling towards the Techum on Shabbos but does not reach the edge.
[9] Aruch Hashulchan (306:5) explains that this is because the prohibition is not one of causing suspicion.
[10] This is derived from the principle in the Gemara דבור אסור הרהור מותר, that it is forbidden to speak about certain things on Shabbos, but not to think about them. We see from this that we are only concerned for things that are recognisable like the spoken word, as opposed to hidden thoughts.
[11] For an explanation why a theoretical Heter suffices, see Shulchan Aruch Harav 307:15
[12] 306:3
[13] Additionally, this would violate a Rabbinic decree of שטרי הדיוטות which restricts reading materials on Shabbos,
[14] See Shemiras Shabbos Kehilchasa volume 3
[15] See Badei Hashulchan 107:5
[16] See Talmud Shabbos 150a and Shulchan Aruch 306
[17] The same would apply to a Shaliach who is buying or renting a property in an area for the purpose of Kiruv, where the house would be used as a centre for Shiurim, hosting Shabbos meals and the like.
[18] Shemiras Shabbos Kehilchasa 29