Paying the Baal Tefillah and the Baal Tokeia for Work done on Yomtov
In many communities, it is common practise that the Chazzanim and Baal Tokeia for the Yomim Noraim receive payments for their services. In light of the Halocha that one is not allowed to be paid for work performed on Shabbos and Yomtov, the Poskim address this practise and how it is acceptable.
Schar Shabbos – Shabbos earnings
It is forbidden to be paid for work or services performed on Shabbos, even if the work activity is not of a forbidden nature itself. This is referred to as Schar Shabbos (Shabbos earnings) and is categorically forbidden Miderabonon, unless it is paid in a halachically permissible manner as we will discuss. This Rabbinic prohibition is an extension of the Gezeira against doing business on Shabbos due to the concern that it may lead to writing on Shabbos, which is a Biblical violation[1].
Other cases in which this issue applies is when paying a babysitter or Jewish domestic helper or any other service provider for service performed on Shabbos. The prohibition of receiving Schar Shabbos also applies where no work is actually being done, for example payment for daily-rate car rentals or hotel rooms.
There is a discussion whether the prohibition of Schar Shabbos is on the payer or on the recipient i.e. not to receive payment for work or services performed on Shabbos. The practical difference would be paying a non-Jew for services performed on Shabbos. Most authorities rule that the prohibition is on receiving payment and is therefore limited to paying Jews.
Nonetheless, the Mishna Berura writes that a Jew who pays Schar Shabbos to a fellow Jew would be in violation of לפני עור, placing a stumbling block before the blind, by causing someone to transgress these laws by accepting Schar Shabbos[2].
For performing a Mitzvah
The case of a Chazzan introduces a new factor, since the service and associated payment is for the fulfillment of a Mitzvah. This would also be the case for a Baal Koreh, Kashrus Mashgiach or Youth Director who works on Shabbos. We find that certain Rabbinic Shabbos injunctions were not applied in the case of a Mitzvah. Whether this allowance applies to Schar Shabbos is a debate amongst the Rishonim and Halachic codifiers.
The Gemora[3] says that a Meturgeman (the one who would ‘broadcast’ the shiur delivered by a sage on Shabbos) will not see a sign of blessing from his payment.
This ruling is understood by the Rishonim in two different ways, giving rise to two differing opinions. One understanding is that his Schar Shabbos is technically allowed because the work is for the purpose of a Mitzvah, but since it is not ideal, he won’t see any blessing from it. Alternatively, the Talmud’s intent could be to rule that the Meturgeman’s payment is actually forbidden.
The Halocha of receiving Schar Shabbos for a Mitzvah is brought in the Shulchan Aruch in two places. In the laws of Shabbos, the Shulchan Aruch[4] brings both of the opinions.
In the laws of Rosh Hashona, the Shulchan Aruch quotes the Gemora that one who receives payment for blowing the Shofar will not see a sign of blessing from his payment, without clarification[5].
In Hilchos Shabbos, the Alter Rebbe also brings both opinions without making a conclusion. However, in the Halachos of Rosh Hashona, the Alter Rebbe rules that it is forbidden to take payment for blowing the Shofar on Rosh Hashona, even if he was hired to do so before Yomtov[6].
The Tur laments how the Sefardim would shy away from the awesome Mitzvah of Tekiyos, leaving their communities with no choice other than to hire and pay someone to blow for them, thereby violating Schar Shabbos.
Permissible methods of paying
Even according to the stricter opinions, the Poskim bring a number of methods through which the payment can be made in a Halachically acceptable manner.
One of the ways in which a person may receive payment for Shabbos services, is if it is paid Behavlaa - by being included together as a package with payment for weekday services. For example, if someone is paid for a full month or week’s work, which would naturally include Shabbos. The rationale is that since the Shabbos payment is not recognisable on its own, it is permissible[7].
This payment method would be affective in circumventing all Schar Shabbos issues, even if the work performed was not for a Mitzvah. The method of Havlaa is permitted even if the primary work, or the bulk of work was on Shabbos[8].
The proviso on the Havlaa arrangement is that it must be genuine. For example, the worker would be paid for a full week if contracted per week, even if they pulled out from the Shabbos job. Additionally, one cannot specify a daily rate or the Shabbos proportion. For example, one cannot say “I will pay you $700 per week which is $100 per day”, since the Shabbos payment is now being specified by itself.
To apply Havlaa in the case of a Yomtov Chazzan, the Shulchan Aruch advises that the Chazzan also be hired to Daven at other times during the year (obviously referring to weekdays since Shabbos or Yomtov Davening would not help) and be paid a total all-inclusive figure for everything.
The Acharonim[9] qualify that the weekday Davening must be a Tefillah Chashuva, which is worthy of being paid for, such as the first night of Selichos. Similarly, a Rosh Hashona Baal Tokeia should be paid Behavlaa, for also blowing the Shofar during the month of Elul.
A variation of the Havlaa arrangement is to pay the Chazzan or Baal Tokeia for their practising time[10].
The Tehillah LeDovid[11] makes the following suggestion instead of Havlaa. Before Yomtov, the Shul should give a loan to the Chazzan. Instead of receiving payment for Davening on Yomtov, a deduction is made against the loan. This is based on the Magen Avraham[12] who suggests that this would be permissible. Since no salary is actively being paid, it does not appear as Schar Shabbos.
Shaarei Teshuvah[13] recommends that the payment be given in the form of a gift of thanks. This would only work where no payment arrangement was agreed to in advance of the services being performed.
The Zohar teaches that a Mitzvah is more cherished when it is paid for. The Shulchan Aruch[14] also prefers a paid Chazzan over a volunteer. It is recorded[15] that many Gedolim would be careful to ensure that the Chazzan receive payment for their Davening.
By paying in one of the permissible methods described above this benefit can be achieved, without compromising the Halachos of Shabbos.
[1] Shulchan Aruch Harav 306:8 and 306:4
[2] This appears to be the view of the Alter Rebbe in Simon 306:11, where he writes that the reason it is forbidden to hire a Chazzan is because he is forbidden from taking Schar Shabbos.
[3] Pesachim 50b
[4] Orach Chayim 306:5
[5] Orach Chayim 585:5. The Magen Avraham understands the Mechaber to be following the lenient view that technically it is permissible. The Pri Chodosh disputes this interpretation.
[6] In 526:14 the Alter Rebbe rules that since there is the lenient opinion to rely on, one should not protest someone who does accept payment.
[7] Shulchan Aruch Harav 243:11
[8] This is based on the rationale as explained by the Alter Rebbe above. The Aruch Hashulchan remains with a question whether Havlaa would work in this situation.
[9] Shemiras Shabbos Kehilchaso 28:(145)
[10] Aruch Hashulchan 306
[11] 306:7
[12] Orach Chaim 306:7 as explained by the Machatzis Hashekel. See Rabbi Akiva Eiger who limits the leniency of deducting from a pre-existing obligation to the case of a monetary penalty (Knas) but not to a normative loan.
[13] Orach Chayim 306:5
[14] Orach Chayim 53:22
[15] Teshuvos Vehanhogos 2:279
Schar Shabbos – Shabbos earnings
It is forbidden to be paid for work or services performed on Shabbos, even if the work activity is not of a forbidden nature itself. This is referred to as Schar Shabbos (Shabbos earnings) and is categorically forbidden Miderabonon, unless it is paid in a halachically permissible manner as we will discuss. This Rabbinic prohibition is an extension of the Gezeira against doing business on Shabbos due to the concern that it may lead to writing on Shabbos, which is a Biblical violation[1].
Other cases in which this issue applies is when paying a babysitter or Jewish domestic helper or any other service provider for service performed on Shabbos. The prohibition of receiving Schar Shabbos also applies where no work is actually being done, for example payment for daily-rate car rentals or hotel rooms.
There is a discussion whether the prohibition of Schar Shabbos is on the payer or on the recipient i.e. not to receive payment for work or services performed on Shabbos. The practical difference would be paying a non-Jew for services performed on Shabbos. Most authorities rule that the prohibition is on receiving payment and is therefore limited to paying Jews.
Nonetheless, the Mishna Berura writes that a Jew who pays Schar Shabbos to a fellow Jew would be in violation of לפני עור, placing a stumbling block before the blind, by causing someone to transgress these laws by accepting Schar Shabbos[2].
For performing a Mitzvah
The case of a Chazzan introduces a new factor, since the service and associated payment is for the fulfillment of a Mitzvah. This would also be the case for a Baal Koreh, Kashrus Mashgiach or Youth Director who works on Shabbos. We find that certain Rabbinic Shabbos injunctions were not applied in the case of a Mitzvah. Whether this allowance applies to Schar Shabbos is a debate amongst the Rishonim and Halachic codifiers.
The Gemora[3] says that a Meturgeman (the one who would ‘broadcast’ the shiur delivered by a sage on Shabbos) will not see a sign of blessing from his payment.
This ruling is understood by the Rishonim in two different ways, giving rise to two differing opinions. One understanding is that his Schar Shabbos is technically allowed because the work is for the purpose of a Mitzvah, but since it is not ideal, he won’t see any blessing from it. Alternatively, the Talmud’s intent could be to rule that the Meturgeman’s payment is actually forbidden.
The Halocha of receiving Schar Shabbos for a Mitzvah is brought in the Shulchan Aruch in two places. In the laws of Shabbos, the Shulchan Aruch[4] brings both of the opinions.
In the laws of Rosh Hashona, the Shulchan Aruch quotes the Gemora that one who receives payment for blowing the Shofar will not see a sign of blessing from his payment, without clarification[5].
In Hilchos Shabbos, the Alter Rebbe also brings both opinions without making a conclusion. However, in the Halachos of Rosh Hashona, the Alter Rebbe rules that it is forbidden to take payment for blowing the Shofar on Rosh Hashona, even if he was hired to do so before Yomtov[6].
The Tur laments how the Sefardim would shy away from the awesome Mitzvah of Tekiyos, leaving their communities with no choice other than to hire and pay someone to blow for them, thereby violating Schar Shabbos.
Permissible methods of paying
Even according to the stricter opinions, the Poskim bring a number of methods through which the payment can be made in a Halachically acceptable manner.
One of the ways in which a person may receive payment for Shabbos services, is if it is paid Behavlaa - by being included together as a package with payment for weekday services. For example, if someone is paid for a full month or week’s work, which would naturally include Shabbos. The rationale is that since the Shabbos payment is not recognisable on its own, it is permissible[7].
This payment method would be affective in circumventing all Schar Shabbos issues, even if the work performed was not for a Mitzvah. The method of Havlaa is permitted even if the primary work, or the bulk of work was on Shabbos[8].
The proviso on the Havlaa arrangement is that it must be genuine. For example, the worker would be paid for a full week if contracted per week, even if they pulled out from the Shabbos job. Additionally, one cannot specify a daily rate or the Shabbos proportion. For example, one cannot say “I will pay you $700 per week which is $100 per day”, since the Shabbos payment is now being specified by itself.
To apply Havlaa in the case of a Yomtov Chazzan, the Shulchan Aruch advises that the Chazzan also be hired to Daven at other times during the year (obviously referring to weekdays since Shabbos or Yomtov Davening would not help) and be paid a total all-inclusive figure for everything.
The Acharonim[9] qualify that the weekday Davening must be a Tefillah Chashuva, which is worthy of being paid for, such as the first night of Selichos. Similarly, a Rosh Hashona Baal Tokeia should be paid Behavlaa, for also blowing the Shofar during the month of Elul.
A variation of the Havlaa arrangement is to pay the Chazzan or Baal Tokeia for their practising time[10].
The Tehillah LeDovid[11] makes the following suggestion instead of Havlaa. Before Yomtov, the Shul should give a loan to the Chazzan. Instead of receiving payment for Davening on Yomtov, a deduction is made against the loan. This is based on the Magen Avraham[12] who suggests that this would be permissible. Since no salary is actively being paid, it does not appear as Schar Shabbos.
Shaarei Teshuvah[13] recommends that the payment be given in the form of a gift of thanks. This would only work where no payment arrangement was agreed to in advance of the services being performed.
The Zohar teaches that a Mitzvah is more cherished when it is paid for. The Shulchan Aruch[14] also prefers a paid Chazzan over a volunteer. It is recorded[15] that many Gedolim would be careful to ensure that the Chazzan receive payment for their Davening.
By paying in one of the permissible methods described above this benefit can be achieved, without compromising the Halachos of Shabbos.
[1] Shulchan Aruch Harav 306:8 and 306:4
[2] This appears to be the view of the Alter Rebbe in Simon 306:11, where he writes that the reason it is forbidden to hire a Chazzan is because he is forbidden from taking Schar Shabbos.
[3] Pesachim 50b
[4] Orach Chayim 306:5
[5] Orach Chayim 585:5. The Magen Avraham understands the Mechaber to be following the lenient view that technically it is permissible. The Pri Chodosh disputes this interpretation.
[6] In 526:14 the Alter Rebbe rules that since there is the lenient opinion to rely on, one should not protest someone who does accept payment.
[7] Shulchan Aruch Harav 243:11
[8] This is based on the rationale as explained by the Alter Rebbe above. The Aruch Hashulchan remains with a question whether Havlaa would work in this situation.
[9] Shemiras Shabbos Kehilchaso 28:(145)
[10] Aruch Hashulchan 306
[11] 306:7
[12] Orach Chaim 306:7 as explained by the Machatzis Hashekel. See Rabbi Akiva Eiger who limits the leniency of deducting from a pre-existing obligation to the case of a monetary penalty (Knas) but not to a normative loan.
[13] Orach Chayim 306:5
[14] Orach Chayim 53:22
[15] Teshuvos Vehanhogos 2:279