More Discussions for this daf
1. Non-Jew working on Shabbos 2. The "Shabbos Goy" 3. A delivery by a Gentile arriving on Shabbos
4. Tosfos D"H "v'Im" 5. last tosfos on 122b 6. The Third Tosfos on the Mishnah
7. רש״י ד״ה אם רוב ישראל אסור
DAF DISCUSSIONS - SHABBOS 122

Jeff Ram asked:

In our gemara, Shmuel changed his mind (regarding using the lamp that the gentile lit), and made use of the lamp, but only when he saw the gentile bring his own document to read it by the light of the lamp. It seems because only then he knew that the gentile had lit it for himself. The RAN seems to say that a Jew won't go around with a goy on Shabbos to direct him to do melacha for him. If a goy will light for himself, so a Jew can use HIS (the goy's) light.

I'm having trouble understanding how the the Jews in Europe made use of the melacha of a "Shabbos goy". My understanding of how it worked in those days is; the gentile would come into the house of the Jew in the cold weather, and light the fire so the Jewish family would keep warm, and the gentile would immediately leave; besides the fact that everyone seemed to understand that this gentile was doing the melacha ONLY for the benefit of the Jewish family, by leaving immediately, he also was demonstrating that he personally wasn't at all interested in the results of his melacha (warmth from the fire or light to read by). Aren't the cases of the "Shabbos goy" in in Europe very similar to the case of Shmuel in our gemara?

In our shiur, men who were in Europe themselves in those times, and others, whose parents or grandparents talked about the situation as it existed there, seemed to say that even though the gentile came into the Jew's house and received no personal benefit from the light of the lamps or the heat of the fire, everyone was familiar wih this gentile & the entire Jewish community knew very well what he was doing. In fact, gentile families passed down the "job" of "Shabbos goy" in the various towns from generation to generation.

Therefore, are the cases in Europe different somehow, because the gezeira of "amira l'nochri" didn't operate in the same way? In Europe, where everyone knew very well what the gentile was doing, there is no chashash the Jew will come to do it himself.

I also puzzled in the same way regarding the common practice of shuls (I'm familiar with the cases in America) that have an employee whose job is to be the "Shabbos goy". I've often heard how he is instructed (often by the Rabbi of the shul, who should know these particular halochos very well) before Shabbos exactly what to do and when to do it, from turning on the lights in the Beis K'neses before davening, to turning them off after davening, to preparing items to be served for kiddush, etc. It seems to me that these instructions are precisely the areas that would be prohibited. Ilan Segal, wrote a beautiful answer [his paragraph 2. (b) 3.] in the Daf Yomi Discussion List regarding "Hinting" to a non-Jew to do melacha, and he followed that explanation by quoting the Rama, who describes the prevalent minhag of telling non-Jews to light lamps for the Shabbos meal (relying on the Ba'al HaTur, a singular opinion).

I'm confused and hoping you could shed additional light (no pun intended) on this subject.

warm regards,

Jeff Ram

The Kollel replies:

Good question. Your question is also related to the concept of "Meleches Nochri," when a gentile does a Melachah for a Jew on Shabbos (either he does it because he sees by himself that the Jew needs it, or because the Jew told him to do it before Shabbos.).

The answer to your question seems to be the Ba'al ha'Itur which you mentioned. The Ba'al ha'Itur ruled that it is permissible to benefit from Melachah performed by a gentile, even if he did it solely for the Jew, if it is for the sake of Oneg Shabbos -- to provide light for the Shabbos meal. Because of the circumstances of the Jews in Europe, apparently the Rabanim permitted the people to rely on this minority opinion. This also seems to be the Hetter that many synagogues in America rely on when they ask a gentile employee (Willy) to turn on the lights in the Shul before Davening; they follow the opinion of the Ba'al ha'Itur that permits benefiting from the Melachah done by a gentile on Shabbos when it is for the sake of a Mitzvah.

All the best,

Y. SHAW

The Kollel adds:

Dear Rabbi Kornfeld

In regard to the shabbos goy in europe:

He lit the oven for heating purposes, which is permissible since hakol cholim eitzel tzinah.

Regarding having a goy take care of the lights in the shule on Shabbos: The best and proper solution is to install a shabbos clock. Using a goy is definitely problomatic and in each case a Rav must be consulted.

(I was in a choshuv shule in NY where a goy was called in after davening to extinguish the lights. When I protested to the Rav, he told me that he also forbade it, but the people in charge don't listen to him.)

Just for the record the concept of "Hinting to the Goy" is a very sad myth. In most cases not only is hinting forbidden, but even if the goy does it on his own, the Jew must stop him. In other cases where hinting is permissible, so is directly telling the goy. There are very few cases where hinting is permissible, and telling the goy is forbidden.

Yehuda Landy

P.S. I'd like to mention to seforim dealing exclusively with the subject "Amira l"aku"m.

1) The Sanctity of Shabbos (English) (I think it was written by Rabbi Dovid Cohen).

2) Melachim Omnayich (Hebrew), written by Rav Yitzchak Zilbershtein from Bnei Brak.

Y.L.

Barry Leff commented:

Actually, the situation in Europe was a different one from the lights here. We are permitted to ask a gentile to do work for someone who is sick, not in life-danger. The Chazal say that "Everyone is considered sick when it comes to the cold" so lighting the oven to heat the house is a purely permissible activity. Turning on lights is a different story.

The Kollel replies:

Thank you for bringing that point to our attention. We inadvertently overlooked that detail in Mr. Ram's question and only addressed the part of his question concerning the gentile kindling the "light to read by."

Daniel Balsam commments:

For the record, "The Sanctity of Shabbos" is written by Rabbi Simcha Bunim Cohen. Regarding calling in a non-Jew to turn off the lights, if it's done through a hint, wouldn't it be permissible? After all, you're not directly benefiting from the melacha (as opposed to when the non-Jew turns on a light for a Jew). Looking forward to your response.

Daniel Balsam

The Kollel replies:

Thank you, and the others who wrote in, for pointing out to us the author of "The Sanctity of Shabbos."

Regarding hinting to a gentile to do Melachah, even when you hint to him to do Melachah for you, it is prohibited in most cases as Rabbi Landy wrote, because he is doing it for the Jew, and even if he decided to do it on his own without you even hinting to him, it is forbidden to benefit from Melachah done by a gentile for a Jew on Shabbos, as is clear from the Sugya in the Gemara here. See the REMA in OC 307:22, who states clearly that it is forbidden to hint to a gentile to do Melachah for you on Shabbos.

Take care!

Heshy F. asked:

... The question I wondered was, frequently the "goy" called was often rewarded with a token reward (a piece of fruit or a sugar cube). I would assume this is being done so that the "goy" knowing he will get some type of payment is actually doing it for himself. Does this make it better or is it then become problematic as he is receiving payment for work on shabbos?

Heshy F.

NYC

The Kollel replies:

When we refer to a gentile doing Melachah for himself, the implication is that the one benefitting from the Melachah done is the gentile. A reward or payment would have to be only an indirect result of his having done Melachah for you.

SHEMIRAS SHABBOS KE'HILCHASA (30:29) writes that it is permitted to give a non-monetary reward, such as a piece of cake, for work done on Shabbos. He cites the Mishnah Berurah in OC 537:45 as his source.

Ilan

Benjie Gerstman asked:

I once was told that another Heter that some people rely on for a Goy heating up food on Shabbos, even liquid, is a Birkei Yosef quoted in the Biur Halacha at end of Siman 253. What are the exact parameters of this Kula?

Benjie Gerstman

The Kollel replies:

The SHULCHAN ARUCH (OC 307:5) rules that one may instruct a gentile to do an Isur d'Rabanan in a case of great need or for the purpose of a Mitzvah. The BI'UR HALACHAH (OC 253, DH Le'hachem Kedeirah) discusses this view.

Since Chazarah is an Isur d'Rabanan, some authorities permit telling a gentile to place fully cooked food on the stove in order to heat it up. This is provided that no Isur d'Oraisa is involved. If the food is solid then Ein Bishul Achar Bishul and the only issue is one of Chazarah, and therefore a gentile may be told to warm it up. The Bi'ur Halachah writes that "le'Tzorech Shabbos Yesh Lismoch Alav le'Hakel," for the sake of Shabbos one may rely on this lenient opinion.

It would seem from this that if the food is a cold liquid, since we rule that Yesh Bishul Achar Bishul for liquids, it would be forbidden to tell a gentile to warm it up. However, the BIRKEI YOSEF ruled that even a cold liquid could be warmed by a gentile as long as it was placed next to the stove, and not on the stove. He relies on those Poskim who rule Ein Bishul Achar Bishul for liquids. The Bi'ur Halachah writes that if it is necessary for Shabbos and there is no other solution, then one may rely on this Birkei Yosef.

Ilan

Mark Bergman commented:

1) There are two types of hint: one in the form of a command (Remez derech tzivuy) e.g. "Why didn't you open my letter last week", and one a simpler hint (forget the technical term), e.g. "I am not allowed to open letters today" - the former is worse.

2) I learnt that the Issue to benefit from Melochoch (where there was only a hint and not tzivuy) is only by a positive benefit such as a light being put ON etc, and not a "negative benefit" such as switching a light off ("Guf Yisroel Neheneh Mimena") or switching a freezer on to prevent food defrosting [we actually had such a case a couple of years ago where the freezer plug was pulled out; our Rov pasked it was mutar to hint to a non-Jew].

Mark Bergman

The Kollel replies:

1) In the original response dealing with the "Shabbos goy" we outlined three methods of instructing a gentile: direct instruction, indirect instruction, and hinting. Indirect instruction is a hint which implies a command, or what you termed a direct hint.

2) That is correct. If there is no direct benefit from the Melachah done by the gentile, then hinting is allowed, as in the example of telling a gentile that it is too light to sleep in your room and he extinguishes the lights.

Ilan