Based on the previous shiur it appears that hinting is
totally permitted before Shabbos.
It
is far more problematic. Although the hinting in this
manner takes care of the ‘instructing’ issue it does not
deal with the actual melacha the gentile is
performing for the Jew on Shabbos. In certain cases one
need not prevent the gentile from performing certain
melachos and in other instances one must prevent and
protest even though the gentile is doing it on his/her
own accord.
To
summarize the manner of speech:
To
instruct directly is ossur on Shabbos, before or
after Shabbos.
One
may hint directly before or after Shabbos (without
taking the action itself into account and whether it
needs to be prevented) but not on Shabbos itself.
There are cases where hinting is permissible on
Shabbos, and we will discuss it in future shiurim.
When
must the gentile be prevented from doing a melacha and
when not?
This
section must be divided into two. The first part deals
with direct benefit and the second deals with indirect
benefit.
The
first part is clear-cut and simple.
It
might happen that a gentile wishes to do a favor for his
Jewish friend and when he sees that he is sitting in the
dark he wants to turn on the light for him. Making use
of a light is direct benefit and one must protest when
one sees that a gentile is about to turn on the light
for one’s sake.
Does
this apply in the gentile’s house or only in the Jew’s
house?
One
needs to protest in one’s own house but not in the
gentile’s house.
Does
that mean that the Jew may benefit from a light turned
on in a gentile’s home?
If
the gentile turned on the light for the Jew’s sake, the
Jew may not derive benefit from it regardless of where
they are. The only difference is that the Jew need not
protest when he sees that the gentile is about to turn
on the light for his sake.
For example, a Jew is staying in a non-Jewish hotel in
chutz la’aretz for Shabbos and the room-service
‘kindly’ comes into his room and turns on the light. The
Jew may not benefit from that light.
What
then is the Jew to do? Must he leave the room?
Chazal
did not require that one leave the room or the house in
such a case,
but one may not do anything that could not have been
done without the light. If the room was dark to the
extent that reading was impossible one may not read with
the new light. However, it makes sense that one need not
shut one’s eyes, and if one had to grope one’s way in
order to find the bed or the door one need not shut
one’s eyes to revert the situation as if there was no
light.
What
if it was possible to read before the gentile turned on
the light but it is now more comfortable than before?
One
may continue to read because the additional light is
negligible and is not considered as if the gentile added
light to the room.
How
would this apply to air conditioning?
One
may not instruct a gentile to turn on the a/c unit nor
may one hint in that direction.
However, if the gentile did turn it on, although one
need not leave the room one may not derive any benefit
from it either. Therefore possibly one may not shut the
windows in order to trap the cool air nor do any
intentional action to enhance the enjoyment of the cool
air.
What
is indirect benefit?
The
second part deals with indirect benefit and it is far
more complicated.
An
example of indirect benefit is turning out lights in
order to able one to sleep. Turning the lights off is an
indirect action even though without him doing so the Jew
would not have been able to sleep in that room. One can
argue and say that after all he is enabling him to do
something that he could not have done; nevertheless it
is not direct gain, only indirect. Removing the lights
from the room enables one to sleep but the gentile did
not ‘give’ the Jew anything, he merely removed the
disturbance.
May
one hint to a gentile to do something that involves
indirect benefit?
This
is the complicated part, because on the one hand one is
not ‘receiving’ anything from the gentile but on the
other hand the gentile is doing a melacha in the
Jew’s house for the Jew’s sake.
To
instruct the gentile is definitely ossur because
one may not instruct him to do a melacha, even if
the melacha is only to be done after Shabbos all
the more so on Shabbos. The question is whether one may
hint.
For
example, “I cannot sleep with so much light in the
room”. This is an indirect hint. After one has removed
the cholent from the stove or from the hot plate
one might say “we no longer need the use of the blech
or hot plate”.
Everyone agrees though that the following is ossur:
“it would be nice if you would turn off the hotplate”,
or “whoever turns off the lights will profit”, because
this is a direct hint.
May
a person say “I cannot sleep with the lights on,” in the
hope that a gentile will switch the lights off?
This
is a very common situation and many people in different
places are accustomed to a certain p’sak. It is
not our intention to alter that, but to merely present
different halachic views.
The
underlying point is that when a person says that “I
cannot sleep with the lights on,” one is not instructing
a gentile to switch off the lights rather than stating a
fact in the hope that the gentile will understand the
hint.
Another point is that the Jew is not benefiting directly
from the actions of the gentile, which ostensibly is
another reason to permit it.