May I give a gift on Shabbos or Yom Tov?
The problem with giving and receiving gifts on Shabbos and Yom Tov is
that it is similar to selling an item because of the transaction
involved.
Accordingly therefore one would be forbidden to give a Bar Mitzvah
present on Shabbos, or when invited out for Shabbos one must not present
a gift to the host, unless done in the manner prescribed below.
Obviously we are talking about a case where one may carry on Shabbos,
i.e. within a kosher
eiruv.
Is there not a heter to give a gift for the
sake of Shabbos?
It
is more than that. There is a heter to give a gift on Shabbos for
the sake of a mitzvah or when it is necessary on Shabbos. The
Shulchan Aruch
brings such a case: we know that the halacha is that a k’li
that is used for food and that was purchased from a gentile may not be
used unless immersed in a kosher mikveh. The problem is that if
one requires a certain k’li on Shabbos and it was not immersed
before Shabbos it may not be immersed on Shabbos.
The Shulchan Aruch says that one may give it to a gentile as a
gift on Shabbos and subsequently borrow it from him (a k’li
borrowed from a gentile does not require t’vilah). By the way,
after Shabbos one must toivel the k’li without
a b’racha.
The problem is that we learned that one may not
give gifts on Shabbos, so how is one permitted to give it to a gentile?
The answer is, says the Mishna Berura,
that since the k’li is needed on Shabbos it is done for the sake
of Shabbos and is permitted.
Where do you find a gift for the sake of a
mitzvah?
It
is well known that on the 1st day (and on the 2nd
in chutz la’aretz) of Sukkos one cannot perform the mitzvah of
lulav with a borrowed lulav.
The way to do it is to give one’s lulav to the other person as a
gift, which becomes his, and then he may make a b’racha on that
lulav.
(It is common practice to make a b’racha on the Rav’s or rebbe’s
lulav being that theirs is most probably more mehudar).
We
see from this that one may give a gift on Shabbos for the sake of a
mitzvah.
How do I give a gift on Shabbos when it is not
for the sake of Shabbos or it is not a d’var mitzvah?
There are two ways to do it. The best way is to legally give the host
the gift before Shabbos. This is done by asking a stranger
before Shabbos to lift the item intended as the gift and “give” it to
your intended. This action immediately transfers the ownership of the
item to the intended receiver and when handing it to him on Shabbos one
is merely handing him something that is already his.
Another method is to hand it to him on Shabbos and declare that it
remains yours until after Shabbos.
I
think though that if one brings a good bottle of wine and it is intended
to be opened at the meal then it may be given on Shabbos l’chatchila
because it is needed for the sake of Shabbos.
May I hire a chazzan for shul on Shabbos?
The Mechaber says
that the actual hiring and mentioning the total fee must not be done on
Shabbos even though it is done for the sake of a mitzvah. However,
asking and enquiring as to whether the chazzan would be
interested in being hired by the shul is permitted because it is done
for the sake of a mitzvah.
Which other cases are similar to a chazzan?
The same would apply
if necessary to the discussing of hiring a person to teach one’s son to
read the Bar Mitzvah portion, a teacher for all holy subjects, a trade,
and any other mitzvah.
One may discuss
shiduchim (matchmaking), including the “sticky” money part, because
it is for the sake of a mitzvah, but here too, final monetary agreements
should be avoided.
One may even discuss
the preparation of a seudas mitzvah (mitzvah meal) such as a
wedding etc.
and discuss the
prices offered by different caterers. It is not something to dwell on
because it can cause one to lose one’s oneg Shabbos.