Is it correct to have a gentile switch on lights in shul?
Based on the
previous shiur, it is evident that it is incorrect to have a gentile
switch on shul lights. This is based on the halacha that one
may not benefit from a gentile’s action when performed (solely) for
a Jew.
The Rama
however cites the Ba’al ha’Itur who says that one may ask a
gentile to violate an issur d’oraisso – a biblical
prohibition – for the sake of a mitzvah. The Rama
concludes that one may only rely on this when in great need while
the Mishna Berura
cites poskim who say that even in great need this is
prohibited.
Without taking a
stance on this matter, nowadays there is a simple solution in the
form of a Shabbos clock. This would negate the need to ask a gentile
to switch on shul lights.
Indeed, when the
Shabbos clock is set incorrectly or some other such similar mishap
occurs, one should ask a rav whether it is permissible to ask a
gentile to switch on the lights.
Bathroom lights of a shul were accidentally
switched off on Shabbos. May one instruct a gentile to switch them
on?
If the local rav
says that we rely on the abovementioned Rama, the answer is
yes. If the rav says that we follow the Mishna Berura, one
must instruct the gentile to use only a particular bathroom. Since
the result will be that the gentile switches on the lights for
his/her own use, the congregants may benefit from the lights
thereafter. Care must be taken that the lights are not switched on
merely to please the congregants, as that is prohibited.
May one enter a door opened with a key
carried through a reshus harabim (public walkway without an eiruv)?
We will try and
understand the predicaments involved.
Assuming the key
was carried b’meizid (intentionally) through a reshus
harabim, it would seem to fall into the category of an action
performed on Shabbos - which prohibits all from benefiting from the
melacha.
This means that one
may not step through a door opened with a key carried through a
reshus harabim. Indeed Rav Moshe Feinstein ztz”l writes
that one may not enter a doorway opened through chillul Shabbos.
In this particular situation he ruled that the door must be shut and
reopened by a gentile, relying on the heter to use a gentile
for the sake of a mitzvah.
Others however
argue in this case and as usual, a rav must be asked as to the
correct conduct in such an event.
The same argument
can be applied in this case. It is a particularly vexing practical
problem at hotel and hospital entrances. When the door is opened by
a gentile for himself there is no problem walking through the door.
However, when opened by a mechalel Shabbos, the
abovementioned dispute surfaces.
May I hire a gentile to open a door or gate
for residents or tenants on Shabbos?
In many locales it
is unsafe to leave entrance doors to buildings unlocked and a
security guard is hired to open the door to tenants and their
guests. When manually opened there is obviously no problem. The
problem arises when opened via electric circuit.
Initially it would
seem prohibited because one derives direct benefit from the gentile,
similar to him/her switching on lights for a Jew.
However, there
might be various permissible reasons, as follows.
-
The Rama,
as in the first question above, cites an opinion that when very
necessary, one may instruct a gentile to violate the Shabbos for
the sake of a mitzvah (in this case to go home to fulfill
Shabbos mitzvos). The problem is firstly the Mishna
Berura does not rely on this opinion. Secondly, sometimes
one goes home for reasons other than to perform a mitzvah.
-
The gentile
guard was ordered by his contractor, another gentile, to open
the door and is merely doing his/her job. The problem is that it
might take care of the amirah le’akum – instructing the
gentile – but the Jew is deriving benefit from the gentile,
which is forbidden even when there is no amirah. We might
attempt to answer, that opening a door is indirect benefit, as
stated above.
-
The gentile was
instructed to open the door, which can be manually performed.
The gentile prefers to open it electronically because this saves
getting up each time. In this manner the gentile is doing it for
his/her own benefit and the Jew is permitted to derive benefit.
Every effort must
be made to avoid this issue, such as using a side gate, but when
there is no choice, as per the problems above and due to the
complexity of the issue, one must receive rabbinical guidance.