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Rav Eliyahu Reingold, Rosh Kollel in the Yeshiva of Greater Washington, spent many years learning in the Telshe Yeshiva and Kollel where he was recognized as one of their foremost talmidim. He taught in the Telshe Mechina before coming to the Yeshiva of Greater Washington. He is a noted Baal Halacha and Baal Mussar, serving as a well-respected posek for the Yeshiva and community. Besides his responsibility in leading the Kollel, he delivers a high level shiur to advanced students, and provides many halacha shiurim throughout the year. His heartfelt weekly mussar shmuess in an inspiration to all.
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Meleches Talush 4 - In the Jew’s Home 3 - When There are Ways to do it B’heter (Klal 3 Siman 10) Erev Shabbos- S0084
We are continuing in siman 10, discussing the sixth criterion for it to be permitted to make an arrangement with a non-Jew before Shabbos regarding melacha on Shabbos. This criterion is that even when an item is talush, the non-Jew cannot perform the work on the item in a public place nor on the premises of the Jew. We learned that even if the non-Jew is a kablan, there is a fixed price, and the Jew did not specifically ask the non-Jew to perform the work on Shabbos, it is still assur, because of a concern of maris ayin. (Certainly, if one asks the non-Jew to perform the work on Shabbos, even if they are a kablan with a fixed price, it is assur.) We learned that there are other poskim who are not concerned for the maris ayin (S0082), but the Mishnah Berurah paskens in accordance with the Chayei Adam.
We also learned that Rav Moshe limited this issur regarding work done by a non-Jew in the home of a Jew on a regular basis.
There is a thought process brought in halacha that when a Jew asks a non-Jew to perform an action on Shabbos, if the action could be done in two ways, one which would be muttar for a Jew to perform and one which would be assur for a Jew to perform, the Jew has not transgressed amira l’achum by asking the non-Jew to perform the work. This applies even if the assur method is the more “common” or “normal” method for performing this melacha. For example, it is assur for a Jew to move an oil lamp. The lamp is muktzah, and there are issues with increasing the flame, etc. The Jew can still ask a non-Jew to move the lamp, because there could be other ways of moving the lamp which would not be assur, such as moving it in an indirect fashion. It is muttar because the Jew did not ask for a melacha to be done, but simply for the lamp to be moved, and the non-Jew chose the assur method.
Although this addresses the concern of amira l’achum, there could be a maris ayin issue. People will see the non-Jew doing something prohibited in the home of a Jew and will conclude that the Jew must have instructed the non-Jew on Shabbos to move the lamp in an assur fashion.
Additionally, as we have learned (S0082), a Jew must protest if melacha is done on his premises. Thus, the case over here must be that the Jew protested the non-Jew performing the melacha in an assur fashion, and the point is that the Jew does not need to protest further once the non-Jew decides to nevertheless perform the melacha in the assur fashion.
Regarding this thought process, we need to differentiate between different implications in the language used to instruct the non-Jew. Certain language includes an explicit or implicit assumption that a melacha will be performed, and certain language does not. For example, if a Jew asks a non-Jew on Tuesday to “mop the floor”, and the non-Jew decides to do it on Shabbos, the Jew has a problem of maris ayin. If the concern is that people will think the Jew instructed the non-Jew to mop the floor, their thought is corrected, as it is correct that the Jew gave him instructions which clearly involve a melacha (sechitah).
On the other hand, if the non-Jew is told to wash dishes, there are various ways to wash dishes, some which are muttar and some which are assur. Thus, if people say that this Jew asked a non-Jew to wash dishes, there is no issue of maris ayin, because it is true that the Jew asked, but the request did not specifically include a melacha
Not all poskim accept this thought process. Some hold that since the standard method for washing dishes is with warm water, it is considered the directive of the Jew, even if the Jew only said “wash the dishes” without explicitly stating to use warm water.
Rav Simcha Bunim Cohen brings a note from Dayan Roth, ztl, who used this argument as a limud zechus for people who are lenient about this on Shabbos.
Summary
If one instructs a non-Jew before Shabbos, there are times when it will be muttar, depending on eight conditions.
The sixth condition is that even if the item is talush, it must not be worked on in public, due to a concern of maris ayin. The work must be done in the non-Jew’s home or similar private place.
If the non-Jew still owns the rights to the item (e.g., he was commissioned by the Jew and is still creating the item), he may work on it in public.
The work certainly cannot take place in the home of the Jew.
Thus, non-Jewish live-in help cannot do work, even for themselves, which may appear to be for the Jewish employer. If it is work which is clearly for themselves, they may do the work.
However, there are some poskim who are not concerned with the maris ayin, and a posek may rely on them in extenuating circumstances.
In addition to the concern of maris ayin, there is a concern of zilusa d’Shabbos for a non-Jew to do work in the home of a Jew.
There is another possible leniency when there are two ways for the melacha to take place, one way which would be assur for a Jew and one which would be muttar. If the two options exist, one can argue that the non-Jew performing the melacha in the assur way is his own choice. One should not rely on this idea without consulting their rav.