S0551 - Meleches Shabbos - (Klal 20 Siman 16) - Bishul - 54 - Asking a Non-Jew to Place the Food Near the Fire_ Psik Reisha on Amira L'achum - 2

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Bishul 54 - Asking the Non-Jew to Place Food Near the Fire 4, Psik Reisha on Amira L’achum 2 (Klal 20 Siman 15) S0551

We have finished siman 16, where the Chayei Adam discussed the idea of amira l’achum on a psik reisha. He was only comfortable applying it to an issur derabanan and not to an issur deoraysa. Although there is generally an issur of amira l’achum on an issur derabanan as well, the Chayei Adam paskens that one can be meikil when the amira is not direct; in other words, where the Jew asked the non-Jew to perform a muttar action which inevitably caused another action.
In the Nishmas Adam, the Chayei Adam explains that he is only willing to permit this case in conjunction with the fact that we inherently hold ain bishul achar bishul, especially according to the Rema. Therefore, when dealing with raw food, which would be an issur deoraysa, he is not willing to be meikil on the amira l’achum.

It is important to note that when the Shulchan Aruch Harav and Mishnah Berurah present the concept of psik reisha via amira l’achum, they do not limit to it issurei derabanan, but seem to be willing to extend it to an issur deoraysa. The Shulchan Aruch Harav explains that it is muttar because there is no shlichus from the Jew. The Jew asked for a muttar action, not for the psik reisha action which may have occurred as well. There was no shlichus for the psik reisha, assur action, so there is no issue with the non-Jew performing it.
The Mishnah Berurah gives a different explanation. At the beginning of siman 314, the Shulchan Aruch quotes the Terumas Hadeshen who holds that there is no issur of psik reisha on an issur derabanan. The Rema disagrees, and holds that we do not follow the Terumas Hadeshen. The MIshnah Berurah writes that multiple achronim support the Rema, that there is a problem of psik reisha on an issur derabanan. However, he writes that when it comes to psik reisha via amira l’achum, we are meikil, because there is no action involved on the part of the Jew, only verbal instruction. This explanation is different from the Shulchan Aruch Harav in that the Mishnah Berurah focuses on the lack of an action, while the Shulchan Aruch Harav focuses on the lack of shilchus.

To review, we are discussing asking a non-Jew to perform a muttar action, where it is inevitable (psik reisha) that an issur deoraysa will take place as well. The issur in question is the issur derabanan of amira l’achum, and although performing melacha through a psik reisha is normally assur, amira l’achum is an exception, since there is no action on the part of the Jew.

Going back to the Chayei Adam, the Nishmas Adam explained that his heter over here was only in conjunction with the fact that there is no melacha deoraysa. Halacha lemaaseh, we are more meikil than the Chayei Adam, and permit psik reisha on an issur deoraysa when performed through amira l’achum as well, like the Shulchan Aruch Harav and Mishnah Berurah.

A practical application of this halacha would include one who forgot to turn off the lightbulb in their refrigerator before Shabbos. Even if the light bulb is incandescent, such that there will be an issur deoraysa involved, the Jew asks the non-Jew to open the refrigerator, not to turn on the light. Therefore, Rav Moshe holds it is muttar to ask the non-Jew to open the refrigerator.
Rav Shlomo Zalman raises a question on this psak. Since the fridge is manufactured in a way that part of the process of opening the door includes turning on the light, it is more than a psik reisha, but rather an intentional system which was set up in such a way. If so, it should be assur because turning on the light becomes part of the action of opening up the door. However, other poskim disagree. The accepted psak is that this case is an example of the heter of psik reisha via amira l’achum on an issur deoraysa.

Summary
We pasken that it is muttar to direct and benefit from a psik reisha which was the result of amira l’achum on a muttar action. It applies both to issurei deoraysa and issurei derabanan