Meleches Talush 3 - In the Jew’s Home (Klal 3 Siman 10) Erev Shabbos- S0083 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. We learned (S0082) that the Chayei Adam writes that all work, even if talush, is prohibited in the home of a Jew, due to a concern of maris ayin. There are some achronim who do not agree with the Chayei Adam. We have learned (S0078) that there are different approaches to understanding what is the maris ayin in question. One is that people will think the non-Jew is a sechir yom, rather than a kablan. According to that reasoning, any scenario in which it is well-known that the non-Jew is a kablan would be muttar. Another approach is the concern of the Chayei Adam, that people will think the Jew made the arrangement with the non-Jew on Shabbos. Other Achronim, including the Maharshag and Maharam Shik, are not concerned with this approach, and would not prohibit the work based on it. However, the Mishnah Berurah follows the approach of the Chayei Adam, so we are generally machmir for it. In a case of extenuating circumstances, a posek may follow the understanding of the Maharshag and Maharam Shik, if combinable with other factors. Another concern of work done on the premises of the Jew is zilusa d’Shabbos, degrading the sanctity of Shabbos. The case brought in halacha is a mill running on Shabbos. Even if the arrangement with the workers is done in a muttar fashion, it is still assur because the mill is noisy. There is a machlokes as to why it is assur. One explanation is maris ayin, that people will think the Jewish owner of the mill set up the arrangements with the non-Jewish workers on Shabbos or is performing the work himself. Others understand that the issue is the noise, in that the noise draws attention to itself and degrades the sanctity of Shabbos. Based on the second understanding, Shemiras Shabbos Kehilchasa, Rav Scheinberg, and others suggest that machines in our homes which are noisy, such as laundry machines and vacuum cleaners, are assur even when arranged to work in a muttar fashion, due to the zilusa d’Shabbos they cause. If so, if one has a non-Jewish worker who wishes to vacuum on Shabbos, one must be concerned for zilusa d’Shabbos, beyond the amira l’achum concerns of the Chayei Adam. Rav Moshe Feinstein is quoted as limiting this issue. In the sefer Amira L’akum by Rabbi Simcha Bunim Cohen, he writes that he heard from Rav Moshe that work done by a non-Jew in the home of a Jew on a regular basis is not included in this issur. Rav Moshe explains that the Chayei Adam’s concern that people will mistakenly think the arrangement was made on Shabbos itself will not apply, because it is part of the regular duties of the non-Jew, so people will assume the arrangement was made beforehand. We would still apply the rule (S0080) that the Jew is chayav to protest, but not chayav to offer money to stop them. We will give an example in the upcoming shiur, be’ezras Hashem. 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.