Economic Benefit 4 - Creating Availability for More Work 2 (Klal 3 Siman 20) S0091

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Economic Benefit 4 - Creating Availability for More Work 2 (Klal 3 Siman 20) Erev Shabbos - S0091

We are continuing in siman 20, discussing the eighth criterion for it to be permitted to make an arrangement with a non-Jew before Shabbos regarding melacha on Shabbos. This criterion is that the non-Jew cannot be benefiting the Jew by working on Shabbos in that the non-Jew is now free to do other work during the week. We learned that this applies both to a person who is hired for any needs which come up (e.g., a general handyman), and to a person who is hired for one specific type of work, but there is a steady need for that type of work (e.g., a plumber for a commercial building). In these cases, it is assur according to both the Rambam and Raavad because there is a steady stream of work for the non-Jew, so by working on Shabbos, the non-Jew frees himself for work during the week.

There is a machlokes regarding a case in which a non-Jew is hired for a specific type of work, but it is not needed on a constant basis but rather intermittently. On the one hand, if the non-Jew completes a task on Shabbos, he will be available should another task come up on Sunday, but it is not certain that another task will come up. There is a machlokes Rambam and Raavad regarding this case. The Rambam holds it is muttar (assuming the other criteria we have discussed are met), and the Raavad holds it is assur.
The problem in this case is not an issur of maris ayin, or that the Jew gave the non-Jew a direct instruction to perform melacha on Shabbos, but rather that there is a connection between the melacha of the non-Jew and Jew. If so, if we can distance the connection between the Jew and non-Jew, we may alleviate the issue. Thus, the Chayei Adam writes that even according to the Raavad, if the Jew gives the instruction to the non-Jew on Thursday (or earlier), one can be lenient like the Rambam. Otherwise, one should be machmir in this case and follow the Raavad.
To review, the machlokes Rambam and Raavad is only where it is not clear whether the Jew benefits from the non-Jew working on Shabbos, as it is not certain that the non-Jew will have work to do after Shabbos which he is freeing himself up for by working on Shabbos. If it is clear that the non-Jew is freeing himself up to work during the week by working on Shabbos, it is assur according to all, as we have discussed above.

Summary
If one instructs a non-Jew before Shabbos, there are times when it will be muttar, depending on eight conditions.
The eighth condition is that the Jew cannot benefit from the work performed by the non-Jew in that the non-Jew is now free to perform other work for the Jew during the week. This applies both to a non-Jew who is hired for any needs which come up, and a non-Jew hired for a specific type of work.
If it is not certain that the non-Jew is freeing himself up for work during the week by working on Shabbos, it is a machlokes whether he can work on Shabbos or not. One should be machmir. However, if the Jew gave the non-Jew the instruction on Thursday or earlier, one may be lenient.