The Eight Conditions to Allow Amira L’achum Before Shabbos 2 - (Klal 3 Siman 1) Erev Shabbos- S0064

What is Daily Dvar Halacha?

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.

This podcast is powered for free by Torahcasts.
Start your own forever free Torah podcast today at https://torahcasts.com/sign-up/ and share your Torah with the world.

The Eight Conditions to Allow Amira L’achum Before Shabbos 2 - (Klal 3 Siman 1) Erev Shabbos- S0064

We are continuing in siman 1, discussing the eight conditions which must be met to allow for a non-Jew to perform melacha for a Jew on Shabbos. Yesterday, we learned the first three:
The work cannot be done in the home of any Jew, and any materials must be removed from the home of the Jew before Shabbos.
The non-Jew must be paid
The non-Jew must be a kablan.

Today, we will continue with the next three criteria:

The Jew cannot directly or even indirectly imply that the melacha be done on Shabbos. For example, the Jew cannot drop off a car for work right before Shabbos and mention that they would appreciate driving out of town right after Shabbos. This is known as meyacheid melachto. The non-jew is therefore working on Shabbos at the behest of the Jew, and is considered his shliach.
Even after taking care of the directive, Chazal were concerned for maris ayin. Therefore, they prohibited the non-Jew performing melacha on anything which is attached to the ground. Even if it is not on the Jew’s premises, given that it is attached to the ground, it has a certain degree of visibility over something done in a garage or basement. This concern for maris ayin is brought down in a Gemara in Avodah Zarah.
It cannot be well-known that the work done is being done for the Jew. for example, if one gives their car to a non-Jewish mechanic in a permissible way, but their car has a big “bitachon” or “ein od milvado” bumper sticker on it, when the mechanic begins to work on the car, if the the auto garage is in a jewish neighborhod, it will be obvious they are working for a Jew. Thus, even if all of the other criteria have been met, it will still be problematic.
The Chayei Adam adds that in his opinion, “well-known” is defined as three Jews knowing. Thus, if the mechanic is in a non-Jewish neighborhood, it is muttar for the mechanic to work on the car over Shabbos even with something obvious such as a bumper sticker.

Summary
Amira l’akum is the prohibition against instructing a non-Jew to perform melacha on Shabbos. Nevertheless, there are times when it will be muttar, dependent on eight conditions. The first six are:
The work cannot be done in the home of any Jew, and any materials must be removed from the home of the Jew before Shabbos.
The non-Jew must be paid
The non-Jew must be a kablan
The Jew cannot directly request that the work be done on shabbos. He may not even indirectly imply that the melacha be done on Shabbos by putting the non-Jew in a situation in which it is inevitable that they will have to work on Shabbos.
The non-Jew cannot perform melacha on anything attached to the ground.
It cannot be well-known that the non-Jew is performing melacha for the Jew. The Chayei Adam defines “well-known” as three Jews.