One of the often misunderstood areas of Hilchot Shabbat is the prohibition known as Amirah L’Nochri – instructing a non-Jew to perform Melacha (forbidden work) on Shabbat or Yom Tov. While at first glance it may seem a clear-cut leniency to rely at all times on the help of a non-Jew in a time of need or discomfort, the Shulchan Aruch sets out clear guidelines as to when this would be permitted so as to preserve the sanctity of the Shabbat and Yom Tov.
In general, our Rabbis forbade a non-Jew to perform a Melacha for a Jewon Shabbat or Yom Tov, based on three core concerns:
- Preventing the Jew from eventually performing the Melacha himself[1]
- The non-Jew is considered the Jew’s agent (Shaliach)[2]
- The prohibition against engaging in business or weekday-like activities (Mimtzo Cheftzecha), even without the Jew performing the actual Melachah[3]
Pre-Shabbat and Post Shabbat Instructions
Given these reasons, instructing a non-Jew before Shabbat to perform Melacha during Shabbat is also forbidden. Since the act will occur on Shabbat, the non-Jew is, Halachically speaking, acting as an agent on behalf of the Jew. Similarly, asking a non-Jew on Shabbat to perform an act after Shabbat is also prohibited, due to the concern of engaging in business-like activity on the holy day.
Three Components of the Prohibition
There are three essential components to this prohibition:
A. The Instruction itself (Amirah) – instructing the non-Jew is forbidden.
B. Benefiting from the Action (Hana’ah) – Any benefit to be derived from the forbidden act is prohibited (even if the Jew had not instructed him to do so)[4].
C. Objecting (Mecha’ah) – one must object to the non-Jew performing the Melachah on your behalf [5].
For example, if a non-Jew is turning on the dining room lights on Shabbat for the Jew, we are obligated to stop the non-Jewfrom doing so. At the same time, one is prohibited from deriving any benefit, if the non-Jew went ahead and switched them on, including remaining in the room (if this was done at the behest of a Jew).
When is Benefit Permitted?
However, there are some exceptions:
- Removing a Disturbance: If a non-Jew turns off a light to allow someone to sleep, that is not considered active benefit, but rather the removal of a discomfort. While one may not ask the non-Jew to do so, there is no obligation to object if done independently, and one may derive benefit[6].
- Passive Help (e.g. car stopping or access to a hotel room): If a non-Jew stops their car to allow you to cross the road[7], it’s not a direct benefit – rather the removal of an obstacle – so one may cross without issue. Likewise, if the non-Jew swipes the card through the reader and grants you access to the hotel room, it would be permitted to enter the room[8].
- Enhancement, not Creation: If there is already light in the room and a non-Jew merely adds more light, the Jew may still benefit, as the essential benefit from the light already existed[9].
Bich’dei She’ya’asu – Waiting After Shabbat
In cases where Melacha was done in violation of Halacha, one must wait “Bichdei She’ya’asu” that is, the amount of time it would take to perform the task after Shabbat, before benefitting. This delay serves two purposes:
- To discourage future infractions – preventing a tendency of asking non-Jews for help.
- Avoiding benefit from prohibited labour – consistent with Halachic restrictions on deriving benefit from Melacha done unlawfully[10].
In cases involving secular Jews performing Melacha, the first reason is less relevant (as there is no concern that a Jew would be instructed to violate Shabbat on one’s behalf), but the second still applies. In Israel, for example, the Halachic authorities are lenient in this regard, in the case of those that do not wish to benefit from the municipal electricity and have generators running throughout Shabbat, nonetheless, the generators are switched off immediately after Shabbat, not waiting Bichdei She’ya’su, even if the electricity had been generated on Shabbat in violation of Halacha[11].
Remez B’Derech Sippur – Hinting Indirectly
One commonly used leniency is Remez B’Derech Sippur – hinting in the form of a casual statement (e.g. “It’s too hot in here”). However, this only circumvents the Amirahcomponent. It does not help in cases where:
- There is a prohibition of benefit.
And where:
- One is obligated to object.
Thus, the above hint is only permitted when there is no prohibition of benefit or obligation to object[12], such as in cases where the lights need to be switched off, but not to be switched on, or in the case where there is some light in the room already and one is hinting for additional lights to be switched on.
A Creative Solution: Hospitality
If a non-Jew is genuinely joining a meal and turns on the lights for his own benefit, the Jew may derive benefit incidentally and would not be required to object. As the Aruch Hashulchan (276:9) notes, this was a common custom in Europe[13]. Of course, this is only valid when the guest truly benefits, not as a mere pretence to permit forbidden activity.
Leniencies in Cases of Need
In certain circumstances, Halacha permits instructing a non-Jew to do even prohibited acts, but only when they are Rabbinic in nature (Shevut D’Shvut)[14], and only in cases such as:
- Great need
- Significant financial loss
- Mild illness[15]
- Fulfilling a Mitzvah
The Ba’al Ha’itur goes further and permits even Biblical prohibitions for the sake of fulfilling a Mitzvah, but the Rema (276:2) limits this to cases of great need. R’ Moshe Feinstein (Igrot Moshe III:42) and Rav Aharon Kotler permit relying on the Ba’al Ha’itur in a communal setting, such as Tefilla B’Tzibur or Kriat Ha’Torah. The Mishnah Berurah (ibid 24,25) quoting the Shlah, relies on the Ba’al Ha’Itur only in cases where people may unintentionally be doing something that is prohibited to save them transgressing an Issur. For instance, carrying in a place where the Eiruv string has fallen – under such circumstances, it would be permitted for the non-Jew to replace and tie the Eiruv string, a Melachah that would otherwise be forbidden Biblically.
Shevut D’Shvut: A Double Rabbinic Leniency
The above principle of Shevus D’Shevut mentioned above – a double rabbinic prohibition – that may be relied upon for a Mitzvah, is only when no other alternative exists. It should not become a routine leniency[16].
Practical Application:
As a practical example, having a non-Jew wash the floors with a cloth involves a concern of squeezing (Sechita) – which is a Biblical prohibition, plus a Rabbinic prohibition of washing the floors even if it does not entail any squeezing, because doing so may result in levelling the ground. Even nowadays when none of our homes have dirt floors, it would still be prohibited, unlike sweeping which is permitted today on tiled floors. In cases of need, based on the above, a non-Jew could be engaged to wash the tiled floors by spraying the area with a hose and then pushing the water down the drain with a rubber squeegee, commonly known as the sponger stick (Orchot Shabbat Ch 23:56; see Shmirat Shabbat K’Hilchata (Ch 23:6) that is more lenient, in cases of extenuating circumstances).
It is important to note, that if the Jew instructs the non-Jew to clean without squeezing, and the non-Jew independently chooses to clean in their usual method, involving squeezing, this would be considered Adata D’Nafshei – the non-Jew acting on their own volition – which is permitted[17].
Conclusion
The Halachot surrounding Amirah L’Nochri are nuanced and sensitive. In an age of convenience, it can be easy to overlook their seriousness, and a casual or flippant instruction to a non-Jew may lead to significant Halachic violations. The sanctity of Shabbat calls for our careful attention and reverence. May we merit to be among those who not only safeguard the Shabbat but are themselves safeguarded by it!
[1] Rambam Hilchot Shabbat 6:1.
[2] Rashi in Tractate Shabbat 153a.
[3] Rashi in Tractate Avoda Zara 15a.
[4] See Shulchan Aruch 276:1.
[5] See Mishna Berura 276:11.
[6] See Chaya Adam 62:3, based on Tosfot in Shabbat 122a (D.H V’Im). Some Halachic authorities argue with this, but the prevailing custom seems to be like the Chaya Adam.
[7] So long as one does not ask him to stop; see Chaya Adam (62:2) that even waving one’s arm for him to stop constitutes an Amira and is prohibited. However, merely standing on the side of the road does not constitute an Amira and is permitted (Orchot Shabbat 23, note 66).
[8] See Melachim Omnayich P.525 in the name of Rav Elyashiv.
[9] See Mishna Berura 307:11.
[10] See Mishna Berura 325:28.
[11] See Mishna Berura 318:5. In general, most Orthodox Jews in Israel adopt a lenient position and make use of electricity generated by the national power station on Shabbat. This approach is supported by authorities such as Igrot Moshe (O.C. 4:64) and Shemirat Shabbat Kehilchata (32, note 174). Even those who are more stringent during Shabbat itself may nonetheless be prepared to rely on this leniency when it comes to benefiting from the electricity after Shabbat has ended.
[12] See Mishnah Berurah 307:76.
[13] In fact, it is told that once, after inviting a non-Jew into the room for a glass of vodka, he politely finished his drink, stood up to leave, and switched off the lights on his way out! The company, now sitting in the dark, had no choice but to call him back in for a second round. This time, however, they made sure to add one important instruction: “Enjoy the vodka, but no switching off lights!”
[14] See Biur Halacha 349:5 that states that even a Jew could perhaps be permitted to do a double D’Rabanan which would constitute a Shevut D’Shvut. See also the Pri Megadim 306:12 (Eishel Avraham).
[15] S.A. 307:5. In cases of high fever and needles to say in cases of danger, the Halacha would be far more lenient.
[16] See Sha’ar Hatziyun 244:35 and Mishna Berura 331:20, 655:3, and the Sha’ar Ha’tziyun SK 5, Sheivet Halevi 4:29.
[17] See Kaf Hachaim 337:21 in the name of the Maharikash.
