Amira Leakum-Having work done through a gentile on Yom Tov:

Amira Leakum-Having work done through a gentile on Yom Tov:[1]

It is Rabbinically[2] forbidden to have a gentile perform a forbidden action on one’s behalf on Yom Tov, just as is forbidden on Shabbos.[3] Accordingly, all matters that are forbidden to do on Yom Tov is likewise forbidden to ask a gentile to perform. [However, in those circumstances that it is permitted to ask a gentile to perform a Melacha on Shabbos, it is likewise permitted to do so on Yom Tov. Those actions which are only Rabbinically forbidden on Yom Tov may be performed through a gentile in those circumstances that we allow a Rabbinical prohibition to be performed through a gentile on Shabbos. For example, on Shabbos, it is permitted to ask a gentile to perform a Rabbincial Melacha on one’s behalf for the sake of a Mitzvah, or a great need, or in a case of great pain.[4] Likewise, on Yom Tov, it is permitted to ask a gentile to perform a Rabbinical Melacha on one’s behalf for the sake of a Mitzvah, or a great need, or in a case of great pain.[5] However, a Biblical Melacha, is forbidden to be performed on Yom Tov through a gentile even in a case of a Mitzvah or great need, just as is the law on Shabbos.[6] Accordingly, to properly determine what Melacha may be performed by a gentile on Yom Tov in the above circumstances, one must first determine whether that Melacha on Yom Tov is on Biblical or Rabbinical status. The status of each Melacha has been elaborated on in Halacha 1, and in its relevant section. In the Q&A we will bring some common questions that arise on Yom Tov.]

May one benefit from a Melacha performed by a gentile on Yom Tov?[7] It is forbidden for any[8] Jew to benefit from a Melacha performed by a gentile on behalf of a Jew throughout the entire Yom Tov, until enough time passes after Yom Tov to achieve that benefit. Due to this, the item that had the Melacha done to it is considered Muktzah. In the Diaspora, it is forbidden to benefit from the item until Motzei Yom Tov Sheiyni, until enough time passes after Yom Tov to achieve that benefit.[9]

 

Summary:
All matters that are forbidden for a Jew to perform on Yom Tov it is likewise forbidden to ask a gentile to perform on his behalf. This follows the same laws as Shabbos. Those Melacha’s that are only Rabbinically forbidden on Yom Tov, are permitted to be performed through a gentile in those cases that Rabbinical Mealcha is permitted on Shabbos to be performed through a gentile.

 

Q&A

On the second day of Yom Tov in the Diaspora, are all the Melacha’s considered of Rabbinical status regarding having it done through a gentile, in those circumstances permitted on Shabbos? [10]
No. The second day of Yom Tov in the Diaspora follows the same laws as the first day of Yom Tov in respect to the laws of Amira Leakum. Hence, all Melachos that are of Biblical status on the first day of Yom Tov are likewise treated as if they are of Biblical status on the second day of Yom Tov, regaridng the prohibition of Amira Leakum.

 

May one ask a gentile to turn on the fan or air conditioner on Yom Tov?[11]
If it is a great need, such as a very hot day, then it is permitted to do so.[12] Some Poskim[13] permit this even on Shabbos.

 

May one ask a gentile to turn on the heater on Yom Tov?[14]
If it is a great need, such as on a very cold day or if one has small children and it is even mildly cold, then it is permitted to do ask a gentile to turn on the heat whether on Shabbos or Yom Tov.[15]

 

May one ask a gentile to turn off an alarm on Yom Tov?[16]
If the noise is of great disturbance then it is permitted to do so.[17]

 

May one ask a gentile on Yom Tov to ignite a flame?[18]
In a time of need, it is permitted to ask a gentile to ignite a flame on Yom Tov, for the sake of Simchas Yom Tov.

 

May one ask a gentile on Yom Tov to turn on the light?[19]
It is permitted to ask a gentile to turn on a light on Yom Tov for the sake of a Mitzvah, or in a time of need.[20] It is forbidden to do so if it does not involve a Mitzvah or need.

 

May one ask a gentile to turn off a light if it is disturbing one’s sleep?[21]
It is permitted to ask a gentile to shut off the light if it is a case of great loss, or great need, such as it is disturbing one’s sleep.

 

May one who is confined to a wheel chair ask a gentile to turn on the elevator on Yom Tov?[22]
It is permitted to do so for the sake of a Mitzvah, or great need, such as to go to Shul and the like.[23]

 

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[1] Admur 495/10, 243/1; 468/5; M”A 495/1; Beis Yosef 495; Semag L.S. 75; Beitza 36b “Whatever is Rabbinically forbidden on Shabbos is likewise forbidden on Yom Tov”; Nitei Gavriel 1/35-36 and 33/1

[2] Admur 243/1; 495/10; Beis Yosef 244; Semag ibid; Ramban Bo

Other opinions: Some Poskim rule it is Biblically forbidden to have a gentile perform a Biblical Melacha on one’s behalf. [Opinion in Semag ibid; See Levush 243/1; Elya Raba 243/1; Tzemach Tzedek 31/2]

[3] The source: The source for the prohibition of Amira Lenachri applicable on Shabbos is actually hinted to in a verse [Shemos 12/16] regarding Yom Tov which states “Kol Melacha Lo Yeaseh Bahem.” The words “Yeiaseh” implies that work Tov may not be done on Yom even through another person which is not commanded against doing the work on Yom Tov. Now, from here we apply this law to Shabbos, that if the Torah hints to prohibit having a gentile do one’s work on Yom Tov, then certainly on Shabbos this prohibition applies. [Admur ibid; Yireim 304; Semag ibid; Mechilta Bo 9] Nonetheless, this verse is a mere Asmachta, as the main prohibition of Amira Lenachri both on Shabbos and Yom Tov is only Rabbinical. [Admur 243/1; Semag ibid]

The reason: The Sages decreed against Amira Lenachri in order so the Shabbos not be light in the eyes of the masses, and have them come to eventually transgress it themselves, and the same applies on Yom Tov. [Admur 243/1; Rambam Shabbos 6/1]

[4] Admur 307/12; Michaber 307/5

[5] Nitei Gavriel 33/1

[6] P”M 495 A”A 1

The reason: As the main support of the prohibition of Amira Lenachri is stated in a verse regarding Yom Tov, and hence it is not similar at all to Chol Hamoed in which we are lenient to permit even [Biblical] Melacha through a gentile for the sake of a Mitzvah. [P”M ibid]

[7] Admur 515/1; Michaber 515/1

[8] See Admur ibid for a dispute in this matter and that the custom is to be stringent that no Jew benefit from the Melacha, even if the Melacha was not done on his behalf.

[9] See Admur ibid for a dispute in this matter and that the custom is to be stringent that no Jew benefit from the Melacha, until Motzei Yom Tov Sheiyni Kdei Sheyasu.

[10] Noda Beyehuda Tinyana O.C. 44; Shaar Hatziyon 596/10; Nitei Gavriel 33/2; See Admur 496/3-5

[11] Nitei Gavriel 33/10; Piskeiy Teshuvos 276/18

[12] The reason: As doing so is a Shevus Deshvus on Yom Tov, being electricity is forbidden due to igniting a flame, which is only Rabbinically forbidden on Yom Tov.

[13] Chelkas Yaakov 1/145; 3/139; Minchas Yitzchak 3/23; Beir Moshe 6/93; Mishneh Halachos 5/42; See however Admur 313/17 that heat is not considered a Choleh like the cold, but simply like one who is Mitztaer.

Other Poskim: Some Poskim forbid asking a gentile to turn on the fan or air conditioner on Shabbos. [Igros Moshe Y.D. 3/47; Devar Yehoshua 2/7; Vayaan Yosef 1/137; Or Letziyon 2/25-5; Rav Ekyashiv in Koveitz Teshuvos 1/32; See Piskeiy Teshuvos ibid footnote 135]

[14] Admur 276/15; Nitei Gavriel 33/10

[15] The reason: As everyone is considered like a sick person in relation to the cold. [Admur ibid]

[16] Nitei Gavriel 33/12

[17] The reason: As doing so is a Shevus Deshvus on Yom Tov, being electricity is forbidden due to igniting a flame, which is only Rabbinically forbidden on Yom Tov.

[18] P”M in Magidos 110; Maharsham 4/143; Shevet Halevi 8/121; Beir Moshe 6 Elektri 27; Az Nidbaru 12/37; Piskeiy Teshuvos 502/1

[19] Minchas Yitzchak 3/37; Or Letziyon 20/6; Yom Tov Kehilchaso 22/8

[20] The reason: As doing so is a Shevus Deshvus on Yom Tov, being electricity is forbidden due to igniting a flame, which is only Rabbinically forbidden on Yom Tov.

[21] Eretz Tzevi 2/30; Tzitz Eliezer 1/20-5; Beir Moshe 6 Kuntrus Elektri 27; Piskeiy Teshuvos 514/1; Some Poskim rule that if it is disturbing one’s sleep it may even be done by a Jew: See Tzitz Eliezer ibid 1/20-5;

[22] Shearim Hametzuyanim Behalacha 135/4; Nishmas Avraham 585 [p. 700]; Piskeiy Teshuvos 586/11; See Chelkas Yaakov 3/137; Nitei Gavriel Yom Tov 33/16; 34/14

[23] The reason: As majority of Poskim rule that lighting a fire on Yom Tov [i.e. electricity] is only Rabbinical in which case one may ask a  gentile for the sake of a Mitzvah as explained above. [ibid]

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