May one give a present on Shabbos or Yom Tov

May one give a present on Shabbos or Yom Tov?[1]

It is forbidden to give someone a present of any kind on Shabbos or Yom Tov.[2] Likewise, it is forbidden for the receiver to do an acquisition on a present on Shabbos.[3]

Food and drink and other Shabbos needs:[4] It is permitted to give food and drink as a present on Shabbos and Yom Tov if it is needed as food for that day. [Furthermore, some Poskim[5] rule that any Shabbos need may be given as a present on Shabbos and Yom Tov, even if it is not food or drink. Thus, one may give disposable cutlery, Shabbos clothing, Shabbos jewelry, to someone as a present on Shabbos for the sake of them using it on Shabbos.[6]]

For the sake of a Mitzvah:[7] It is permitted to give a present on Shabbos and Yom Tov if it is needed the sake of a Mitzvah. Thus, one may give Chametz to a gentile on Shabbos Erev Pesach. Likewise, one may give Daled Minim to another on Yom Tov of Sukkos, [and one may give his Tallis as a Matana Al Menas Lehachzir].[8]

Presents to Chasan:[9] Those who are accustomed to give vessels as a present to a Chasan who gives a speech, are not doing a proper act, as explained above.

 

Q&A

Does the prohibition apply to both the giver and receiver?[10]

Some Poskim[11] rule this prohibition applies for both the giver and receiver. Other Poskim[12] rule it applies only to the receiver. Other Poskim[13] rule it applies only to the giver. Practically, Admur rules the prohibition applies to both the giver and receiver.[14]

 

How to circumvent the prohibition:

The Poskim give the following suggestions of how to circumvent the prohibition against giving a present on Shabbos. These methods should only be used in a time of need.[15]

1.       The receiver is to have intent to not acquire it until after Shabbos.[16] The giver stipulates that the receiver not acquire the present until after Shabbos and until that time it will be considered a borrowed to him.

2.       One acquires the present to the person before Shabbos.[17] One can do so through another person making an acquisition on his behalf.[18]

 

May one give a present to a Bar Mitzvah boy on Shabbos?

No.[19] However, if the receiver has intent to not acquire it until after Shabbos, then one may give it to him.[20] Alternatively, one should acquire the present before Shabbos to the person, through another person making an acquisition on his behalf.[21] Alternatively the giver can have intent that the receiver not acquire the present until after Shabbos and until that time it will be considered like a borrowed item.

 

May one give children prizes on Shabbos?[22]

It is permitted to do so for educational purposes, such as to encourage proper Davening during a Shabbos children’s Minyan, or to encourage participation in a Shabbos learning gettogether, and the like.

 

May one give a birthday present to a family member [wife/husband/child] on Shabbos?

No.

 

May one tell someone on Shabbos that he will give him a present after Shabbos?[23]

No.

May one give a Sefer as a present on Shabbos?[24]

If the person is able to use the Sefer to learn on Shabbos, then it  may be given.

May a guest give wine, or flowers to his host on Shabbos?

Yes. Nonetheless, it is best for the flowers to be given before Shabbos.[25]

 

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[1] Admur 306:15; 444:9; 448:16; M”A 306:15 in name of Beis Yosef 527 and Mordechai Beitza 676; Elya Raba 306:19; Tosefes Shabbos 306:20; M”B 306:33; See Mahariy Asad 83; Kesav Sofer 59; Binyan Shlomo 17; Aruch Hashulchan 306:17; Pischeiy Teshuvah Even Haezer 45:1; Kaf Hachaim 306:44; SSH”K 29:29

Other opinions: Some Poskim rule there is no prohibition against giving a present on Shabbos. [Beis Meir E.H. 45; Beis Shlomo ibid; Maharam Shick 24; Piskeiy Teshuvos 306:22]

[2] The reason/source: It is forbidden to even sanctify something towards G-d [i.e. Hekdish] on Shabbos, and Hekdish is similar to a present which completely leaves one jurisdiction, to the jurisdiction of his friend. Now, the reason doing so is forbidden is because one may not make any acquisitions on Shabbos, as it is similar to business. [Admur 306:15]

[3] Admur 306:15 that one who is given a room may not close the door to perform an acquisition. See Q&A!

[4] Admur 306:15; 323:1; 517:1; 527:28; M”A ibid

[5] M”A 306:15; Elya Raba 306:19; Tosefes Shabbos 306:20; M”B 306:33; Kaf Hachaim 306:44; Piskeiy Teshuvos ibid; VeTzrauch Iyun from Admur 306:15 who changed the wording in M”A and wrote food and drink instead of Shabbos need.

[6] Piskeiy Teshuvos ibid

[7] Admur 444:9; 448:16; Kuntrus Achron 444:2; M”A ibid in name of Beis Yosef 527 and Mordechai ibid; Elya Raba ibid; M”B ibid; Aruch Hashulchan ibid; Hagahos Chasam Sofer on M”A 306:15; Piskeiy Teshuvos 306:22

Other rulings in Admur: Admur 261:2 rules one may not make a Kinyan on Shabbos even for the sake of a Mitzvah, even during Bein Hashmashos. Likewise, Admur 306:15 rules that one may not make something Hekdish on Shabbos, thus implying it is forbidden to do so even for the sake of a Mitzvah. Likewise, the ruling in 306:16 implies that an Esrog may only be given on condition to return. These rulings contradict the above statement of Admur. See Hearos Ubiurim 822 p. 54

Other opinions: Some Poskim rule one may not give a present on Shabbos even for the sake of a Mitzvah, unless it is a Matana Al Menas Lehachzir. [See Toras Chesed 27; Implication of Admur 306:16]

[8] Admur 306:16

[9] Admur 306:15; M”A 306:14; M”B ibid; Implication of Mahariy Asad ibid

Other opinions: Some Poskim justify the above custom, stating that it is considered done for the sake of a Mitzvah, to increase the greatness of Torah, and that so is the widespread custom. [Elya Raba ibid; Aruch Hashulchan ibid; Hagahos Chasam Sofer on M”A 306:15; Piskeiy Teshuvos 306:22]

[10] See Minchas Shabbos 90:21; Maharsham 1:164; Divrei Malkiel 2:100; 3:83; Betzel Hachochma 3:123

[11] Piskeiy Teshuvos 306:22; SSH”K 29:29 based on Rambam Mechira 30:7

[12] Makneh Kuntrus Achron 45; Mahariy Asad 83

[13] Meishiv Davar 1:27; Daas Torah 13:13 based on Rambam Mechira 30:7

[14] See Admur 306:15 that one may not give, and the receiver may not make a Kinyan on the room; See Poskim in Piskeiy Teshuvos ibid footnote 143

[15] Piskeiy Teshuvos 306:22

[16] Mahariy Asad 83; Sireideiy Eish 2:26; Kaf Hachaim 306:47

[17] See Mahariy Asad ibid

[18] SSH”K 29:29 based on Hagahos Chasam Sofer on M”A 306:15

[19] Admur 306:15 regarding Chasan; M”B 306:33

Other opinions: Some Poskim justify the above custom, stating that it is considered done for the sake of a Mitzvah, to increase the greatness of Torah, and that so is the widespread custom. [Elya Raba ibid; Aruch Hashulchan ibid; Piskeiy Teshuvos 306:22]

[20] Mahariy Asad 83; Sireideiy Eish 2:26

[21] SSH”K 29:29 based on Hagahos Chasam Sofer on M”A 306:15

[22] Piskeiy Teshuvos 306:22

[23] Tehila Ledavid 306:9

[24] Piskeiy Teshuvos 306:22

[25] The reason: As it is unclear from Admur if this in included in the allowance.

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