From the Rav’s Desk: Shaalos Veteshuvos on Shabbos and more

Paying the Shabbos Baal Korei for his reading

1. Question:

I was offered to become the set Baal Korei for a Shul on Shabbos and would like to know how to arrange for me to receive payment for my reading in a way that I do not transgress the prohibition against making money from Shabbos employment.

Answer:

You have two options:

• If you also read the Torah for the Shul during the week, then you should arrange with the Shul that the payment is for the entire weeks’ worth of readings, irrelevant of when they take place, in which case the payment would be considered Havalah, and you can have the payment for your Shabbos reading included in that package.
• If you only read the Torah for that Shul on Shabbos itself, then you are to charge the Shul not for the Shabbos reading, but for the preparation that you put into preparing the reading during the week. For this allowance however to be intact, you must in actuality prepare for the reading during the week.

Explanation:

It is forbidden for a Jew to receive payment for his work on Shabbos [i.e. Sechar Shabbos] unless the payment is given in the form of Havlah, which means that the payment is swallowed within the weekday payment. Now, it is only considered Havlah if the sum of payment does not include a specific sum allocated for the work done specifically on Shabbos, as in such a case it ends up that one is truly getting payment for Shabbos work, and just happens to be getting it together with the weekday payment, and this is not considered Havlah. Thus, it does not help to pay for the entire weeks’ worth of reading which includes Shabbos, if the payment for the Shabbos reading is individual, as in such a case the Shabbos payment is unique and independent within the general payment. However, if you give a set price for all of that week’s Torah reading, or a series of readings that includes Shabbos and weekday readings, then that is considered true Havlah, and may be arranged to be done on Shabbos.

Now, in truth an argument for allowance to be paid for your Torah reading even individually for Shabbos, without resorting to Havala, can be made based on the fact that many Poskim rule that it is permitted for one to earn money from mitzvah related work on Shabbos, and so is the widespread custom. However, aside for the fact that there are Poskim who argue and forbid earning money even from mitzvah related work unless it is done in the way of Havla, furthermore, everyone agrees that one who does so will not see blessing from his money that he earned, and therefore the best way to go about it is through Havlah.

So, practically for your case: If you also read for the shul also during the week, then you should arrange with the Shul that the payment is for the entire weeks’ worth of readings, in which case the payment would be considered Havalah, and you can have the payment for your Shabbos reading included in that package.

However, if you only read on Shabbos itself, then this option is not applicable and you must resort to a different Heter, which is to charge the Shul not for the Shabbos reading, but for the preparation that you put into preparing the reading during the week. For this allowance however to be intact, you must in actuality prepare for the reading during the week.

Sources: See the general prohibition of Sechar Shabbos and the allowance to receive money Behala: Admur 243:5 and 11-12; 244:15; 245:2; 246:1 and 13-15; 306:8-9 and 11; 334:7; 526:14; 585:11; Mahadurah Basra on Chapter 243; Michaber and Tur 246:1; 306:4-5; Rama 246:2 and 306:4; M”A 243:1; 246:3; 306:7; Bava Metzia 58a; Rambam Shabbos 6:25; Tosafos Shabbos 19a; Mordechai Shabbos 246; Rosh Shabbos ibid and 23:8; Rabbeinu Yerucham 12:12; Sefer Hateruma 221; Semag L.S. 65; Shibulei Haleket 113; Beis Yosef 243; Tzemach tzedek O.C. 49:3; Alef Hamagen 585:24; M”B 306:21; Piskeiy Teshuvos 306:6-9 and footnote 66; See regarding charging money for the preparation of the reading took place during the week: Aruch Hashulchan 306:12; Toras Shabbos 306:8; Piskeiy Teshuvos 306:9 and footnote 67 See regarding getting paid for mitzvah related work on Shabbos: No: Admur 585:11; First opinion in Admur 306:11; First opinion in Michaber 306:5; Tur 585 in name of Rav Yechiel and Mordechai Kesubos Remez 189; Yes: Second opinion in Admur 306:11 and that so is the custom; Second opinion in Michaber 306:5 and Tur 585; Implication of Michaber 585:5; Mordechai Kesubos Remez 189 in name of Reb Shmuel M”A 585:12; Elya Raba 585:17; Beis Meir; Kaf Hachaim 585:49; No good fortune: Admur 306:11 even in second opinion; Michaber 585:5

Paying the Shabbos Baal Korei for his spontaneous reading

Question:

I was approached on Shabbos morning to read the Torah for a minyan in which the Baal Korei could not make it. I did so, and after Shabbos the Gabaiy paid me for the reading. We never discussed any money and I did not have any intention of asking for payment. Am I allowed to keep the money?

Answer:

Yes you may, as 1) He was not obligated to pay you, and hence the money can be considered a gift and not payment. 2) Even if considered payment, you can consider it payment for the work you invested on the weekdays of previous years in learning how to read the Torah. 3) Many Poskim rule that it is permitted to receive payment for mitzvah related work on Shabbos. Now, although we do not initially rely on this last reason, practically, in this case we have two other reasons to permit receiving the money, and hence there is no issue whatsoever receive it.

Sources: See regarding the general prohibition of Sechar Shabbos: Admur 243:5 and 11-12; 244:15; 245:2; 246:1 and 13-15; 306:8-9 and 11; 334:7; 526:14; 585:11; Mahadurah Basra on Chapter 243; Michaber and Tur 246:1; 306:4-5; Rama 246:2 and 306:4; M”A 243:1; 246:3; 306:7; Bava Metzia 58a; Rambam Shabbos 6:25; Tosafos Shabbos 19a; Mordechai Shabbos 246; Rosh Shabbos ibid and 23:8; Rabbeinu Yerucham 12:12; Sefer Hateruma 221; Semag L.S. 65; Shibulei Haleket 113; Beis Yosef 243; Tzemach Tzedek O.C. 49:3; Alef Hamagen 585:24; M”B 306:21; Piskeiy Teshuvos 306:6-9 and footnote 66; See regarding the allowance to receive a gift in exchange for voluntary work done on Shabbos: M”B 306:15; Aruch hashulchan 306:12; Halef Lecha Shlomo 132; Orchos Shabbos 22 footnote 151; Shevet Hakehasi 3:106; Piskeiy Teshuvos 306:10 See regarding charging money for the preparation of the reading took place during the week: Aruch Hashulchan 306:12; Toras Shabbos 306:8; Piskeiy Teshuvos 306:9 and footnote 67 See regarding getting paid for mitzvah related work on Shabbos: No: Admur 585:11; First opinion in Admur 306:11; First opinion in Michaber 306:5; Tur 585 in name of Rav Yechiel and Mordechai Kesubos Remez 189; Yes: Second opinion in Admur 306:11 and that so is the custom; Second opinion in Michaber 306:5 and Tur 585; Implication of Michaber 585:5; Mordechai Kesubos Remez 189 in name of Reb Shmuel M”A 585:12; Elya Raba 585:17; Beis Meir; Kaf Hachaim 585:49; No good fortune: Admur 306:11 even in second opinion; Michaber 585:5