Handing a gentile, or non-religious Jew, an item on Shabbos which they will carry through an area without an Eiruv-PART 2

Handing a gentile, or non-religious Jew, an item on Shabbos which they will carry through an area without an Eiruv:[1]

A. Gentile:

Placing the item in the hand of the gentile:[2] It is Rabbinically forbidden for one to place a food or item into the hand of a gentile on Shabbos if one knows, or it is highly likely, that he will carry it on Shabbos in a way that it is forbidden for a Jew to carry.[3] This applies even if the public domain is a mere Karmalis, and not a Biblical Reshus Harabim.[4] This applies even to an item that is owned by the Gentile.[5] [Thus, if there is no Eiruv in one’s community, then it is forbidden to place an item in the hand of a gentile in a private domain if it is certain or even likely that the gentile will carry it to the outside, to a public domain. Likewise, if one is outside in a public area and there is no Eiruv in one’s community, then it is forbidden to place in the hand of gentile an item if it is certain or even likely that the gentile will carry it four Amos outside, or will carry it to a private domain. Furthermore, even in an area with an Eiruv, if one knows, or it is likely, that the Gentile will carry the item to outside the parameters of the Eiruv, then it is forbidden to place the item in his hand. Accordingly, on Shabbos one may not hand a Gentile an item that he will put in his car and travel with to an area that is outside of the Eiruv. Likewise, if a Gentile drops something on the floor on Shabbos in an area without an Eiruv, one may not pick it up for him and place it into his hand.]

Placing on floor or table: The above prohibition only applies to placing the item in the hand of the Gentile. However, it is permitted for one to place the item down on a table or floor in a private domain [i.e. home or courtyard] and then have the Gentile take it, if the item belongs to the Gentile.[6] If, however, the object belongs to the Jew, then it is forbidden to even place it before the gentile for him to take on his own and carry[7], with exception to a small amount of food which he will likely eat in that area without carrying, which is permitted to be placed before the gentile for him to take.[8] Furthermore, even if the item belongs to the gentile, if he is standing on the outside and sticks his hand through ones door or window, one may not provide him the item even if one places it down and does not rest it in the hand of the Jew.[9] Nonetheless, if one needs to give the food/object to the gentile for the sake of peace[10] or for the need of a Mitzvah[11], then it is permitted for the Jew to provide the gentile even an item which the Jew owns, even though he knows that the gentile will carry it [through a Rabbinical public domain].[12] [However, it is forbidden to provide it to the gentile to carry through a Biblical public domain.] Practically, regarding this matter one may rely on the opinion[13] who rules that today there are no longer any Biblical public domains.[14] Nevertheless, one must beware not to place [the item] into the actual hand of the gentile, even if the item belongs to the gentile, as explained above!

B. Non-religious Jew:[15]

It is forbidden for one to provide an item to a Jew if one knows that the Jew will carry it in an area without an Eiruv.[16] This applies, even if one does not place the item in the hand of the Jew, but simply places it in front of him, for him to take on his own. This applies even if the public domain is a mere Karmalis, and not a Biblical Reshus Harabim.[17] [Thus, if there is no Eiruv in one’s community, then it is forbidden to place an item in the hand of a non-religious in a private domain if it is certain or even likely that he will carry it to the outside, to a public domain. Likewise, if one is outside in a public area and there is no Eiruv in one’s community, then it is forbidden to place in the hand of this Jew an item if it is certain or even likely that he will carry it four Amos outside, or will carry it to a private domain. Furthermore, even in an area with an Eiruv, if one knows, or it is likely, that the Jew will carry the item to outside the parameters of the Eiruv, then it is forbidden to place the item in his hand. Accordingly, on Shabbos one may not hand a nonreligious Jew an item that he will put in his car and travel with to an area that is outside of the Eiruv. Likewise, if a non-religious drops something on the floor on Shabbos in an area without an Eiruv, one may not pick it up for him and place it into his hand.]

_______________________________________

[1] See Admur 325:2-4; 347:3; 307:35

[2] See Admur 325:2 “In any event one may not actually place [the food] into his hands in order so he [the Jew] not be the one to extract the [food] from within the private domain, rather the gentile should take it from his hand as then the gentile is the one doing the actual extraction.”; 325:4 “Nevertheless, one must beware not to place [the item] into the actual hand of the gentile being that one is able to avoid doing so [and still accomplish what is needed]. Even with objects that belong to the gentile one must beware against doing this.”; 325:16 “those that do so must beware to not place the vessel into the hand of the gentile as well as to not take it from his hand as was explained there [in chapter 307]”; 347:3 “However, Rabbinically it is forbidden to give it to him, even if he is a Gentile, and even in a Karmalis”; 307:27 “The custom is not to receive a letter from the hand of a gentile and rather one is to ask him to put it down on the ground or table due to worry that the Jew may end up taking the letter before the gentile stops walking to rest doing and it is thus found that the Jew did the Hanacha, which is Rabbinically forbidden even today when some Poskim rule that we no longer have a Biblical public domain.”; Taz 307:12; M”A 307:20; 325:2 and 6; Maharam Mintz 117; Mordechai Remez 252 in name of Tosafus; Shiltei Hagiborim on Mordechai 70a in name of Tosafus

[3] The reason: As rabbinically, it is forbidden for a person to perform either the Akirah or Hanacha in the process of an item being carried. The Akirah refers to the picking up of the item while the Hanacha refers to the putting down of an item. Thus, although Biblically one is only liable for carrying if he both picked up the item and put down the item, nonetheless, Rabbinically it is forbidden to do either the picking up or putting down. Accordingly, it is forbidden for the Jew to give the item to the Gentile by placing it in his hand as this is considered the Akirah of the item which will then be carried by the Gentile. [See Admur 347:1; Michaber 347:1; Mishneh Shabbos 2a] See Shemiras Shabbos Kehilchasa [new] 30:16 footnote 60

[4] Admur 307:27; 325:4; 16; 347:3; M”A 347:4; Taz 347:1; Tur 347; Levush 347; Rosh Shabbos 1:1; Tosafus Shabbos 3a

[5] Admur 325:4; M”A 325:6

[6] Admur 325:3 “However the above only refers to objects of a Jew, however the objects of a gentile are permitted to be given to him.”; M”A 325:4

The reason: Now, although it appears like one is giving it to him in order to take outside, this does not pose a problem being that the [gentile] is not taking it on the behalf of the Jew, but rather on behalf of himself and the object does not belong to the Jew. [Furthermore] even to explicitly tell [the gentile] to do work with his own personal objects is allowed as was explained there [in Chapter 307 Halacha 35-36] thus certainly here it is allowed to give the gentile an object of his that he will carry to the outside]. [Admur ibid]

[7] Admur 325:3 “[Furthermore] even when [the gentile] is standing inside [the courtyard, the Sages] only permitted to give him food being that it is possible that he will eat it in the courtyard, however [he may] not [be given] other objects being that they are commonly taken out [from the courtyard] and it thus appears as if one is giving it to him in order for him to take it outside.”; Kuntrus Achron 252:2; Michaber 425:1; Tosafus Shabbos 19a; Mordechai Remez 253 in name of Riva

The reason: As included in the prohibition of Amirah Lenachri is a prohibition for one to give a gentile an item that the Jew owns for him to do a Melacha with on Shabbos even on his own behalf. [Admur 307:35]

[8] Admur 325:2 “It is permitted to place food in front of [a gentile] in one’s courtyard even though one knows that [the gentile] will take it outside [into a public domain] as long as [the gentile] has permission to eat [the food] there [in the courtyard] if he so wishes…The gentile should take it from his hand as then the gentile is the one doing the actual extraction. It goes without saying that it is allowed [for the gentile to take it] if one places it on top of the ground or on a table and the gentile takes it from there. However if [the gentile] does not have permission to eat it there or there is a lot of food and it is impossible to eat it [all] there and it is [thus] evident that he [must] take it outside, as well as if the gentile is standing on the outside and he sticks his hand inside in which it is obvious and evident that he will take [the food that he is given]  outside, then it is forbidden to place [the food] in front of him being that it appears like one is giving it to him on condition [that he] take it out. Now, although he is taking it out for his benefit and not for the Jew, nevertheless since this item that he is taking out was given to him by the Jew from his own personal belongings, [therefore] it is forbidden for the reason explained in chapter 307 [Halacha 35].”; Admur 444:9; Kuntrus Achron 444:1; M”A 325:3;444:7; Or Zarua 2:53; Tosafus Shabbos 19a

[9] Admur 325:3 “Nevertheless, if the gentile is standing on the outside and he sticks his hand inside it is forbidden to place [the object] in front of him even if it belongs to him.”; M”A 325:3; Tosafus ibid

The reason: The reason for this is because it appears like wrongdoing being that one that sees the Jew giving it to him thinks [to himself] that the object belongs to that Jew. This is opposed to when one places [the gentiles object] in front of him in the courtyard [which is allowed] because people [from the outside] do not see [the Jew placing the object] there, and [rather all they see is a gentile] exiting from the domain of the Jew with something in his hand, of which [the bystander] thinks [to himself] that the [gentile] is taking his own belongings and not that of the Jews. (Nevertheless, if in truth the object [being given to the gentile] does belong to the Jew, then it is forbidden [to give it to him] as perhaps the bystanders will [eventually] know the truth [that this object belonged to the Jew] and they will suspect the Jew of giving it to [the gentile] in order to take it out for him. However, when the object belongs to the gentile if the truth becomes known to the bystanders [that the object belongs to the gentile] then there is no suspicion [of wrongdoing] at all.) [Admur ibid; M”A ibid]

[10] Admur 325:4 “As well in any situation in which [giving the gentile an object] involves [common actions done for] the sake of peace [with other nations], such as [in a case that] an ill gentile sent a messenger to bring him food from a Jew, then it is permitted to give it to [the messenger] or to even [personally] send a gentile [messenger] to bring it to him.”; Michaber 325:1; Or Zarua ibid; Hagahos Maimanis Shabbos 6 Taf; Mordechai ibid

[11] Admur 325:4 “The same law applies when [giving the item to the gentile who will take it outside] is needed to be done for the sake of a Mitzvah, such as to remove Chameitz from ones house on Pesach, as will be explained in chapter 444 [Halacha 10-11].”; Rama 325:1; Mordechai ibid

[12] The reason: The reason for all the above allowances is because having a gentile do a forbidden labor on one’s behalf is only a Rabbinical prohibition, and being that today there are opinions which say that public domains no longer exist and rather it is all defined as a Karmalis [which is only Rabbinically forbidden in carrying] as will be explained in chapter 345 [Halacha 11], thereby [asking a gentile to carry out the objects] is [asking him to do] a Rabbinical prohibition [which itself is] of [only a guard against] a Rabbinical prohibition which was permitted [to be done] in a case that involves a Mitzvah as was explained in chapter 307 [Halacha 12]. This same allowance [given] also applies in a situation that involves the making of peace [with the gentiles], as well as a situation which involves an aggressive gentile. [Admur ibid; M”A 325:6]

[13] See Admur 345:11; 307:27

[14] Admur 325:4; M”A 325:6

[15] Admur 347:3; M”A 347:4; Taz 347:1; Tur 347; Levush 347; Tur 347; Rosh Shabbos 1:1; Tosafus Shabbos Shabbos 3a

[16] The reason: So long as the Jew does not hand the item to the hand of the nonreligious Jew, and rather the nonreligious Jew takes the item from his hand, then he does not transgress any Shabbos prohibition [neither biblical or rabbinical], being that the nonreligious Jew did both the Akirah and Hanacha, and he has done nothing [other than provide the Jew with the ability to carry the item which does not transgress any intrinsic carrying prohibition]. [Admur 347:2-3; Tur 347; Rambam Shabbos 13:7; Shabbos 3a; Rosh Shabbos 1:1; Levush 347] Nonetheless, [in an area with a biblical public domain] it is biblically forbidden for one to do so being that he is causing his friend to stumble, as he is providing him with an object to carry from one domain to another, and he transgress the prohibition of Lifnei Iver Lo Siten Michshol. [Admur 347:3; Taz 347:1; Tur 347; Levush 347] [In an area with a rabbinical public domain, known as a Karmalis, one would transgress a rabbinical prohibition of Lifnei Iver Lo Siten Michshol.] Now, the above transgression of Lifnei Iver only applies if the nonreligious Jew would have no way of retrieving the item without the assistance of the Jew. If, however, the item was found in a way that the nonreligious Jew would on his own be able to take the item without the assistance of the Jew, then the Jew does not biblically transgress Lifnei Iver Lo Siten Michshol, although it nevertheless remains rabbinically forbidden for him to give him the item. [Admur ibid; M”A 347:4; Tur 347; Rosh ibid; Tosafus Shabbos ibid] The reason for this is because aside for the intrinsic Rabbinical prohibition to provide an item [that one owns] to another person to carry on Shabbos in a forbidden way, which applies even against giving an item to a Gentile, as explained in 325:2 [and 307:35], there is also a rabbinical prohibition against assisting another Jew in doing a sin, known as Misayeia Leovrei Aveira [which applies even if the item belongs to the nonreligious Jew]. [Admur ibid; M”A ibid; Rosh ibid; Avoda Zara 55b; Mishneh Gittin 61a] For this reason, it is forbidden to offer a heretic a forbidden item/food even if the heretic is is able to take it on his own. [Admur ibid; M”A ibid; Tosafus  Avoda Zara 55b; See Rama Y.D. 151:1; Shach 151:6; Degul Merivav ibid]

[17] Admur 347:3