It is forbidden to allow a non-Jew to do work for you on Shabbos. They (the Sages)¹ based this on the verse:² 12: 16. "No manner of work should be done," which implies (not) even through a non-Jew.³ 244, Semag, and Rashi, Exodus 12: 16. See Rashi (Maseches Shabbos 153a). This is prohibited because the non-Jew is your shaliach (agent) and it is as though you did it yourself. Also see Rashi (Maseches Avodah Zarah 15a). If you⁴ give the work to the non-Jew on Friday even though the non-Jew does it on Shabbos, it is permissible, But only on these conditions: a) the non-Jew must take the article from the house of the Jew before Shabbos and not on Shabbos.⁵ 252: 1].

footnotes: ¹ Virtually all Poskim agree that telling a non-Jew to do work for you on Shabbos is a Rabbinical prohibition. ² Exodus ³ Beis Yosef ⁴ Directly. ⁵ If the need is great and the non-Jew came on Friday night, after dark, to take the article you may give it to him [see Biur Halachah

b) The wages of the non-Jew should be set in advance⁶ 252, based on Shulchan Aruch and Magein Avraham]. so that he will be doing the work for his own sake in order to get paid. Therefore, if you have a non-Jewish servant for a pre-determined period of time, it is forbidden to allow him to do any work for you on Shabbos,⁷). Eliyahu Rabbah permits it when he does it for himself. Chayei Adam permits it when he does something that is obviously for his own benefit. See Mishnah Berurah 244: 30, see Kitzur paragraph 8 and footnote 19. because then the work is done solely for the benefit of the Jew. If a non-Jew travels to a certain place and a Jew gives him a letter to carry there, which he will carry on Shabbos, the Jew must give him some compensation,⁸ (kelal 3: 11) permits mailing letters on Erev Shabbos. Also see Peri Megadim 247: 3. so that the non-Jew does it for his compensation and not gratis.

footnotes: ⁶ It is sufficient to tell him that you will pay him properly. If there is a standard fee you need mention only that you will pay him without stipulating the amount. Even when it is accepted that everyone pays for such work, you still must mention to the non-Jew that you too will pay [Biur Halachah ⁷ This holds true even when he does not do the work in your house and even when you did not tell him to do it. Some say you must protest his doing it in your house even when he is doing it for himself (Taz ⁸ Chayei Adam

c) The wage should be established for the entire job, and the non-Jew should not be hired by the day.

d) It is forbidden to stipulate with the non-Jew that he do the work on Shabbos. Even if you are not explicit about his doing it on Shabbos, but you set the time for the work to be completed shortly after Shabbos, and it is clearly impossible to complete the work by that time unless it is done on Shabbos; this too is prohibited. Similarly, if you give him a letter and tell him, "See to it that it is delivered there on such and such day," and it is clearly impossible, unless he travels on Shabbos; this too is prohibited. Likewise, if the market day is on Shabbos, it is forbidden to give a non-Jew money⁹ 307 maintains that this is prohibited even if you do not give the non-Jew the money. on Friday to buy something for you when you know that he can only buy it on Shabbos. Similarly,¹⁰ 307. This sentence does not appear in many editions of the Kitzur Shulchan Aruch. it is forbidden to give him something to sell for you under these conditions. However, the aforementioned instance in which you did not specify that he do the work on Shabbos is only prohibited if you give (the work) to him on Erev Shabbos, but before then¹¹, you are permitted to give work to a non-Jew on Wednesday or Thursday even if you do not define his wages and even if it is impossible to accomplish it without working on Shabbos, provided you do not tell him to work on Shabbos. This is the ruling of the Magein Avraham 247: 4 and 307: 3. See Mishnah Berurah 247: 13. But the Mishnah Berurah 307: 12 seems to agree with Eliyahu Rabbah’s ruling that if it is not possible to accomplish the job without working on Shabbos, then it is the same as telling him to work on Shabbos, and it is not allowed, even in the beginning of the week. you may give him something to make or some money with which to make purchases. It is best not to live in a city where the (only) market day is on Shabbos, for it is impossible to avoid violations. If the market is not in the Jewish neighborhood, there is no reason to worry.

footnotes: ⁹ Peri Megadim ¹⁰ Magein Avraham ¹¹ According to the Kitzur Shulchan Aruch

e) The work should not be connected with the soil such as construction or farm work. Construction work is forbidden through a non-Jew on Shabbos even if you have stipulated his wage for the entire construction job.¹². You are not allowed to do something which places you under suspicion of wrongdoing. If the matter is very pressing you should consult a Rabbinical authority. And even to cut stones or prepare wooden beams for building purposes, if it is known that they belong to a Jew, and the non-Jew works on it in public,¹³ 244: 2 rules that even if the non-Jew does it in his own house, it is not permitted. Chayei Adam [Kelal 3: 9–10) rules that it is forbidden only when it is known to the public that the stones or beams belong to the Jew. it is forbidden to be done on Shabbos. This rule applies also to farm work such as plowing, harvesting, etc; even if you hired the non-Jew to do the job for a set wage, (contractual basis) and he is not a salaried worker, it is forbidden. However, if the non-Jew receives a percentage of the crop, and it is customary in those areas,¹⁴ 243: 1. that the farm worker shares in the crops, it is permitted. If the field is far away, so that no Jew lives within techum Shabbos,¹⁵ it is permissible [for the non-Jew to work on it] even for a pre-set wage (without a share), provided he is not paid by the day.

footnotes: ¹² Since construction works are open to public view, and people know that it is your project, they will suspect that the non-Jew works for you on Shabbos, and they won’t be aware of the fact that you did it in a permissible manner, according to halachah ¹³ Shulchan Aruch ¹⁴ i.e., this is the usual practice. See Biur Halachah ¹⁵ Including yourself; see chapter 95.

If a non-Jew built a house for a Jew on Shabbos, in violation (of the aforementioned Halachos), it is proper to be scrupulous¹⁶ you are allowed to move in, but it is proper to refrain from using it. However, if he worked and was paid by the day you are prohibited from using it [Bach, Magein Avraham, Chayei Adam, Mishnah Berurah 244: 19]. If you gave the non-Jew work on a contractual basis, and it is within the techum, you must make it conditional that he not work on it Shabbos. If he breaks this clause and works on Shabbos, the Mordechai and the Vilna Gaon rule that you need not even attempt to stop him. The Mishnah Berurah 244: 22 rules like the Magein Avraham (and Eliyahu Rabbah, that you should protest, but you do not have to pay him to stop working on Shabbos. If you failed to make this condition you may be required even to pay money to prevent him from doing the work on Shabbos [See Mishnah Berurah, Biur Halachah 244: 22]. and not move into it. (This Halachah has many details.)

footnotes: ¹⁶ If he worked on a contractual basis and within the techum

If you own a field or mill, you may lease them to a non-Jew even though the non-Jew will work there on Shabbos. But you may not lease a bathhouse to him.¹⁷ If the bathhouse is not yours, but you merely rented it from a non-Jew, you should consult a Rabbinical authority on how to act.¹⁸ 243: 2 and Mishnah Berurah. Similarly, if you own a hotel, brick factory or glass factory, etc., you should consult a Rabbinical authority on how to act.

footnotes: ¹⁷ This applies also to other holdings where the owner’s identity is usually well known. ¹⁸ See Rema

It is forbidden to allow a non-Jew to do a melachah¹⁹, here refers to the categories of work that are forbidden on Shabbos. under any circumstances in the house of a Jew. Even if a non-Jewish servant wants to do a melachah for himself [in your house],²⁰ 244: 3 permits it. you must protest his doing so.²¹ for you with his own utensils [e.g., he turns on his own flashlight] without your asking him to do so, you need not protest. However, you may not derive benefit from it lest you ask him to do it [Shulchan Aruch Harav 252].

footnotes: ¹⁹ Melachah ²⁰ People may think that he is doing it for you. See footnote 7. The Da’as Torah ²¹ If a non-Jew visits your house and does a melachah

If a non-Jewish tailor made a garment for you, and brought it to you on Shabbos you may wear it. But if you know that he completed it on Shabbos you may not wear it²² 252: 4]. unless it is of extreme necessity.²³), and even then, it is permitted only when the tailor worked on Shabbos in order to finish the job, but not when he did so in order for you to enjoy it sooner. If he did it on Shabbos to accommodate your needs you are forbidden to wear it until after Shabbos [see footnote 21] [Magein Avraham 252: 11, see Rema 276: 1 and Mishnah Berurah 252: 27]. You are allowed to have indirect benefit from the work that a non-Jew did for you on Shabbos, and you are allowed to hint to him to do it, [e.g., you say, “I cannot eat the tuna fish because the can is closed.”] In this case your benefit from the tuna is indirect, for the melachah is done to the can, not to the tuna. See Mishnah Berurah 340: 41. You are not allowed to take vessels or clothing from the craftsman's house, not even from a Jewish craftsman, on Shabbos or Yom Tov.²⁴. Also see Mishnah Berurah and Biur Halachah 252: 4.] If you absolutely need it for Shabbos, you may take it from him in a way that will not be noticed [Biur Halachah 252: 4]. If the non-Jew is not a²⁵. The Rema 252: 4 permits this even if he is a craftsman who makes shoes and sells them to the public, as long as they are not custom made. craftsman but owns a store that sells shoes etc., a Jew who knows him well is permitted to take shoes from him on Shabbos and wear them. (You may do this) provided the price of the merchandise was not established and (provided) the goods were not brought from outside the techum.²⁶ and use them immediately after Shabbos [see Mishnah Berurah 325: 42].

footnotes: ²² Until sufficient time has elapsed after Shabbos to accomplish the work that was done on Shabbos [Rema ²³ i.e., that you have no other Shabbos garment (Biur Halachah ²⁴ You cannot send a non-Jew to take it for you either. [Peri Megadim ²⁵ The author agrees with the Magein Avraham ²⁶ If these goods are needed for a mitzvah you may rely on the opinion of the Rosh

Tools that are used for a melachah, such as a plow or similar things, are forbidden to be rented to a non-Jew on Erev Shabbos.²⁷ [Orach Chaim 246] rules that we may be lenient in cases where the article is normally used only for work that is Rabbinically prohibited. For though we are not commanded to let our utensils rest (on Shabbos), nevertheless, since you take a fee, and you rented it to him on Erev Shabbos, it appears as though the non-Jew is your agent. However, on Thursday, you may rent to a non-Jew. It is permitted to lend him [tools] even on Erev Shabbos, even tools normally used for a melachah, provided the non-Jew takes them from your house before the Shabbos sets in. Even if you make an agreement with the non-Jew that he lends you his tools, in return, on another occasion,²⁸ 246: 1. it is permitted, and we do not consider this equivalent to renting. And so to rent him utensils not used for a melachah, is also permitted, even on Erev Shabbos; provided the non-Jew removes them before Shabbos.

footnotes: ²⁷ Rabbeinu Yonah. Rabbi Akiva Eiger ²⁸ If you lend them to him on the condition that he lends you his tools at a later date for an even longer period of time, see Biur Halachah

It is permitted to rent vessels to a non-Jew, on the aforementioned conditions, only when you are not paid for Shabbos separately, but rather as a day among the other days. For example (it is permitted) to rent him (the vessels) for a month or a week, and tell him, "For the entire week or the entire month you must pay me this amount," or even [if you tell him] "For every two or three days (you must pay this amount)"; but specific payment for Shabbos, is forbidden. Even if you rent it to him for a year and you calculated individual days, [for example, if] you said, "I am leasing it to you for a year or a month, and for each day²⁹ 306: 4—Ran. This is prohibited only because the non-Jew may back out in the middle of the week, and pay only for the days that he actually used it. But if the terms of the contract require him to pay for the entire time, you may take the rent from Shabbos as well. pay me so much"; even though afterwards the non-Jew pays you for all the days in one lump sum, it is forbidden to accept the compensation for Shabbos, since individual days were calculated. It is forbidden to accept compensation for Shabbos unless it is included as part of a time period, even for such utensils that are not used for a melachah, and not even for the rental of a room. The prohibition of taking compensation for Shabbos is from non-Jews and Jews alike.

footnotes: ²⁹ Rema