[Avodah] Fwd: goy or chiloni

[Saul Mashbaum]

---------- Forwarded message ----------
From: Saul Mashbaum <saul.mashbaum at gmail.com>
Date: Jun 7, 2009 8:13 PM
Subject: re: goy or chiloni
To: Avodah <avodah at lists.aishdas.org>


RAFolger
>>

(b) The real thing to compare the question of a Chul Jew asking an EY
Jew in EY to do a melakha on YT sheni is whether one Jew who began
Shabbat early may ask another Jew who begins Shabbat with the zman, to
do a melakha for the former.
>>

I wish to  expand on my previous posting, which cited SA OC 263;17,
which explicitly permits "one Jew who began  Shabbat early to ask
another Jew who begins Shabbat with the zman, to do a melakha for the
former."

There is a dispute as to whether the basis of this heter is the
potential permissibility of the action in question to the asker (since
he didn't have to accept early Shabbat) or the actual permissibility
to the person being asked. The Taz holds the latter, and would most
probably permit a chu"l Jew to ask an Israeli Jew to do m'lacha for
him on YT sheni, such work being entirely permissible to the Israeli
Jew.

For those who hold the former (most poskim) the question is a very
knotty one, depending on the exact nature of the prohibition for a
chu"l Jew to do m'lacha in EY on YT sheni, a matter of considerable
dispute.This question is directly addressed in the Shaarei Tshuva to
OC 496:3, who cites tshuvot of achronim, some of whom are lenient and
some of whom are stringent.

See IM OC III, 73. RMF cites the above Shaarei Tshuva, notes that he
does not have access to the tshuvot cited therein, and on the basis of
his own reasoning favors the position that the activity in question is
forbidden (since asker is forbidden to do the m'lacha m'ikkar hadin).
He explicitly rejects the comparison to SA OC 263:17.

The Shmirat Shabbat K'Hilchata 31:33 also says a chu"l Jew may not ask
an Israeli Jew to do m'lacha for him on YT sheni. In footnote 80*
there he cites the above-mentioned IM. He also says RSZA forbids this.
 Having said this, he concludes "however, in practice many are lenient
on this, based on the fact that issur m'lechet YT sheni in EY is only
an minhag, b'tziruf shitat haChacham Tzvi (who says that one need not
observe YT sheni in Israel at all (SM) )"

All this relates to explicitly asking an Israei to do m'lacha on YT
sheni. All poskim agree that a chu"lJew may benefit from m'lacha done
for him on YT sheni by an Israeli Jew of his own volition. In
practice, here in Israel , even for those who are stringent regarding
a direct request, the chu"l Jew simply hints at what it is he would be
very happy if it were done for him, and the Israeli goes ahead and
does it. The chu"l Jew may benefit from this action without qualms.

Saul Mashbaum