[Don’t forget to see the Halacha
Encounters below!]
Parshas Bichukosai
If
you will follow My decrees and observe My commandments
and perform them, then I will provide your rains in their
time…(26:3).
Rashi explains that the Pasuk contains three phrases that
seem to be repetitious. Their combined meaning is as follows:
If you will follow My decrees by engaging in “intensive” Torah
study, with the intention that such study will lead you to
observe My commandments properly, and if you actually
do perform them, you will merit the blessings given in the
following verses.
The Gemora in Chagiga cites a conversation
between Bar Hei Hei and Hillel. Bar Hei Hei asked Hillel, “What
is the meaning of the Pasuk “You will return and see the difference
between a righteous person and a wicked person, between one
who serves Hashem and one who does not serve Hashem.” (Malachi
3:18) It seems that the Pasuk is repeating itself. A righteous
person is the same as one who serves Hashem. And a wicked person
is one who does not serve Hashem. Hillel answered that one
who serves Hashem and one who does not serve Hashem are both
completely righteous, nevertheless, there is no comparison
between one who recites his learning 100 times and one who
recites his learning 101 times. Ben Hei Hei asked Hillel, “Because
he failed to review his learning that one extra time he is
called one who doesn’t serve Hashem?” Hillel answered, “Yes,
go out and learn from the market of donkey drivers, where a
journey of ten parsahs costs one zuz, but a journey of eleven
parsahs costs two zuzim.” The Maharsha explains Hillel’s
cryptic answer as follows. People would hire the services of
a donkey to transport their merchandise from one place to another.
Ten parsahs was the standard distance covered by a donkey driver
in one day. But if he were hired to travel eleven parsahs in
one day, in which case he will have to go faster than usual,
he would charge a disproportionate amount. So too, one who
learned 100 times, has now learned all he needs to in order
not to forget his learning. However, the 101st time
learning the same Gemora shows that one is learning for the
sake of being an Oved Hashem (and will get more S’char). We
at times have extra spare time to learn and we do not utilize
this time to its utmost. Just remember, the harder it is to
learn the more S’char one gets and is called an Oved Hashem.
Rabbi
Eisenbach heads the Kollel’s Zichron Aharon Mechanchim Night
Chabura.
Halacha Encounters
Shabbos
Earnings and Wages
Rabbi
Avi Weinrib
Shabbos, our Rabbis teach us is not just a day where we desist
from forbidden forms of work. The very essence of the day should
be different, infused with spirituality and removed from mundane
matters. Business matters should be absent from one’s speech
and preferably even from one’s thoughts. Included in business
matters forbidden on Shabbos is for one to accept money for
work done on Shabbos, no matter when the hiring took place.
This is referred to by the Poskim as Schar Shabbos and in this
week’s Halacha Encounters we will explore when and where does
this prohibition apply.
The first point to clarify is whether it is only forbidden
to accept Schar Shabbos or to pay for work done on Shabbos
as well. The practical difference would be if one would be
allowed to pay a gentile for work done on Shabbos. [To pay
a Jew would be forbidden under the prohibition of Lifnei Iver. One
cannot place a stumbling block to cause another to sin. Being
that it is forbidden for a Jew to accept Schar Shabbos it would
likewise be prohibited to cause a Jew to accept it] The consensus
of the Poskim is that it is only forbidden to accept payment
but to pay for such work would be permitted. [See Shmiras Shabbos
Kihilchoso 28—49 and footnote 112]
There are a number of situations where it is permitted to
even accept payment for work done on Shabbos. One must be aware
of them before getting involved in common situations such as
babysitting, tutoring, waiting, or any other work performed
on Shabbos. Additionally Schar Shabbos is not limited to work
but also includes monies paid for renting a room, utensils
or any other form of payment for services rendered on Shabbos.
Havloah
Chazal only forbade accepting wages when the wages are exclusively
for the work done on Shabbos. However, if the payment would
be for weekday work as well this is considered Havloah [literally
swallowed]. The Shabbos wages are swallowed together with the
weekday wages. It is not sufficient, though, to merely pay
for both jobs at one time. This is not considered Havloah as
the two payments are in no way connected. Havloah only applies
where the original hiring was for both jobs. In addition it
must be a situation where after hiring it is generally accepted
that neither party will back out. When these conditions are
fulfilled we see both the Shabbos and weekday work as one unit
and the payment is not a Shabbos payment but a weekly or monthly
payment. [See Mishna Berura 306-20 and Shmiras Shabbos Kihilchoso
28-58.] Based on this, if one would tutor on a weekly basis
it would be permissible to accept wages for the week even though
this would be in part for Shabbos. This would also explain
how a hotel or rental agency could accept payment for a room,
car, etc. even though the rental period includes Shabbos. Being
that the rental begins somewhat before Shabbos and commences
sometime after Shabbos, then the payment is not a Shabbos payment
but a payment for the unit of days which includes both weekday
and Shabbos.
Expenses
An extension of Havloah would be if one incurs expenses for
the work done on Shabbos. If this were the case then the payment
is not just for the work but rather for the work performed
and the expenses incurred. This is based upon the Noda B’Yehuda
[Tinyan, 26] who permits a Mikvah to accept money for Shabbos
services based on this rationale. Being that the Mikvah incurs
expenses, [heating the water, electricity, etc.] when one pays
he is paying a lump sum to cover the expenses and the use of
the mikvah.
Mitzvah
There are those who permit Schar Shabbos when the work performed
is for a Mitzvah. For example, to accept payment for being
a Chazan or the one who blows Shofar on Rosh Hashanah would
be permissible. The Shulchan Aruch [306] brings two opinions
regarding this practice. However, even according to the opinion
which permits this, he tells us that the person will not see
Siman Beracha [literally a sign of blessing] from the money.
This would mean that even if he thinks he has profited from
the money he will suffer a loss somewhere else. However, if
it is necessary to prepare during the week he can then be paid
B’Havloah. However R’ Shlomo Zalman Auerbach ZT”L [Shmiras
Shabbos2 and footnote 145] raises a very important point. Havloah
would only work if the weekday work would normally be paid
for. However to hire a Chazan for Rosh Hashanah and a weekday
Tefillah would not be a valid form of Havloah. Since no one
pays a Chazan for a normal weekday Tefillah the payment cannot
be considered to be going on both. However the time put in
for preparation is part of what one gets paid for and this
can be considered Havloah.
Present
One can accept a present for work done on Shabbos since it
is not wages. However one cannot do a job which no one would
do without payment and consider the wages as only a present.
Only for a job where it is accepted to be done without payment
can a present be given and accepted. [See Shut Avnei Yishpa
Volume 1 O.H. 75-5]
Rabbi
Weinrib learns full-time in the Kollel.
Now
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