Yom Tov for You – But Not for Me!

Question: May I ask a non-Jew in America to file a document for me when it is Motza’ei Shabbos or Motza’ei Yom Tov here (in Eretz Yisroel) and still Shabbos or Yom Tov there? Does it make any difference if it is Yom Tov sheni? What if one or more Jews might be involved in subsequent steps of the process? What if not doing it might cause me, my firm, or the client a major financial loss? Finally, if I think the person I am asking is not Jewish (e.g., based on his name), am I obligated to confirm that?

Answer:

As long as it is not Yom Tov for you, there is no prohibition of amira lenochri (asking a non-Jew to do melocho), since the melocho was neither requested nor done at a time when it is forbidden for the Jew to do it.

There are three possible reasons for the prohibition of amira lenochri:

1. Having a weekday discussion on Shabbos or Yom Tov (dibbur chol beShabbos) is forbidden.[1]
2. The gentile has the status of an agent (shaliach) of the Jew who asked him to do the melocho.[2]
3. The restriction of amira lenochri was instituted so that Shabbos would not be viewed lightly. This way the Jew will avoid doing melocho himself.[3]

None of these reasons provides a basis for forbidding a Jew to ask a gentile to do a melocho if the request is made and the melocho performed at a time when the Jew would be permitted to do the melocho himself.[4]

Does it make any difference if it is Yom Tov sheni?

Yom Tov sheni is like Yom Tov rishon with respect to all aspects of amira lenochri.[5] Since it is permissible to ask the gentile to do a melocho when it is Yom Tov rishon where the gentile is, it is also permissible to do so when it is Yom Tov sheni where the gentile is, provided that it is chol where the Jew is.

What if one or more Jews might be involved in subsequent steps of the process?

You do not have to be concerned about such a possibility. Your potential influence in assisting a Jew to perform a melocho is too remote.[6]

 What if not doing it might cause me, my firm, or the client a major financial loss?

A major financial loss is a valid reason for allowing a Jew to ask a gentile to perform certain melachos. If the melocho is derabbonon (e.g., using electrical equipment, cars, lights or telephones on Yom Tov), you may ask a gentile to do it right then and there, even if you are in the same place as the gentile.[7] However, in the circumstance you presented—when it is not Yom Tov or Shabbos where you are—it is unnecessary to rely on this leniency. As for a loss to the firm or client, the issue is whether one Jew can ask a gentile to do a melocho to spare another Jew a major financial loss. The answer is no; however, if the first Jew might also suffer a major financial loss (e.g., his job), it would be permitted.[8]

If I think the person I am asking is not Jewish, am I obligated to confirm that?

In a place where most people are gentiles, you do not have to confirm that the person is not Jewish. You may rely on the majority of people in that area. Unfortunately, today a Jewish last name is not a clear indication that the person is Jewish. The statistics may show that a significant number of people with Jewish-sounding names are in fact not halachically Jewish. It is not inconceivable that in our lifetime they may become the majority.

BookID: 1 Chapter: 307

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