Question:
Sometime i am offered a job on Shabbos. I would like to know what are the halachos regarding paying and receiving wages for work on Shabbos?
Answer:
Rashi Ketubos 64a Kesechar explains that the reason chazal prohibited taking sechar shabbos, wages from work done on Shabbos, is based on a concern of coming to doing business on Shabbos.
The primary prohibition applies to the one receiving the wages; however, it’s also forbidden to pay these wages even for permissible work because one causes lifnei iver for the one receiving it.
It is permitted to receive money on Shabbos for a rental that includes a pre-/post-Shabbos period. The same applies to services performed, that a Jew may serve as a waiter on Shabbos provided that he does some set-up before, or clean up after Shabbos. Shulchan Aruch (306:4) writes that one is permitted to earn money on Shabbos if it is blended in with payments for the week, month, year, or shemittah cycle. This is known as Schar Shabbos B’Havla’ah, Shabbos payments which are blended in, or literally swallowed up, with week payments.
One may not receive payment for renting out a room for Shabbos specifically, rather one should stipulate that the rental should begin a little before Shabbos or a little after Shabbos and certainly for a few days amongst them Shabbos.
One may rent out a car even if the rental is paid per day and includes Shabbos because the rental is paid for every 24 hour day from morning to morning and automatically in the payment for Shabbos is also a few hours after Shabbos. It is permissible to receive payment for work done over a period of time such as a month, week, or year even if Shabbos is included. According to Ashkenazim, this is only true if each side sees it as an agreement which is intended to last, however, if it’s seen as a temporary agreement and the either side could retract and only pay wages for each day, it’s not permissible to receive wages for the Shabbos.
Sephardim may rent to a non-Jew an object on Friday which will be used for a Melacha Deoraisah as long as the non-Jew has time to remove it from the Jew’s house. Ashkenazim should not rent such an object except on Thursday or earlier in the week. A Baby sitter who is watching children every Shabbos can receive the wages as a gift.
A doctor can receive wages for a call he did on Shabbos. This is so that the doctor will not compromise on his work or avoid going to a job that is pikuach nefesh because he is not getting paid for it. As brought by the Mishnah brurah 306:24 that the source of this heter comes from the mahari berunah and the reason given is that since it is considered a dovar mitzvah it is therefore permitted and he concludes that even according to those that forbid taking zchar on Shabbos for a dovar mitzvah, you can still permit a doctor to take payment in a case of sakanah since we are worried that he might not be as efficient if he is not receiving zchar.
A chazzan, bal koreh, or mashgiach who are only working on Shabbos can receive wages, but it’s better that it’s mixed with payment for some work done on a weekday. Rabbi Simcha Bunim Cohen concludes that as long the chazzan or baal korei prepare during the week, it would be permissible because of Schar Shabbos B’Havla’ah.
Sh”t Shaarei Ezra allows a Mohel to accept payment as it’s a dvar mitzvah but preferably he should visit the baby before or after Shabbos so the payment is mixed with permissible payment. |