Question:Asking a child to open a fridge on Shabbos if this will cause the light to turn on? Discussion: There are several different points that need to be clarified, as well as various angles with which to approach this question. It should be stressed at the onset that it would be far more preferable (from a Halachic perspective) to ask a non-Jew to open the fridge. The reason for this is because asking a non-Jew to perform a permitted action (opening the fridge) which will cause a forbidden action to occur (the light turning on) is classified as amirah le’akum of a p’sik reishe which according to the Terumas Hadeshen, Remo and Mishna Berura in several places is permitted. Only if no non-Jew is available can we consider if there is room for leniency using a child: 1) First of all, it needs to be ascertained if the light bulb in the fridge is a filament bulb or LED bulb because this is a very significant detail, as turning on a filament bulb constitutes an issur d’orayso of ma’avir, whereas an LED bulb does not pose a problem of ma’avir but appears to be ossur midrabonon to turn on because of molid. (It should be mentioned that according to the Chazon Ish all electrical circuits constitute an issur of boneh.) 2) Returning to the question of asking a child to open a fridge where the adult knows that opening the fridge will cause the light bulb to turn on: If the child is unaware that opening the fridge will cause a light to turn on, the action of opening the fridge is classified “misasek” which is an issur d’rabonon. Both the Rashbo and Ran maintain that it is permitted to ask a child to violate an issur d’rabonon when done for the needs of the child. (The Bi’ur Halocho in Siman 343 quotes the opinion of the Ran and Rashbo.) Therefore, if the child is unaware that opening the fridge door will cause a light to be turned on and there is a need for the child to access food inside the fridge, it is permissible to ask the child to open the fridge, because this is a situation of sofinon a child an issur d’rabonon (misasek) for the needs of the child. 3) In the same situation, if there is no need for the child to access the food inside the fridge, and the parent (or another adult) wants to open the fridge for their own needs, there is still a leniency to ask a child who is unaware that opening the fridge door will cause a light to be turned on to open the fridge, based on the view of the Graz. The Graz (Orach Chayim Siman 343) writes that since the only concern with requesting from children to violate issurei d’rabonon is because they may come to mistakenly think that they (i.e. the child) have a “special status” and dispensation to violate issurim (“osi l’misrach” ), if the adult only requests from the child to violate an issur d’rabonon as a one off, and not as a regular occurrence, there is no concern that the child may come to mistakenly think that he has a “special status” and dispensation to violate issurim and there is no concern of osi l’misrach. In a situation of necessity, it is possible to rely on the view of the Graz. Summary: 3) If there is no need for the child to access the food inside the fridge, and the parent (or another adult) wants to open the fridge for their own needs, there is still a leniency to ask a child who is unaware that opening the fridge door will cause a light to be turned on to open the fridge. This is based on the view of the Graz who maintains that if the adult requests from the child to violate an issur d’rabonon as a one off, and not as a regular occurrence it is permitted. |
Shabbos
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