Q) Am I allowed to ask a non-Jew to light a cigarette for me on Yom Tov?
A)For a melocho that is prohibited on Shabbos to be permissible on Yom Tov, it needs to fulfil three criteria
- Ochel nefesh – the melocho in question must be a melocho that is typically involved in food preparation – e.g. losh, bishul or shochet. Melochos that are not typically involved in food preparation (e.g. kosev, tzov’ea) may not be performed on Yom Tov – even if one does intend to perform these melochos for the purpose of food preparation.
- Tzorech Yom Tov – even melochos that are classified as ochel nefesh may only be performed on Yom Tov for a Yom Tov necessity, but may not be performed in order to be benefitted from after Yom Tov, or for a non-Jew or an animal.
- Shoveh l’chol nefesh – lastly, even if a melocho is melechos ochel nefesh and is being performed in order to benefit a Jew on Yom Tov – there must be a necessity that is applicable to all in order to justify performing the melocho on Yom Tov. For example, in the Mishnaic era bathing was not considered a daily essential, and consequently the Mishna rules that one is forbidden to heat up water on Yom Tov in order to wash one’s whole
Returning to smoking: The primary melocho (when lighting from a pre-lit flame[1]) involved is ma’avir – lighting the cigarette, and increasing the size of the flame while smoking. Ma’avir is one of the meleches ochel nefesh, and it is being performed for a Yom Tov necessity. The question is: is smoking considered shoveh l’chol nefesh in an era where the majority of the general population do not smoke?
Many (although certainly not all) contemporary Poskim maintain that smoking is in fact forbidden on Yom Tov because it is classified as a melocho she’eino shoveh l’chol nefesh. Consequently, although one may light candles on Yom Tov (from a pre-lit flame) – a cigarette may not be lit.
Following this line of reasoning, it would also be forbidden to ask a non-Jew to light the cigarette; because the default position regarding amirah le’nochri on Shabbos and Yom Tov is that whatever a Jew may not perform, a non-Jew may not be asked to perform (see Shulchan Aruch OC 307:5).
[1] ייצור אש ביו”ט (ע”י גפרורים וכד’) אסור מדרבנן משום מוליד