DEDICATED IN MEMORY OF

Eliyohu ben Moshe Mordechai a”h

By his family

Asking a Non-Jew to Open the Fridge?

Ask the Rov: May I ask a non-Jew to open my fridge on Shabbos if the light will turn on? Rabbi Chaim Hillel Raskin responds.

May I ask a non-Jew to open my fridge on Shabbos if the light will turn on?

On Shabbos, Chazal prohibited telling a non-Jew to do a melacha for you. Yet, if the melacha itself is d’rabonon (making your request of the non-Jew a twice d’rabonon shvus d’shvus) and it’s needed for a mitzva or pressing need, it is allowed.

Doing a melecha d’oraisa with a shinui (abnormal manner) lowers it to an issur d’rabonon. Thus, halacha rules that one who requires tevila and has grown nails which pose a chatzitza may have a non-Jew remove them with their hands or teeth.1 Likewise, some allow asking a non-Jew to cut an esrog off a tree by biting the branch.2

What about flipping a light switch with the elbow? Some hold that it’s only considered a shinui if the result is imperfect (as in the cases above). Since l’chumra we consider the non-Jew a shliach of the Jew, the results are attributed to the Jew.3 Others write that any abnormal method is a shinui, even if the results are perfect (particularly by Shabbos where the Torah specifies meleches machsheves, a deliberate, calculated act).4 One may rely on this opinion in case of need.

What if I tell the non-Jew to use a shinui and he decides to do it normally? Some hold that since he is doing a Torah prohibition for the Yid it would be prohibited to benefit from it.5 Others argue that since the Jew explicitly instructed him to do it with a shinui and the non-Jew chose to do it normally for his own convenience, he is not acting as his shliach.6 This is the accepted practice.

Opening a fridge with an automatic light is psik reishei, an unintended result which is unavoidable. When telling a non-Jew to open the fridge, one is not telling him specifically to turn on the light. While some poskim are concerned, the Alter Rebbe permits it, even if the non-Jew knows that the light will turn on.7 Since it’s not part of the Jew’s instructions, the non-Jew was not made a shliach for that act, and it isn’t attributed to the Jew.8

Some argue that opening the fridge is not truly a psik reishei but a direct act. Psik reishei is when one action inadvertently triggers a separate, unrelated result, whereas an act that serves two functions at once, one permitted and one forbidden, is considered to have been done for the forbidden act as well.9

See Sources (open PDF)

COMMENTS

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    1. Back in the day kids would sometimes play with chicken heads. So this person is cutting off the head for the head. He would love it if the rest of the animal stayed alive. But being that it automatically happens as a result, it’s a פסיק רישא.

    2. פסיק רישא של התרנגולת הוי פעולה אחת ואסור לכו”ע. פסיק רישא דהמקרר הוי ב’ פעולות ומותר לרוב הפוסקים, ודומיא דפתיחת הדלת לפני נר כשיש רוח בחוץ.

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