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Business Activity on Shabbos. What Is Allowed, What Isn't? - Rabbi Yakov Zev Smith
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Business Activity on Shabbos עשיית מסחר ע"י עכו"ם בשבת
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hoping you roll well they say absent
makes a heart fonder but I can't imagine
it be any more fondle and we are having
it so I hope I'll see you soon
and today's sugah reminds what a blanket
he once said he said that don't think
that the American rabinal are any
smaller than the European rhuebottom the
problem is they have more difficult
shila's and today I'm gonna talk about a
zucchini local shoppers that has many
applications I guess we could say it's
doing business on Shabbos Pinella heat
how could that be which will do business
on Shabbos I'll give you a typical case
someone est has a growing business and
it's and it's basically a national
business and it gets many goyish to
customers and it can close on Shabbos
people call they want to know what's
doing and he can't just leave an
answering machine that takes a message
he needs to hire answering service a
human being that answers the phone makes
some lot of deals some sales maybe
appointments but it can't just leave the
business totally inaccessible on Shabbos
could you hire a guy use your answering
service to do that service or we had
someone that has a again a growing
business and he wants to hire a sales
representative to go and sell his
merchandise to companies and the
salesperson does it on Shabbos and I
think what was really the stimulus of
today's sugah younger man that I know
from the Shiva called me and he has a
great offer to become a pawn in a
nursing home but it's a out of town
nursing home it's all go yes and it
operates on shoppers like during the
week is that his responsibility the fact
that the Malacca is being done so I must
tell you even if these particular
showers are not negated to you but as
we'll see we're touching upon the ickey
you say the selfish Shabbos which of
course negated to all of us now there
are a variety of question that we will
touch upon this morning but the common
denominator it is pertaining to the
Heyliger Shabbos and it's inspiring when
you learn the sugaoka zal carefully
protected the Heyliger Shabbos people
say well what's wrong That's not me I'm
sitting home
I'm learning and I'm vomiting on Shabbos
it's a guy that's the problem not the
solution the fact that Amelia outcome is
definitely awesome but people don't see
it that way it's very tempting to hire a
guru and make some money it's not me but
I'm merely outcome is a definite ism and
he once told me people think I merely
Occam is a heta they don't know it's a
Nyssa but I told him I would say it even
better
people think I'm you lock him is not
just the heta it's a way of life and
people that in the business world
sometimes have this notion it's a lot to
say about the marula acumen of the
Shabbos but suffice the words of the
menagerie I'm one of the great we
showing them ask questions minister
Mayan and he recorded the responses in
Simon dollar of the truest Menasha Miami
asked about a situation of mere LaRocco
and the response was Lacey get Boyard
hisako you suckle a you areare a calling
Ageha badarian can a guy a bit bhavas a
nigh you're playing with fire you're
starting up with very Island that's the
brain stem the pupil of the burning
slums RI and then it concludes become of
the claimants also have common kids
doctor am i used to Michelle Toyota
there's more of a protection regarding
Amira outcome than even a necessary sir
and as you learn as well see there's a
tremendous sensitivity to Amira outcome
in fact I saw interesting prima Gotham
in three places in regime M gimel olive
raised from dollar a loaf and Raymond
gimbals he's continued gimbal and all
three places the prima God that makes a
point of asking will soon see that
regarding a meal Arkham besides the is
that is also a concern of my rasayan
even if its motor but it looks bad Frank
the prima garden the whole Amir la
camisa meet their opponent so how do you
make Xavier on a troponin isn't that a
typical is a role Xavier says the Prima
garden that since it's a Murloc was
based on a plastic it's like a derisive
we treated like a derisive so it's this
combination the Homer of Miele Akram and
the fact that it's a big Nestorian and
it's very
tempting to just hire a guy quote
unquote
you will see and we stand we did see
throughout the diaries there was a
tremendous the heroes in it it's a lot
to say but suffice the words of except
safe in the end of Simon mammal of
Anaheim and the tubas he says I have no
problem being may call me a kitten in
the shadow you asked me because I found
you saying that I may go but since it's
at our poets murabba and people learn to
be more maickel I will not be make up
even though I felt its motor because
people expand the heta and it becomes a
myth so more an hour times the focus
iacovone are hi i'm simon sama formation
and hail agin Malamud hey also take the
stance that you can't be Maiko regarding
business a mule outcome even if it
smoothly making it then because there's
a very big mocking permission in fact
the eps lamer egg and the tuber similar
fest says when it comes to shyness and a
mule AA command business only get dirty
hard or should take the liberty of past
kidding you knew if my mega said good
orderer only could do it how could I
even give a share about it but I wanted
to share with you the information the
sugar and you'll know what to ask and
what's a Shia so I think the most
important is sorry that we have to
clarify and then we should be able to
discuss the shila's is an accurate
elastic definition of a Mila akhom
believe it or not the Amira outcome is
not the way it's translated literally
Emile Arkham is not telling a guy on
Shabbos to do melaka
there are many sources but suffice the
words of mr. Bern race I involves
Heathcott nude olive that even if a guy
is passing by your house and he sees you
sitting in the dining room your lights
are off and he realized there must have
been a problem with the light saying
walks in without being asked and he said
I'll put on the lights don't worry
enough to tell me do anything
mr. Burris says you have to tell him to
please leave
he can't put on the lights for you if he
insists so you have to throw on Elton
you can't allow a guy to do Malacca I I
didn't tell him a word but that's the
ISA Amir lock him is not telling a guy I
will tie jameelah Akram a guy does
Malacca for heat
imagine someone buys a business run by
going and he buys the business with the
workers the work is just transfer from
the owner to the year that's the owner
so they working for years Shabbos
he doesn't tell them a words it's like
autopilot but a father you the guy the
it has to stop the for working
friend Amir Allah Akram is La Vie Africa
Amira alive DAF gutsy boy it's a boy
that's Malacca for you and we'll soon
see how the words for you is so critical
now you'll ask me why some of its
possibly once discussed this the SMU
outcome is either like the random search
light a Shabbos Caliburn Elsa the person
that has a go do malakhov him so there
won't be a trace of the Shabbos Rashi
says one of the reasons I mean the
outcome is that because the guy is your
shreya even though I feel is very very
stiff slacken but no Kumaresh sleeveless
so based on both these reasons it
doesn't need a deeper and the caller
bayonetta certainly exists even if you
don't tell them and sleepless if he's
doing it for you yeah actually it's just
a coma so basically the deciding factor
is the guy does Malacca for you that's
the problem now let us make some
definitions of agreements of various
agreements that you can make with the
guy and then I should hopefully have
enough information the typical case of a
Amira outcome is what the post refer to
as a square join a cerium is basically a
hired worker I'll give you a good
example a very clear example you're
making a sharp a similar and you need
some you need a guy to put on the lights
put off the lights or the oven
of course that's and it's a comma that's
a legal outcome you know but you know
why it this is a perfect example in
Morocco because you hired him to work on
Shabbos Sunday you don't need them
Friday I don't need them you could do
self so the job was Shabbos related he's
hired to be at your service for the
Shabbos clay dish and that's precisely
the it's a miracle
it's a Shabbos related job you tell a
secretary take-home an overload of work
and do it over sat over Saturday and
I'll pay you you're paying the go to
work for Shabbos that is a bona fide
issam EULA I'll come again the defining
factor is the guy is hired to work for
you on the Heyliger Shabbos
now there's a different arrangement
that's called the cobbler a cobbler on
in English as a contractor where you
don't hire the guy to work on Shabbos
it's a job related hiring the classic
example is a cleaner as a mechanic a
tailor you pay the mechanic to fix the
car for a fixed price there's no
difference to the guy or to you when he
does it you give it in and you'll pick
it up as soon as possible if the guy
delays and calls me Friday afternoon
listen I I couldn't do it or we could I
do it Saturn oh you're Jewish the answer
is you could tell them do whatever you
want
why is that different in the first case
very simple the sphere join he's being
at service for the ye'd for Shabbos the
Kaplan was hired to complete the job you
could fix the car on Tuesday Wednesday
Thursday Friday if he decides to do it
on Shabbos that's what's referred to as
I dieted enough shape that's his
convenience he was hired to do a job
that is not intrinsically related to the
Shabbos and this is in Shahana creation
mem Dola Dola fresh from Zion Aleph and
racial and bacey face
that's Mohnish our definition let me
show you in the case of a sphere I mean
he's working for you on the Shabbos
that's the deal
you don't need him during the week the
Cobb lon he's doing a job he's doing on
Shabbos for his benefit for his
convenience that is not a problem
now let's say you given the cough you're
given a suit to the cleaners on Thursday
and you pick it up on Monday and he
tells you by the way I'm gonna do it on
Saturday because I have a it's a slow
day you can tell them do what you want
but let's see it bring the suit to the
cleaners Friday afternoon and you see I
needed from what's a Saturday night from
a lava Malcolm and you have to have it
ready during the winter at six o'clock
so since you're telling him to do it on
jobs I'm not spelling it out doing a job
you just giving him an impossible
scenario that the poi scheme call
tomorrow calls and Rachel in bass Bay's
Cove am Alaska if you make a cobbler in
agreement it's a job related agreement
but you specify do it on Shabbos it's up
to mr. Barret scash Lou hi and it's so
beautiful because now even though it's
structured as a complan but if you
specify do it on Shabbos he is hired to
be at your service to work on Shabbos so
you torpedo the main head they may have
to was I'd I didn't I've shape but a
conveyor melaka mammal after is the very
opposite of a tighter than a shoe I
think I always like to bring out a
contrast besides a muscle a contrast
shows the point mailing letters on
Friday afternoon me it could have been
his motto because the guy's a mailman
could process the mail on Saturday
Sunday Monday and everyone's your stamp
doesn't get you more than just the
rights to have it delivered but you
can't force him to do it on Shabbos so
he's being paid to do the work that's a
cobbler but if you hire overnight
delivery Friday afternoon so you're
paying them to work for you on Shabbos
that's a amirul outcome that's a
conveyor locked I'll give you another
example which introduced us to another
key term let's say you hire a guy to go
to a guy enabled and sell masks
hopefully that's a dying business we'll
get back one that's a sham soon but you
tell a guy you got 20% of all earnings
20% of what you sell you're getting can
he work on Shabbos and I want to be
making this claim I'm talking about
today all about talking about that
a guy dealing with if the guy will
sell master friar Eden that's Michelle
them then it's left naivet say yeah I'm
talking about there's no lift naive I
must say there's no possibility of a Yid
doing any is a guy selling to go him so
this is of course a complan it's not you
could do what he wants you can sell it
on Sunday Monday you could sell it
whatever you want but this is has
another feature that makes it more
modern this is what the proposed can
refer to as a Horus now horas literally
is a sharecropper the olden days the
person had a field he gave it over to a
worker and the work who worked in the
field diligently and he got a share a
percentage that's a much better hitter
than even a compliment a complan was
that hard to on Chavez he doesn't run
Shabbos for his convenience but it
doesn't get a share of the profit he
doesn't get if the cop if the cleaner
cleans your suit he doesn't take a part
of your suit but it's enough of a head
that because it's not Shabbos related
but the Auris I want to revise the
definition of where Doris sharecropper
is an outdated term we're gonna call an
RS a sheer profit he shares the profit
he sells the mask and he gets 20% of the
sales
that's a cobbling plus because from
every bitter Malathi he does he gets a
certain percentage so it's not just you
didn't confine him to Shabbos but you're
paying him for each job so every masks
that he sells on Shabbos he's getting
20% that is an even bigger hectare than
a complan and raschi nevada Zahav
alpha-beta the most more clearly in
ibudan TANF of tests he says the fact
that he's getting paid per piece makes
it a a full fledge at I died to the
nafs' Jay so we have three possibilities
here join is a Shabbos way the job that
it's category of the awesome goblin is
doing you want if he does it on job is
that I didn't after
and others even a bigger hat because
every bit of work he has a vested
interest now we can understand a little
more what I said that the real
definition of Emilia ahkam is he's
working for you so a scary I'm is
working for you on the hey Luca Shabbos
a cobbling or a horas is working for his
own interest now of course the gate is
gaining but the guy is not solely
shamsher Miami works for his own
interest so he's not working for you he
is ultimately working for himself now to
apply this to the myriad of shila's
let's begin a person has a real estate
they wants to sell so he calls a guy you
should real estate broker and again I
want to make a disclaimer whenever you
need work to do of course the hot seller
we should call hidden you need panache
especially in these times whenever I say
you call a guy you should work up I'm
talking about if you can call you this
you were hell of a fail kid for EEMA I
couldn't be out of meself from always
try to use you this should work is but
let's say you have a real estate in a a
garish enabled and you call a guy a real
estate broker he should sell you the
property for you
there's no fish left they even say yeah
yeah now he wants to sell the property
whenever you can and if someone calls
they want to see it on Shabbos could he
show your property to a potential buyer
on Shabbos it does not sound very kosher
because he's selling your property on
Shabbos but the answer is this is a
perfect hectare not only is it a
cobbling because he could sell it
whenever he wants but this is an artist
because she gets a significant
percentage of the sale so if he decides
to work on Shabbos and sell it on
Shabbos or promoted on Shabbos this is a
full fledge at a tight to the nav shake
and it certainly would be motor
next case a growing company once the
hire a sales representative to promote
their item to sell it to go to companies
to introduce the companies to the item
now in the business world Saturday is a
good day because people are off can you
can I get higher a of course a gracious
sales representative that will deal with
on Shabbos so again doesn't sound
very promising
how could he sell your items on Shabbos
but again this is a case of a coven of a
Horace if he gets a percentage this
would be a heterodimer I saw the
terrorist crime of crimes - raised from
Hagar Bayes he speaks about giving
higher Commission so Commission sounds
like commission but in those days
Commission actually was a consignment
but it's same idea you give someone a
commission to sell on consignment he's
allowed to sell it on Shabbos but of
course he stresses that it can't he
can't use the the Jewish company because
well soon see that would be a quicker
case of Neuroscience he can't drive
around with cones sharing the Shabbos
business and he's driving our car and
selling items there are shag
inhaling basic Islamic gimble was asked
about hiring an agent now that sound
sound like a CIA agent agent is a
salesperson now he has an interesting
shilin a little more details there was a
guy a shoe agent that worked for a year
at five days a week
not on Shabbos he had two days off but
the Sunday he was busy if he would be
hired to work by a second year that
wants to hire him to be an agent it
would probably be working on Shabbos in
other words five days a week he's
working for another year so that's out
of the question it's only two days that
he has available Saturday and Sunday but
it's obvious he's working on Shabbos for
the year the new year because Sunday
he's busy so yes to my shock could he
hire this agent to work for Saturday and
Sunday and paying for the days so says
the marsh AG
that since he's getting a percentage
he's an accomplice we said it's a Norris
ah he's probably gonna do it on Shabbos
that's had I didn't I've shake he could
do it on Sunday but he wants to go
vacationing so that is his choice he
could do it on Saturday you could do it
on Sunday so he says this is a cobbling
with a tighter than nav say and it's mud
now consider the next question I
approach I advise you approach with
caution let's say you have the same same
sales rep with the same agent but you
want to send them to a they call it a
fear they call it a show weary buys and
sells items but the problem is the sale
the fear the show is only on Chavez so
you can approach this guy as your sales
representative and say I arrange
transportation go to the for the fear
but do whatever you want so the truth is
again it's the same sales representative
with the same horas agreement he gets a
percentage but the obvious problem is
he's doing it on Chavez it's only taking
place on Shabbos so we might say wait a
minute if it's a regular cobbling which
is a regular heta I can understand that
it's awesome because if it's only on
Shabbos it's cavium elastic but since
this agreement is getting a percentage
maybe since he's in horas which is even
a bigger Hector horas is multi even if
it's a case of Grandma laughter but the
Emmis ISM does that not very convincing
at all because Zil Buster timer why is
Kevin melaka awesome Kuzco vamo laughter
undermines the health of a tighter than
a shake it's hard like than actually I'm
telling you to go on Shabbos so who
cares if it's a bigger head - of Horus
but the end of the day the horas is
working for you he's getting his
percentage that's true but you tell him
to go on job is because the fares only
on Shabbos and that's why the Robin
Raymond gimble Zion and mr. Bruin race
ma'am hey you with us in the shower it's
Ian postions like this the Rav Cesaro
says muta rap is really yummy Malloy
sure yeah super Shabbos the marsh OGG
has three troopers actually basement
base base pay Kimmel and bass clef Lama
Kimmel and oh and all three troopers he
writes that even though there's a bigger
head - called orous butt cave am elapsed
I would be awesome even by a Norris and
of course certainly by a goblin
so this is an important point to
consider and tack up that's why the case
that we began the case of the fair or
show that's only on Shabbos even though
it is structured to be a cobbling or
horas but the fact that it's only on
Shabbos there will be no Hector to send
your guy you should representative to
that sale - that's fear
in fact am I gonna have rum and shin
Zion c4 cotton gimel quoting a glorious
- says you could give a guy money to buy
things to buy your item that you need
and go to the shooken but as long as
it's a tighter than half shape but if
the shop this the sale is only on
Shabbos no that is a typical case of
grandma laughing says the marketer from
even if you don't verbalize you tell
them here I'm giving you money buy items
whatever you want but it's a joke I mean
when everyone's it's only on jobs
so that's conveyer Malati so let's be
clear a sales representative that sold
that scent to buy or sell for the year
and it could do it any day he wants as
long as you don't stipulate go on
Shabbos he could do it on shops in fact
the Rav
in Raymond alseif Huff says as long as
it's not given my laughter even if you
know he does it on Shabbos you don't
have to stop him because once the die to
the knife shake it's not a mere lock
like we said the definition of Elah
outcome is it doomed for you once he's
doing it for his convenience even if you
know we're doing it with on Jarvis it's
okay but if the only opportunity is on
Shabbos so you have to be real
think that is gonna secure it a case of
cavia Milotic there's an incredible say
focus Edom and Samira Sabbath days he
says a person should not live in the
city where the shook of is open on
Shabbos
because he'll come - do I ever hear look
how precautious hazael warm don't live
in the city of the market boys it's too
tempting just saw a letter written by
Moses Ohana live Rockets printed in the
Malacca
I'm nya I'm a tough guy ensign I didn't
see it in the Chevrolet V but he writes
a story that we'd been he writes but the
div over them a beer goggle that I knew
and he told me he wants to from hotel
arts and he wants to invest in a big
factory that makes glass but I and I
told him I don't advise it because when
you deal with glass you have to work
24/7 that's the Mateus and it's you can
end up with problems of amigo Lancome
and I told them up in class ticket that
was named a pin class you whoever plays
around with the shabbos is going to lose
please don't go and don't go into this
business but but sorry he didn't listen
to me and a few years went by a few
short years went by and he lost all his
money and he had to run away but -
marvel you have to escape for his life
because you can't play with the hella
good shabbos but the finish is even to
live in a place where it's tempting we
have to avoid but certainly to do things
that are wrong to send someone to a show
an affair that works only on Shabbos is
a clear-cut very melodic if a person has
a lot of extra work you can there's no
it doesn't have the time to do it can he
has to go you should secretary that of
course not into real going out of the
Suffolk guy but take home the work and
do it I'll pay you so it sounds good in
a certain sense because it's guys doing
in the privacy of their home and there's
no Amira Sian so that I say there's no
Mary Sian but is the real McCoy is your
hiring or paying the guy to work on jobs
I sort of dementia
test him Inhofe a loafer he said it the
business chuhwa someone wanted to enter
and become a partner in a law firm that
was run by and the firm operated
on Shabbos and he want to become a
partner so he says parenthetically I I
know about a certain lawyer that's
Sharma Shabbos but he doesn't work of
course but he hai is the secretary take
all his phone calls and all the work he
says that's a real emir like him because
he's he commands up to work on Shabbos
that's so here even if you make
it into a complan but it's still Kaveri
Milotic is there a way of being finding
a way of giving a gracious secretary
work to do over the weekend
the answer is we should understand that
there is a way and that is don't just
make it a cobbling I'll pay you per hour
because per hour is not a complan per
hours a scare young if you structure it
in a way that you get paid per piece of
work per report or per bill whatever it
may be but if you get paid if the
secretary gets paid per bit of work and
this is the big end and it's reasonable
that they could do it on Friday
afternoon but sorry Shabbos or Sunday
you give them enough time to do the work
without doing it on Shabbos and you make
it per piece so then you have a cobbler
or maybe even horas getting paid per
piece and there's no issue of Havana
laughter now of course it has to be
reasonably possible to be done without
Chavez mr. Breuer enraged my mouth off
down quality Todd's he says if you give
a go to work Friday afternoon and you
and you wanted Sunday morning and all
they could do it is if they stay up
Shabbos they all I could do it if they
stay up the entire matter sharp
and do it all the do around jobs so you
might say well physically it's they
could do it on matauri Shabbos but they
can't be expected to stay up a whole
night and do it and that work on Shabbos
so that's not a tie to the knob shake I
mean physically they could do it but
that's not a tighter than I've seen so
again to give a secretary work to do
over the weekend if you make it in if
you make it a skill hours square um is
awesome and if you make it a job-related
payment per piece or per work the whole
group of work that has to be done and
it's possible to do on Friday afternoon
matera Shabbos Sunday the whole Sunday
and the guy will only do it on Shabbos
it's fine
that would be I dieted an option it's
not being done for you next case which
introduces us to a very important factor
in a meal akhom a person called the
roofer he had problems with his roof and
the company coming the kids are his
massive Shabbos morning the truck pulls
up a guy you should roofer but here's
the problem because if you know roofers
come they don't have to bring your belt
they just take out their ladder start
climbing and doing the work the question
is can he allow them to work on Shabbos
on his roof or better yet if they're
respectful enough to ask you can we work
today can you allow them or the gardener
shows up on Shabbos - the truth is both
the gardener and the roofer and
basically many repair men are we a
couple honest they don't get paid per
hour they get paid per job you pay the
room for the do the job so might be
motive because you didn't tell them
Shabbos my god you would hope they would
come on Sunday Monday Tuesday Wednesday
Thursday Friday they come on Chavez and
indeed the gardener the roofer and
similar type of employments are really
Copland to be motive but here we come to
a different factor which is based on a
murder of a desert of evelopment days
quoted in Shahana hmm valid Alif that
even if something is a real goblin but
it's only motor
it's done but sinner if it's done by
Robin there's a Maris iron people don't
know that you made a carbon agreement
they'll think it's a serial so even if
it's a carbon as mortar but there's a
Maris iron involved in fact even our ads
will soon apply this if the work is
being done in a exclusively gracious
city and there's no hidden to be my
rezaian it's fine but the point is if a
gardener rule 4 etc pulls up to your
house and a Jewish neighborhood even if
it's a cobbler relationship and it's
multi recorded in it is minimally a my
rezaian ILS
but the whole amelia Occam is a troponin
isn't my rasayan abbas al jazeera the
answer is true
but we saw the prima Gotham that I'm
your locker was like it the rice and has
Al did make Xavier honor me lock the
question is the my so everybody knows
that a roofer is a compliment everybody
knows that a garden that does not get
paid per hour so why is the marathon no
one will think foolish thoughts that you
pay the gardener per hour and the mr.
Breuer in Raceland base he'd cut in half
a says when it's your do all I call that
this is a Kaplan agreement there's no my
rezaian so now we're back to our
question if it's a cobble and mortar and
it's not my rezaian so why can you allow
the gardener or the roofer to the
Malacca
so here we come to a third factor and
they're all important for soon you there
are more enraged land-based CFA based on
a Gomorrah and Chavez y otras says
something that makes noise and
disparaging to caduceus Chavez is not
permitted even even if he's essentially
its motto the muscle if you set up a
mill to grind the wheat Erev Shabbos so
really that's motive but if it continues
on Chavez and it makes this loud noise
that contradicts the serenity of the
caduceus Shabbos that's an issue there
opponent of optional
this is not a meatus casitas this is the
rabona if you make work if you allow
work to be done on Shabbos that is
optional so says mr. broom all agree as
mr. Burton said gotten amicus says this
call koke I'd suppose M Hamish me a coil
optional servic is he lucid the Shibata
so even if it's not a problem because
it's a kaplan and if not my rezaian but
something that is disparaging to the
Manuka Shabbos would be awesome and a
perfect example a roofer that's banging
fixing your roof and certainly the
beloved gardeners with their blowers
that make a lot of noise that's
certainly a steer at the caduceus
Shabbos that's why really any repairs
any repairment I should say that was he
has to come at his convenes and it comes
on Shabbos again a plumber electrician
whatever it is but he's working in your
house that's optional so not for the
outside but when he comes and goes to
the outside and when he is in your house
for you in fact the place can say that
technically a gireesham aid should be
allowed to use a vacuum cleaner in the
house or a dishwasher because they could
wash the dishes by hand or they could
vacuum they could sweep so the vacuum
cleaner or the dish wash is that the I
to deny shake they could get the same
result without do Malacca and that's
true that is a tighter than a shake if
they could do it without Malacca but a
vacuum cleaner and a dishwasher
qualifies to be a optional centers
awesome so here we see besides the
crucial question of cobbling versus here
yom there are two additional factors and
that is the Myra Sian and also the zil's
old Shabbos so before we quick to be
make oh we have to make sure all three
checked all three questions are avoided
first one has to be a dated enough shape
not kuvira laughter it can't be my
rasayana can't be social shops the
gardener and the roofer fail on at least
azazel
this aspect even if it's not my rasayan
it is still a question of zil's old
shops next question and that's a big
question and that's construction I'll
give you a typical case someone is
building a development that is out of
the city and he got used to Bill Duggan
you should let the usability I took a
guy you should build them and all the
guy all the workers are so
everybody knows that building is a comp
no one paid to build the per hour that's
ridiculous that's paid for them for the
job so technically there's no issue of
my of Amelia come by a worker that's
working for a builder construction that
is always cobbling but the obvious
problem is you lose to the shop as he's
working and if he didn't could end up
seeing this it would be a terrible
sizzle Shabbos and that's why the poisk
in were very strict about construction
and building on Shabbos no one builds in
the privacy of your home it's usually
built outdoors but there's another
factor this is an interesting the
magnetometer hmm dialect says he says we
can't build on Shabbos because the
Lahav will don't allow work to be done
on their kaga and if we allow work to be
done on our behalf on Shabbos it's a
hill of Hashem here that we have to at
least live up to the standards Lahav of
the it's a powerful wake-up call I
think it's a timely message someone once
told me we have to learn lejano from the
Arabs about sneers even in the hottest
world how they dress with extraordinary
tears that's that's the same I gonna run
because if they going about doing it and
we're not doing it that's a hardship but
be that as it may a lot has been written
about construction on Chavez because
Matata thought it should be motor it
couple honest but beats a Cheney it's
generally Seleucid to Shabbos the only
question is if the in the shots that
rocket is if it's what to be make up so
there's a beautiful trooper of the head
look at some safe and Simon sama a year
the city was never bombarded as
part of the war that was raging at the
time and a big part of the city was
destroyed that left hundreds of Eden
homeless and they had to rebuild so that
I'm safer wanted to say that since
Lamesa
it's multi Nikita then it's only a
Kaplan to Kaplan and it's only a
question of my rezaian right
inter-cities my rezaian but the high
governor that it's a momager question of
close to the cou nephesh so to be up
some say you have to have some size of
this but he seems to be Mako when it's
known that it's a Cobb lon and this
illusive the shoppers factor of course
has to be overlooked but we're talking
about something as serious as this but
the general attitude let me just be
clear be a low concentration I'm
Dalmatia although he questions to be a
local but he agrees and Fela give
muhammad hate that we don't allow
construction to be done even by
because of the zil's own shops
what's Nagaya is if this construction
being done in a totally goyish area its
mom is no kinshasa vir ending up there
it's out of its home of eden there's no
reading in that area so let's make a
freshman
it's a Kaplan there's no concern of my
rezaian because it ever knows it and
there's no concern even of zil's on
Shabbos so if you tell the worker to
work and you better finish my son so and
so date and that means you're demanding
for them to work on shop because
otherwise you can't reasonably finish
the job
so that's conveyor Milotic but Lamesa if
you tell them to work at your
convenience and they choose to work and
again it's it's a place that this
absolutely no my rasayan you know mr.
Brewer says if a heat could go for a
stroll and end up there if it's not out
of the chrome it's still my reciting I'm
talking about it's totally out of a
Jewish area so it meets all respect all
requirements it's not Marisa and it's
not zilch on Shabbos and it's not Kabul
honest it's not scaring with a couple
honest is it done again I don't think so
because again people are very careful
with this
but basically I would say what could be
Nagaya if you're constructing a VAR
Mitzvah base marriage a shul a mikvah
and it's important they should finish as
soon as possible so some place can wear
makeup because the mocking Mitzvah you
could overlook the facade of my rezaian
but others and I saw the Pisgah chuhwa
quotes except safe amongst us amongst
others that says a dorama
you're building a mitzvah that's a
bigger cashmere so people can say oh see
from its you how to do work so it seemed
that even the mark a mitzvah
we don't allow a going to work in
construction again in a situation as
drastic as took some safest case with
some surface plates is about to be
Michael
but basically construction comes to a
complete halt on jobs they say focus see
them in Simmons shinmin because has a
story about someone that hired a going
to do work big couple honest and he was
working on Shabbos and people were
complaining and I'll do this but he says
no problem it's it's couple honest a few
days later nothing was left of the house
not to him or his children he doesn't
say what but a terrible catastrophe
which obviously was annoying ish now the
question you might ask is wait a minute
if this was clearly was the cobbler why
was he punished so the answer is
postured even if it's a cobbler and I
saw that in the peerage cogman on the
new safer to see them even if it's a cab
lon but there's still a concern of my
rezaian that's what he says I would say
more posture even if it's not my rezaian
ofsome elsa Hashem so maybe was talking
at a place that was way out but then it
wouldn't be my resign either so
obviously you have my rasayan option
will Santa Lucia meet a toy from Aruba
let's be more positive
the festival of mr. Peller it's in a
safer on a fashion show chimera creation
I'm down the days he said me tell you a
story for posterity someone built the
house and he spent extra money that no
work should be done on Shabbos even
though it might have been mostly doesn't
say why but I might have motive but he
was mocked bid to go the extra mile like
no work take place
Chavez but it was a stray from the whole
city and when the fire threatened to
engulf this person's house it's suddenly
the wind came and saved his house say
right Zell was sorry but oil amazi so he
said they say Moo told me she was safe
and fire loyal and my boy a lot has come
of a hammer
so obviously the Heyliger Chavez has
special protection and we have to be
careful to maintain the proper kedusha
now what needs the next question which a
lot of money at stake can a person allow
a store to operate on shoppers he has a
store let's say give you a good example
it's part of a shopping mall and the
closed shop this is a big loss very
often is also a legal concern because if
you're part of a shopping mall you have
to conform with their work hours and you
folks be open on Shabbos so a person
feels he has to get ahead to open to
leave his store operate on shops so you
know when that dial I had to know people
say I need a hat done so you know I
can't just make it hit them but if it's
done right there might be a sad local
first of all if you make it into a
cobbler Norris agreement you pay the one
that's gonna run the store that it gets
a certain percentage so then of course
that makes it a little better but you
can't say I'm gonna pay you percentage
but you better be open on Shabbos
because that is cavae milotic but the
truth is this has a problem on a soon
see what the problem is because the
Lamesa
the year is benefiting and I saw and a
wonderful safer that helped me in love
ISM with some of the my requirements as
well the safer miss cover Shabbos page
226 is the best idea for this type of
scenario would be to work it out into a
franchise that they say this business is
owned and run by a non Jewish proprietor
and the it receives a percentage of
profits so that really turns the table
so to speak now with the guy working and
giving the either profit no profit
allowed to take from from from this case
because it's done better but it's hard
to structure it in a way that it totally
avoids
milla how come because if he's working
and generally he's busting your case you
have to be open on jobs so that's why
you're hired but you don't tell them but
you want the open on job that's really
the deal a fact to me that's in a
business district that no one lives
there might also be a reason to be
mailed to allow again non-jewish work is
keeping the factory running on Chavez
again it doesn't sound too kosher but if
you think about it if you have someone
that's getting a percentage of all
profits and is not being told to work at
a none Shabbos that might be motor but
generally it's always a problem because
you want them to open on Chavez and
that's part of the agreement but if you
say work whenever you want and just get
the workload done and the guy decides to
keep it open once one Saturday and again
the year doesn't benefit if it's
Saturday or Monday as long as he gets
the the production that might be a case
that it's mutton now AIT's a type of
commercial one before you do any
construction and he store being open and
in fact they're being open please please
please ESCA Sheila because Lamesa you
deal with her looking Shabbos you think
about the mysterious nefesh they even
showed in the early 1900's it was come
out a question that because efforts not
to work on Shabbos but I was eight his
rose to the occasion and showed great
determination for Shabbos so for here
justice Tom and I open a store on
Shabbos because he wants to make money
you got to be very careful and I'll show
you where welcome letters there are more
the show conditioner can raise from
dallof of there are more actually spells
this out a year bought the rights to
collect taxes from the government that
was a upon also he collected tax that he
got a percentage and he wants to hire a
guy to work on Shabbos on his behalf so
it's mota because he's paying the guy a
percentage I did enough shape but the
problem is Lamesa
it's a my rezaian its profession but
since it's a mocha in half
Syd because they got the it'd bought the
right to buy to collect tax for a few
weeks let's say and if he doesn't work
on if he doesn't collect on Shabbos also
lose all those taxes so tamaak tum' have
Syd
so you allow to overlook the is of my
rezaian uh-huh so you see Malcolm have
city's motive but think again that's not
making profit that is Panozzo
and he invested to make upon awesome if
he doesn't collect all the taxes he's
losing part of his pan awesome that is a
mahkum Hef's it says the Mishnah bruins
he'd caught in Lyman hey but if someone
wants to make a bar and he hires a guy
to run the bar well say it's Malcolm
have said that's not welcome here sit
that's many as forever you're not in
vain you're losing out the opportunity
to invest in a business no every time we
don't work on Shabbos we're losing out
thirds are not losing its money as
forever it's lost opportunity to benefit
there's a great distinction between half
Sid and many as forever
and then if you have to be careful the
mahkum hazardous is this the Shannara
paramos maiko
to overlook my rezaian but has to be
many --is it has to be a half Sid not
just a mini Ostrava a lost opportunity
of profit because every time we don't
work on Shabbos there is that mini
Ostrava Bosna is a frightening Shubin
came the gimbals simin hub give up where
he says also this it doesn't cost much
to me I don't know why but he says the
same decide that the only heta is
Malcolm have Sid but when you see give
veeram investing in businesses on
Shabbos and they call it a half's it's
not I have said it's many yes rev off
and he writes and that's a allusion to
the story that I mentioned earlier
I knew of akavir then he opened the
business and he lost everything because
he didn't listen to me
in other words even after you might say
it's I'm losing but if it's ammonia's
River that's not called losing mr. Veera
conceived cotton mama he gives us the
right guidance habit a passion the aina
in the happens today cool eyes al al
Shabbos Astra of how fortunate he is
people have this Shila they have a
paypal agreement which means people
customers could pay online to their
account and the money goes from the
customer that owes the money into the
other account can this be left open on
shoppers in other words he has a way of
receiving payment on shoppers so if the
hit instructs the girl you better pay me
with on Shabbos you know with the next
24 hours and it's obviously on Shabbos
so that's Kaveri Malathi I'm talking
about - gosh a customer compared with
everyone's think it's making money on
Shabbos so this is basically not a
problem
he's not doing any melaka his Kaela
module melaka that's the regular case of
Shiva's care and that's motive just like
if a guy you should customer sends you a
check in the mail and happens to come
shop this morning you're not doing this
so that look like is Motum the only
problem is according to Becky Vega and
the famous traversing self-improvement
test we now to make a game our Kenyan on
Shabbos even if you're not doing
anything on Chavez but if the mark
Kenyan takes place on Shabbos is awesome
maybe this PayPal is a problem but you
think about it's not true because first
of all the American is not as sharp as
he can even make before it's just
receiving money also you could have a
mind not to be kind of the money until
after Shabbos and I saw that wonderful
say that I mentioned the Miska Shabbos
and page 215 is very loved this should
tear it's that the is of Rebecca Vegas
if you do something on Friday that
programs the King into bacala on Shabbos
automatically the martial opinion had
been or mahira it's hummus he did on
Friday to befoul on jobs so they did did
a my son Friday to make the my opinion
on Chavez that's awesome but here it's
the guy sending in my job this is no its
involvement that's not a violation of
wiki Vegas Big Finish someone else we
travel together this young div he has
Auto pay that he pays his bills through
a fully automated computer service here
is bills you know happy Friday
every other fighter it is next week
about Linotype will be suus on Friday
does he have to stop the auto-pay from
paying the bills because it's young TIF
now it's not a regular of Shabbos it's
yump to the answer is this is even less
of a question because there's no kenyan
taking place it's just that it's a fully
automated payment that's no different
than putting on an air conditioner or
refrigerator works on Shabbos or like
sending mail on Wednesday and the girl
you should company gets it on Friday I
don't use long as you can do anything on
Shabbos that's okay a very tricky
question is a growing business or
medical practice that just can't close
for Shabbos they want to hire what's
called a answering service now let me be
clear
answering machine that basically is a
machine that takes orders is no Shila
whatsoever I'm talking about hiring the
guy a human being that's gonna answer
phone calls and for a doctor or medical
office take appointments for a business
take orders make sales make references
it's a guy working for the year on the
Heyliger Shabbos so obviously this does
not sound kosher at all after all this
is a real case of a miracle and of
course it's very easy for me to say it's
arson it shouldn't be done but if a
local is what do we make we have to
present that and we'll tell the person I
bought a difficult past this this is a
real amelia Occam the fact that the guys
working in the privacy of his home
there's no iris outcome but it's even
worse it's the real McCoy yes what you
could do is make a cap on agreement I'm
paying you for answering the phone in
the next three days Friday afternoon
Saturday and Sunday do at your
convenience that look flavor and I'm
gonna pay you one lump sum
so that was IRA cobbler and that seems
to be a cobbler and also it's not cafe
I'm a law student and you didn't
obligate him to work on Shabbos but here
we come to a beautiful part of this
sugah and there's a very important area
boo hob which is printed in the back of
the tour and simulation memo the Makarov
ROM and see if cotton base and mr.
Burton see for cutting you would quote
it so I'm gonna put it all together
because the mother rummy adds more than
just words more
I'm trying to make it very simple easy
to understand so Mariga blob was was
discussing the following question
someone had a merits and we did
whatever we came and they they washed
the questions can they keep the Americas
open on Shabbos for Garza customers so
push it
it's a Kaplan he's not paid the Shabbos
only is paid for the whole week and just
like a cow bonus motor so to this
America to the butcher said Maria boo
have a beautiful clear-cut distinction
when is something mood to cobbling if
it's a tighter than a shake for example
I hired a worker a girl sugar could to
take care of my field
I'll give him a percentage even fine but
he's not working on Shabbos related he
has to do work X amount of time to make
the field produce the year doesn't care
when the guy does the work and the guy
doesn't care so the guy chose to work on
Shabbos that's the guy of decision and
the it makes no but I know been affirmed
that because it wants to work should be
done at your convenience
that's a diet than I've shared his
motive but our case is fundamentally
different listened because it's
beautiful our case if he's paying him
lump sum good fine
now if the guys is great I don't have to
work on Shabbos I'm gonna stay close the
whole Shabbos I get the same salary
anyhow I got to be crazy to open the
Americans who gains if the going works
on job is only the get the guy will be
happy taking a day off and work six days
a week or not work at all that paid the
same salary gotta be crazy to work in
shops only the it gains when the guy
opens on Shabbos that's a tighter than a
fee that's working exclusively for the
guy you should benefit and therefore
such an agreement that the guy is
working on Shabbos and all the benefits
that would be awesome
oh this the Huayra is the same regarding
that the answering service
he's getting paid to work for a lump sum
three days
and he doesn't have to work on Shabbos
so the fact that it picks up the phone
and job is is only benefiting the it so
again and that's safer Miska by Shabbos
he says a very push at the a to make the
agreement that the guy gets paid to Cody
calling service so you call it the
answering service gets paid per phone
call oh then that makes it a Norris now
he has a vested interest in every single
phone call and the Amos is the mr. Bruin
Viad I mentioned earlier says the fares
if you make the Americans into an iris
agreement that the guy gets part of
every entrance fee to the merit cuts and
every time someone comes he gets a part
of it so that's not just a cabin that's
a horas if you have a combination of
these two factors the guy gets paid per
phone call and he is not contractually
obligated to pick up the phone answer on
Saturday he has a weekend he gets paid
per phone call without any requirement
to pick up the phone that would be a
head turn again you have to make
carefull you shouldn't be claimed a last
day and it should be mu lock now of
course the question is well imagine
imagine holiday you forget then you call
up the answering service yes
cones international so now ready it's a
it's a very americium because the
company's name is cones so the answer is
but you don't call up on Chavez only a
guy calls up doesn't matter sign by a
guy and besides that more often than
that it's not a good dish your company I
know the very successful company that
someone pointed out to me I was amazed
it was named after one of the great
early hot dog they took his name and
they just reversed the spelling and it's
an international company so you don't
have to call the cones you could call it
a different name as long as you make
money that's the Icahn
so this answering service if it's
structured properly it's a goblin
it's not a conveyor laughter and of
course the number sign it's mutt and now
we could say after I hover me a crane
help it and that is a year
having a nursing home or having a
partnership in a nursing home so let me
be very clear this needs a share for
itself of course not in the two minutes
we have left but I want to give you the
understanding of the Shila because it
touches upon all of our you say this if
you have a nursing home
then as hilum so sorry face Crayola I'm
with ideacom so you could do whatever is
needed we're talking about a nursing
home when assisted living home that's
running full-fledged
Shabbos activity the billing the phone
calls and everything malakas being done
not let's say your hailer
in other words it's the melaka is taking
place by going throughout the Shabbos is
there a header for you to allow this to
go on
could you buy into this business so this
younger man from this year that I know
he called me said he heard there's a
heads up if you sell it to a guy I said
let me tell ya you know sell make a
token there say Ola like my Furious
comets so I told her wait a second the
Fury's come into that hoax cuspid Shalom
you look at some siphon or kinds I'm of
Bazin irritation you would how we
defends the moliro's comets and you know
how to be my fact pick on it and you
want to see what I'm a furious comet is
go when the bottom actually sell the
Comets to a guy the intensity the the
tense atmosphere they work with every
possible opinion avoid every possible
Suffolk this is a real deal I mean the
Harris comets is a real deal but even so
you're looking to explain mclogan the
tubas in elif's lima oh gosh Larry Tabak
tesco base cough cough tests because you
can't compare my heroes comets to
selling a business to a guy and there
are obvious reasons but legally it
doesn't work if you really sell the
business to a guy and the greater than
of a license you can't operate the
business so you can't just make a
fictitious phantom you know hocus pocus
material it has to be legitimate looking
now a lot has been written as I told you
it's mama a share for itself there is a
different kind who allowed a mahira on
Shabbos to allow business to be made
but then the time later limited the
application of it and many good daily
sadhika day race were very against
making any form of material but again
regarding a nursing home it's even more
problematic because it has to be legally
run by someone has a license so again
and that's say for mister shabazz he has
a very nice nickel simony adalat he says
the real eights it would be if you
employ a non-jewish director or a
management company they're in charge of
the running the daily running of the
business it's not their company you're
not selling it to them but they're
responsible for the smooth running of
the business which includes hiring and
managing the many employees this is an
Exim because now all the employees are
working for the non Jewish management
company but you'll they ask but wait a
minute my sir
still the ye'd is gaining only because
the more cost more
residency asthma money he makes so
that's why he adds you should also give
a small percentage of the income to the
management company so what you're doing
it is you are promoting it from a
regular car belong to a scurrying to a
I'm sorry to a Norris once you have a
Norris then even Maria behaves concern
has been negated in other words it's it
has to be more than a complan there has
to be an artist and as mr. burns he
forgotten you it says regarding the
merits that we spoke about regarding the
callings service that we we spoke about
if the guy has a vested interest
financially in every bit of work and
every bit of profit then he's not just
the Cobblers in Aras but as he erred you
have to be careful that you can't
obligate anybody to work on job as
you're given the over the job do it at
your discretion
so obviously the Guardian will have an
interest in making it run smoothly
weekly on Shabbos plus if it's known to
be I get this accompany you have to put
up a sign this
premises are run by a management company
that would avoid the my rasayan so
obviously before you invest in a nursing
home you would have to sit down with a
rub and with a lawyer and you have to
write a perfect agreement this is not a
regular office I just wanted to mention
this because look how many points we
touched upon the table on the Auris the
marabou have really RS is okay the case
of Kaveri amalaki is awesome the fact
that you could be multiple my rezaian
and the Inca is before you have a Shila
to ask
shayla's holcomb just to briefly review
what we learned today as well as all
Yanni Shabbos that's the Bubba eight
avocados Buraku but more so a meal the
outcome has to say for sure maíam tells
us be very careful the fact that it's
the protection of Shabbos a Shoppers
Caliban Ephraim and it's very tempting
to be Mako we have to be careful that's
Alma car broker the real definition of
meal Akram is not telling a guru
instructing him it's the guy doing for a
year loved Africa Meera but that would
justify a sphere a goblin or Aras
because he's not doing it for you is
only for himself and I did enough she
asked areum is a typical mule outcome
because he is servicing you on the
Shabbos the any work that's done by the
guy but for his own interest with
Marshall he sells items
he's an heiress a real estate broker her
if there's no my rezaian has not kabir
melaka he could sell it on Shabbos a
sales representative again if it's done
right where there's no Amelia Ahmed
there's no kuvira locked tight and there
is an RS relationship it's motive if the
only fear or show was on Chavez it's
awesome and even an artist covere Moloch
T is awesome a secretary could work at
home if it's done right you're not
forcing to work on Shabbos and the paid
per piece a roof under guard until
Shabbos and my rezaian even if it's not
Marisa and it still seals on Shabbos
construction but there are Klaus would
come to a halt on Shabbos someone needs
especially as a special need he should
consult with the rub but
struction is generally across-the-board
stopped on Shabbos to run a store of
factory let's be careful should only be
done with the rubs consult because there
are details that have to be taken care
of PayPal or program payment is okay as
long as it's not give a mulatto
answering service a call center if it's
done right that he's paid for a person
per per call and it's not Cavia malarkey
is okay and regarding ownership and or
partnership in a nursing home or a
lawyers or a law firm it has to be done
right
ask Australis call him and hear cuz the
shaba should bring us the bracha the way
it's folks to I couldn't talk to you all
thank you all for listening