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Charging for Services on Shabbos- How and When is it Permitted Shiur by Rabbi Nochum Scheiner
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This Shiur was given at Beis Medrash Ohr Chaim in Monsey, NY.
Categories:Torah
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Transcript
Auto-generated transcript. Not time-synced to the video.
K on
Shas sell and buy is
an and the
reason either we're learning now this
the what the is Z day going to come to
write extended the is
of not only are you now let us sell and
buy in
chabas but you also now let to do
something that's going to bring you
income say you're not selling somebody
the item we'll go through a couple of
examples before we even start this she
just to bring it out but not that you're
selling somebody something it's yours
you're renting him the item you're
giving him the item you giving them a
service and you're getting money that's
shabas you're gaining money you're
gaining money on shabas is
also and
it's Rashi brings it in in U that's what
we're learning now in Simon shin
brings
that going to ask
me meaning to say is they made one
big of course they made
it but it's one big you find it also
shabas just to go through a couple of
examples then we'll try to
see would be if let's
say you rent out a room a hotel room an
apartment if you rent it out for
shabas that's shabas you're renting it
to the person it's yours you're getting
money for renting the
apartment you have money in the
bank the money is sitting in the bank
and for every day that it's in the bank
you get interest that is shabas it's
your money you're letting somebody use
your money and for that you're getting
interest that is shabas we're going to
go through to see each
item even though it's
sh
babysitting yeah you have a SIM whether
you go somewhere else your home and you
have somebody babysitting your children
on chabas and you want to pay the
babysitter that would be
shabas a car rental you have a car
renting company and you rent out the car
we soon
see
is even for a go even meaning to say is
the is benefiting from your service
and he's giving you money it's also
awesome you're now let it take shabas
even if it's from a
go another
example many
mik charge for using the Mikvah chabas
that
also you have a mik you're letting
somebody use your mik and you
charge is right for shabas he's a
charge some m is right if you're from
out of town then you don't have to but
they them they charge
you have somebody that runs a p the BOS
leaders you pay them that's that that
would
be sure many more examples will go
through as much as we can cover
tonight so the is is is to
take you now to take the
money the is is also to give but this is
to
take that to take the person doesn't
evenings you don't even have to give the
money and as we mentioned just before
the is even from a go you now to take
shabas even from a go so we went through
a lot of examples to bring out shabas
we're not speaking
about tonight that's not our that's not
what we're learning
now is a separate idea a person has his
website open on chabas and it's selling
that's but we're not now we're not
talking about selling anything we're
talking about you're providing a service
and by you providing a service you're
getting money that's
called is
awesome however there
are number
one brings it by
us explains
it for example exle you hire somebody
to on shabas and you want you're paying
him so the is it's the reason why it's m
is because of Mitzvah that's the first
hat Mitzvah forv it's
m one second we'll get it's very
good brings
this to charge on chabas and he says
is talking
about
but like he's saying very good
it's means it's it's m but at the end of
the day what are you gain by the person
being he's taking
money so
that's says that's
why in the case by a mikah brings
another hat and that's the Hat we're
going to see about how law which we'll
go into now but the
first this is not the only example these
other cases being a being a all these
are to get to to take the money on
shabas when you're not selling something
it's
AAS however
however there's
another which is maybe this is even
really the first hat
if you rent out an apartment just for
shabas and you take money for that
that's called shabas however if you rent
it out from Friday afternoon to Sunday
for the
weekend and when you're charging you're
not only charging for shabas you're
charging also for the
weekday you're taking money for shabas
but you're taking that money it's by law
with the money that you're charging for
Friday for
Sunday but this is very important to
bring out
this is not the is it's not a it's not
atick that it's how to take the
money you to sell and to
sell you could sell the with the Lula
give him along long an EST but if you
sell the Lula for $700 when it's usually
sold for
150 and then you
give that's not the right of law I'm not
going over there the means that when
you're selling him the you also include
the here the idea of just means that
you're not only giving money
forab but that you also giving other
money even if it's a little bit meaning
to say is a daily rental is for $0000
and because you're coming from Friday
afternoon to mat shabas it's 450 so it's
not it's not the cuz I'm I'm charging
for Friday and Mon shabas and I'm
sneaking in the shabas
the if he's also monies not from shabas
it's
m the varm is maybe is some of say the
reason is what you say why is it not ni
it's G's fine
n some of the say the reason is is
because I don't understand it fully
that's I wasn't going to say it but if
you that
once
the that you're going to write but if
you're already doing it
with you're already going to write
it I'm not sure why we're not you write
chabas but it's hard what you're saying
an nicker I'm not sure if I understand
it I'm not sure if you give it
if you have extra we're going to go into
more also but if
one it's a package deal
for the
weekend so it's not nicker that you
shabas I mean if the reason is reason
reason another another so good so this
is all very
good when you rent somebody an apartment
or you rent the go your car for shabas
but he has a an hour before
shabas what would be let's say let's
take the example of the mikah how could
the M charge on
shabas if you sayah
but it's not you coming Friday and we're
charging for Friday for shabas if you go
to the Mikvah on shabas just on chabas
they charge you for the
Mikvah so what kind of is the
what
say very
good other say that these the other po
say that these have law also for the
expense like he said the towel and even
the cleaning expense also in other words
if you're not charging the whole two or5
doar whatever they charge just just for
the in other words it's not
just it's also CU it's costing me to
operate the mikah have bills
it's heating the water it's the towels
it's the cleaning so when I'm charging
the $5 part of the $5 is
also
so is mixed with
the I call Park and ask him if he
charges me he got hold something like
what why charge on chers all insulted I
heard all insulted I'm like saying he
charges officially on chers
he didn't want to
rely I hear I hear laaa is like this
many mikas clearly write that is a price
AR shabas is $5 and then they right
shabas is $2 they charge so
the is it
a
speaking but
here it's m
I don't think anyone
argues is you're charging
just or also no no no no no every
business has every that's a business you
buy and sell and make profit every
business has to have expenses which cost
and then make profit if the head is
going to be only or also so first of
when you say every business has a so
let's
Emison they really Mis on this that we
spoke about the hotel room that cuz an
hour before really even if you take a
just for shab some
say and the reason why it's m is because
first of
all all he says that first if you go to
hotel that givs
food you're paying for the food that you
allow to pay even even the food that you
get on shabas but even not that so they
have wash the
L but you saying every
business the expense of that of what's
going on on shabas of of course if you
have a car rental so I had to buy the
car but if it doesn't cost me anything
when you rent it that also could be the
RIS afterwards you have to clean the car
that's
V like the case in with the oven you
give the oven to a for shabas no the
oven is the way it is nothing changed
it wouldn't be unless you you include
also a little bit of a rental from
before
shabas very good that's the
case so that the het for somebody a sh
to pay a sh so it's
only he's not only watching for shabas
he's watching for a few more days the
case of for the week which by the way
it's very important to note I think the
spells it out
clearly if you if you're going to let's
say give him the room the hotel room or
a car rental and it's a daily rate so
even if it's for the whole week it
doesn't help that you're giving it them
for the week that's not have law if it's
$700 for the week and it's $100 a day
it's aome because the $100 of shabas is
shabas it's only a law theot is if you
give it them from Friday afternoon till
Sunday it's $400 when usually it would
have been
350 you give him a weekly rate of andas
is included
that's again because we're tricking that
we're making believe like we're not
charging for shabas but it's m as
opposed to if you if you you give
somebody even this Sher you're paying
him for the week but the way you're
paying him for the week is $100 a day
it's AER that's how we began off with
interest from a bank we're going to get
to it
soon trying to go organize but there
also even if the bank gives you once a
month the interest but if they calculate
per day so the day of shambas
isas I don't care if they give it to you
in a check per month they wire it into
your bank account but they're giving you
per
day 12 12 what' say oh we'll get the
good good that's that's another way
so what do we have so far just we spoke
about we also spoke about have law two
types of have law either have law that
you're not only charging for shabas or
if you're only charging for shabas but
these
other let's just go to another
example to pay
a so for this
WR to have him DAV let's say the first
night so that's of law you're paying him
for a
package but including of that also is
the DAV the first night
of what
say so so the Emma
says I didn't see that anyone says that
would be the
I'll tell I'll tell
you I'm paying the B to I'm not paying
him to I'm paying him to D Grand you
want to D well you have to PR
he has to prepare I'm not paying I'm I'm
pay I'm paying you to prepare do prepare
don't prepare if you know how to come
and if you find that
says let's
go to have him to come a week
before that's not called OFW because you
never pay somebody to stop
something is
we the same thing
as for also to
pay what you're going to tell him to
come one day before to
blow unless you you tell to come I want
to pay you also to come the what for one
day no one pays a person to come for one
day in
L let's see maybe these other other a
hat as well
also but interesting if anybody has a
mar for that that the practice is
included you're paying for the
practice is the same
thing what does this
do you don't mean what we did you want
to know what we're going to do let's see
after she we see what's the
theaa here's a thing like this
also
to here it's not applicable anymore
because it's
it's however the one who's taking the
money so why is he doing
it so we we could continue doing paying
them okay I hope the not going to come
we have to have to figure out for them
also no but we're saying they come but
let's
be
more that'll be applicable to this as
well going right back into hav we spoke
about hav we said two types OFW one OFW
is you include also the day before and
then there's another type
of where
these so we mentioned the case of
Interest yeah I have money in the bank
Bank you're now to take
money shabas even from a so you have
money in the bank now the interest rates
are up and it's you know it's more than
one penny a year so the isus that's
coming in over here on shabas so what's
Thea that it's but why because the way
how the banks calculate
they pay for a day but the way they
calculate is from Midnight to midnight
so let's say it starts from Friday night
midnight to M shabas midnight so is's
already sometime after shabas also that
they're giving you interest so that's of
law of law it's not your shabas it's
also after
shabas oh very good very good
sh would be a problem shabas and he GR
I'm we're going to leave out for now two
days yam let's go regular shabas and yam
either Friday is yam and shabas or
shabas and Sunday both could happen so
is definitely a 24hour period from
Midnight to midnight that's either
just
which and that little bit you should
make he says you should give it
to however however the another Chu
Raa that Raa says that could
be it's a CH I'm saying over the but he
says that it could be even when it's two
days it's m and he says like this the
bank will never take your money for one
day if you tell them you want to put in
for one day they're not going to take it
they take it even if you don't put in a
CD but when you give it they're taking a
long term it's long term it's like for
the week for the month for the year
which
Dr and then he shs to the same ideas
also someone owns a nursing home so how
does he charge the same thing as like a
hotel but here
M it's per night per bed per patient the
state the government gives money so it's
also what's what's the hatter what's the
shabas it's CL shabas so
Dr if you have a patient just for one
night that's not where they pay it's
only when it's when the when the
patient's there for a while so that's
right
that's
oh in the Chua himself at least he's
bothered by by the
bank but Nur he says that I didn't
understand clear by the bank he's
Masashi he says it's true the bank's not
going to take the your money just for
one day that let's say even minimum
three months but l once they take it
they calculate it per day like we say
very good even when the says that you
could do it per week it's only if these
a weekly rate but if it's per week and
every day you get paid per day that's
right you get interest every day it
doesn't make a difference when they give
it to you what is if but but if you take
it out the middle of the month they
would still give I don't know I don't
know how the banks work I don't know I
don't know but even if they do or they
don't at the end of the day if you have
it there for a month and when they gave
it to you for the month they gave you $5
because they calculated per day so it
means they're giving you clearly per the
day of shabas
also speaks
that
the
long what what Sayan there is a that
that per day but it has to be for the
week seems to say that even though per
day per day but got be a week that might
be seems like he's making all that mean
if you need the whole time if you have
to keep it in so he saying let's see if
maybe taking a patient for one day could
be example
maybe really think things will take one
day could technically do it I
think you're
saying let's say if a person puts in the
money in a CD that it's clearly stuck
there for a while then you'll be able to
rely on that
Hatter it's interesting
the go brings this with the bank and
then he the ribus the interest and then
he says in tant he starts off the chu he
says but if you use this money let's say
to marry off your kids then it's a
Mitzvah then it's m the other
hat let's move along
now a couple of
more this
Hatter you have to really know how to
use the hatter but the Hat the mar
brings
works with the hat it's not clear but Al
the hat is if it's
prepaid at least in certain cases when
you prepay something even if you don't
end up using it taking it showing
up you lose the
money I got the money already before you
rent Department only on chabas and
there's no other
no nothing I got the money ready even if
you don't show up you're not getting
back the money so I already was before
Shas
to this would be M simple like anything
any time any sh of anything if you
prepay that's the
another he the m r brings which is not
always so easy to use is if you don't
make up the amount
before but we'll soon see it's you could
if you don't make up the amount
before it
is a doesn't
charge people give money for the but
there's no money made up before if you
don't make up a price before there's a
price that the people say what the price
is what people give but if a person
doesn't give that price there's no
you're going to tell him that's not the
price but
CL you didn't make up
before sometimes also sometimes blow
because it's a
blow and afterwards they get a check for
being a to so that also does not go into
shabas it's not always practical because
if somebody's doing a job or going into
some other it's not so practical not to
make up before but sometimes you're
doing it because you're doing it because
you're doing it Anda you get you get
money for it
also just to I want to
conclude
very even though it's
onas even though
think I mentioned it over
here the next the next the next the next
is let's say a ro or a which is very NE
um new to help out Aid a midwife yeah a
labor coach Midwife you call them on
shabas to come and they come
and they come so so what so that's that
also
be side could be even just
like of course
it's it's M for a doctor
also bring that disciples you have to
make sure to
pay I just want to conclude with with
one
case a baby said on shabas I think
that's you know like a big a big one and
that's
what's what's
the it's not a Mitzvah I mean what's the
what's the so is like this if this is a
baby sitter that you come you call her
to come
Friday or M of shabas or Tuesday but not
that you pay per hour because if you're
going to call her to come Thursday and
she was 2 hours Thursday and 8 hours
shab and then you're paying her per hour
so you didn't gain anything but let's
say you tell us I need your help come
shabas for a few hours come Thursday for
for half hour and I'm paying you that
amount that would be M
that's I saw some want to bring the same
like we saw about
the if she buys arts and crafts or
snacks or candy or Nash I that would
also be the bring such that's also the
you have to reimburse her for that that
once you giving you give it all the
money and lastly and with this I'm going
to conclude lastly in in
another brings others
also basically these also a hat there
which is if you give the person a
mat if you if you ask somebody to do a
service for you on chabas and then and
he charges $50 and you give him $50 of
Matana that's that's a joke that's
paying however if you have a babysitter
you called the babysitter the going R
it's very interesting and the Chuy
writes the going rate is a dollar an
hour
um let's say whatever the going rate L
Marshall now is $10 an hour and you call
the babysitter for 5 hours and you ask
add on money you add on money so not the
is that you're adding on money so with
other money when you add our money so
now instead of the $50 you g let's say
$60 so it's
it's let me just read the
Lan I I thought so also that it's a
you're also giving a mat I thought the
same also that you're paying besides
what you're paying you're also adding on
M that would make things like simple
always you hire whatever you're doing
you add on a few dollars it seems like
the whole thing becomes
small says say it's a dollar an hour and
she's watching babysitter's watching for
three hours so he says ye
$330 and three
dimes so so what does he mean it means
just the extras of just means that now
the whole thing is that be so just
to these many cases we didn't get a lot
of cases also
but are the two types of we saw we saw
sometimes if you
prep but these are all in when
theed to
these examples will be