Payment for Mitzva Related Work Done On Shabbos & Yom Tov (Tutor, Chazan, Blow Shofar, etc.) – What’s The Halacha? [#111]

Payment for Mitzva Related Work Done On Shabbos & Yom Tov (Tutor, Chazan, Blow Shofar, etc.)

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We spoke about, in our last video, about cases where a person was working in a non mitzvah related manner. Where examples in that video was about how if someone could be a babysitter or they wanted to be a waiter at a function and how that would be set up properly in a permissible way to avoid a problem with Skhar Shabbos which we translated as profiting from a work or a service or a rental which a person had on Shabbos.

Please refer to that video. It was video number 110. This is video 111 which we'll be discussing when it is a mitzvah related job, for example, if someone is tutoring Torah study on Shabbos, or if someone is a chazan, or someone is blowing a shofar, or something like that, which is mitzvah related, or reading Torah on Shabbos, how would such an arrangement be made on Shabbos?

They also held by the restrictions of Shabbos, and we need to come on to the combining effort of of Havlah where we said a person has to absorb outside of Shabbos work along with the Shabbos work in a pre negotiated matter before the work was done or not. So today again we're bringing from the Sefer of Commerce in Shabbosburg, of Yosef Kushner, he brings over here that this is discussed as well in Shulchan Aruch, Or Chaim, Simen, uh, Shin Vav, Seif Hei.

And over there Shulchan Aruch says.

And the ram says that it says over there, it's also for a person to hire a, to pray on Sha, but there are those that allow it, and the Ramah brings that. If they hire him for a month or for a year, that meaning in a, in a general manner, they'd be okay. So this concept is something which is brought in a previous video that we said that a person would have to do Havla according to all opinions when it's a non mitzvah related matter.

However, when it comes to a mitzvah we see is that many Poskim are of the opinion that for a divine mitzvah if it's a mitzvah related item a person does not have to use this absorbing mechanism of taking time outside of Shabbos and also working as part of the deal. We said in other cases that to The example was a babysitter.

The babysitter would have to work on Shabbos as well as after Shabbos have time where they're working and that would be combined in a pre negotiated matter to have one big job which would encompass Shabbos and non Shabbos time. However, we see over here is that many posts can hold that when it comes to a Divar Mitzvah, a Mitzvah related task, a person we do, they do not have to do this Havlah absorbing rule and a person be able to accept money directly and For that time, even if there was no outside of Shabbos time pre negotiated into it.

They do bring over here is that although those posthum do say that it would be allowed without doing this Havlah absorbing mechanism, it does say that there is a this money is not going to be Einoi roya simon bracha is brought. That a person won't see blessing, a sign of blessing from that money. Some people explain it as if someone will invest that money or do something with that money.

They may not, they will not necessarily see, uh, they will not see a simon bracha. However, the money is not cursed. Some people translate it as it's very bad money. It's not. You can use the money. It's perfectly fine money to use. It just doesn't have this roya simon bracha. That even according to those opinions which say it's allowed without doing the absorbing mechanism of outside of Shabbos time.

Therefore they do recommend That a person should come on to the Havlah and should combine this work of mitzvah related tasks that he's doing on Shabbos with an outside of Shabbos job as well, pre negotiated. And again, like we said in the last video, the job that he does before or after Shabbos, along with this one, has to be a job that it's normal for a person to get paid for.

And therefore, in such a case, a person could do that. Now, we did previously mention in the other video, is that if you can't, Okay. If you want to come on to this, um, the better way of doing it by absorbing in the work and satisfying according to all opinions of doing it that way, then it may not always be necessarily viable to find outside of time work.

Like we said, sometimes a person is only able to do the work on Shabbos, like they come in for Shabbos, for a Simcha, and they leave. So in such a case as we mentioned is that if you don't negotiate anything before and it's unspoken and the person is just doing the work and it's clear that if he doesn't get paid he will not have any grudge, then after Shabbos you would be able to give them a gift for the work that they had done.

In such a case there would be no problem of Eino Ros and Min B'rachah either because again it only is Shabbos. According to those ones that hold that you, when you work and you don't do Havla, that it's Eino Roya Semer Bracha. And therefore it would always be better to do Havla in those cases. And if you can't do the Havla case, is you should not pre, you should not pre negotiate anything and not speak about it.

And then you would be able to give a gift for the work, the mitzvah related work that was done on Shabbos. And again, they do bring over here is that in any case the hiring must be done before Shabbos