Arukh HaShulchan, Orach Chaim 233:12-234:6

Sugya Map

• Issue: The precise definition and application of the prohibition of hachsharah (preparing food for a gentile on Shabbat) and its inverse, hakhamah (cooking by a gentile for a Jew on Shabbat). This section of the Arukh HaShulchan grapples with the interplay between preparing and cooking, and the intent behind the actions. Specifically, it delves into whether the prohibition applies to merely arranging food (hachsharah) or only to the actual act of cooking (hakhamah), and the conditions under which a gentile’s action on Shabbat is permissible.
• Nafka Mina(s):
  • The permissibility of a gentile serving food that was already cooked before Shabbat, but which they then heat up or arrange on Shabbat for a Jew.
  • The distinction between a gentile acting al da’at Yisrael (with the Jew's intention/permission) versus l’atzmo (on their own accord), particularly in the context of food preparation.
  • The parameters of the gezeirah (rabbinic decree) of hachsharah.
• Primary Sources:
  • Shabbat 21a (Prohibition of preparing food for a gentile on Shabbat).
  • Shabbat 22a (Prohibition of cooking on Shabbat).
  • Mishnah Berurah 305:13 (Discussing hachsharah for a gentile).
  • Rashi, Shabbat 21a s.v. lo yachshir.
  • Tosafot, Shabbat 21a s.v. hachsharah.

Text Snapshot

Arukh HaShulchan, Orach Chaim 233:12: וכן אסור להכין מן הכלים ליהודי בשבת, וכן אסור להכין מן הכלים לתינוק יהודי.

Translation: "And similarly, it is forbidden to prepare [food] from the vessels for a Jew on Shabbat, and it is also forbidden to prepare [food] from the vessels for a Jewish child."

Arukh HaShulchan, Orach Chaim 233:13: וקצת מן האחרונים כתבו, דאפילו הא דאסור להכין בשבת לגוי, היינו כשהוא מכין לו מבעוד יום, אבל בשבת עצמו, אם הגוי מכין לעצמו, מותר לישראל ליהנות ממנו.

Translation: "And some of the Acharonim wrote, that even the [rule] that it is forbidden to prepare [food] on Shabbat for a gentile, this is when he [the Jew] prepares it for him from before the day [i.e., before Shabbat]. But on Shabbat itself, if the gentile prepares it for himself, it is permissible for a Jew to benefit from it."

Arukh HaShulchan, Orach Chaim 234:1: כל דבר שבישלן ישראל קודם השבת, מותר לגוי לבשלן ולחממן בשבת, וכן ליתן עליהם משקה.

Translation: "Anything that an Israelite cooked before Shabbat, it is permissible for a gentile to cook it and heat it up on Shabbat, and similarly to add liquid to it."

Dikduk/Leshon Nuance: The Arukh HaShulchan uses the term le'hakhan (להכין) in 233:12, which can mean "to prepare" or "to make ready." This verb choice is central to the debate. In 233:13, he quotes the Acharonim using the same term (hachsharah - הכנה), distinguishing between preparation from before the day and preparation on Shabbat itself. In 234:1, the term le'vashel (לבשל) is used for cooking and le'chamem (לחמם) for heating, indicating a distinction in action. The phrase al da'at Yisrael is implied but not explicitly stated in these opening lines, forming the core of the subsequent discussion.

Readings

The Arukh HaShulchan, in these sections, synthesizes the Gemara's prohibitions and the Rishonim's interpretations regarding the permissibility of gentile involvement in food preparation and cooking on Shabbat.

Rambam's Approach (Implicit)

While not directly quoted in this specific excerpt, the Rambam's position on hachsharah for gentiles is foundational. In Hilchot Shabbat 21:12, he states, "It is forbidden to prepare [food] for a gentile on Shabbat, as it is written, 'And you shall not do any work' (Exodus 20:10), and it is forbidden to prepare for a gentile even if he is an idolater." The Rambam's understanding of hachsharah appears to be a broad prohibition against any form of preparation that facilitates the gentile's Shabbat enjoyment, stemming from the verse "And you shall not do any work" – implying even work that benefits others. This encompasses a wide range of actions, not just direct cooking.

Tosafot's Chiddush on Hachsharah

Tosafot, in Shabbat 21a s.v. hachsharah, offers a crucial distinction that underpins much of the subsequent debate. They discuss the verse "And you shall not do any work" and question why the Gemara derives the prohibition of hachsharah for a gentile from this verse, as it seems to apply to prohibited labor. They explain that the prohibition is a gezeirah (rabbinic decree) intended to prevent a Jew from coming to cook. Tosafot says:

ומה ששנינו אסור להכין לגוי משום דלמא אתי למיבעי מיניה ומיבעי מיניה ומבשל ליה.

Translation: "And that which we learned it is forbidden to prepare for a gentile is because perhaps [the Jew] will come to ask him [the gentile] and ask him and he will cook for him."

This implies that the primary concern is not the gentile's action itself, but the potential for the Jew to be indirectly involved in prohibited Shabbat labor by commissioning or facilitating the gentile's work. This gezeirah is designed to create a wider separation from prohibited activities. Tosafot thus suggests the prohibition is about preventing the Jew's involvement, rather than a direct prohibition on the gentile's action if it doesn't involve the Jew's direct commissioning.

Rashi's Nuance on Hachsharah

Rashi, in Shabbat 21a s.v. lo yachshir, provides a more direct interpretation of the prohibition:

לא יאכילנו דבר שנתבשל בערב שבת ואין בו משום בישול, כגון ירק חי, או פירות, או קטניות, ובישלן בשבת.

Translation: "He shall not feed him [the gentile] something that was cooked before Shabbat and is not subject to the prohibition of cooking, such as raw vegetables, or fruits, or legumes, and he cooks them on Shabbat."

Rashi here focuses on the act of cooking itself, even if the food was prepared beforehand. This seems to imply that the prohibition of hachsharah extends to the Jew causing a gentile to cook on Shabbat, even if the raw materials were ready. However, the Arukh HaShulchan later distinguishes between "preparing" (hachsharah) and "cooking" (bishul), suggesting that Rashi's comment might be focused on the broader category of "preparing" which includes cooking. The key is that the Jew is the initiator of the gentile's Shabbat activity.

The Arukh HaShulchan's Synthesis

The Arukh HaShulchan, in 233:13, picks up on the idea that the gezeirah might be more limited, especially if the gentile is acting independently. He notes that some Acharonim argue that the prohibition of hachsharah for a gentile only applies when the Jew prepares the food for the gentile from before Shabbat. However, if the gentile prepares it for himself on Shabbat, it might be permissible for the Jew to benefit. This aligns with Tosafot's concern about the Jew's active commissioning.

Then, in 234:1, he clarifies the inverse: if the food was already cooked by a Jew before Shabbat, a gentile is permitted to heat it up or even "cook" it further (e.g., adding liquid), implying a leniency once the primary Shabbat prohibition of bishul has been fulfilled. This leniency is based on the principle that the primary act of Shabbat prohibition has passed.

Friction

The central tension revolves around the scope of the gezeirah of hachsharah and its relationship to the prohibition of bishul (cooking) itself. Specifically, does the prohibition of hachsharah (preparing food for a gentile on Shabbat) extend to actions by the gentile that are not direct cooking, or when the gentile is acting l'atzmo (on his own accord)?

The Kushya: The Scope of Hachsharah

The Gemara in Shabbat 21a states, "It is forbidden to prepare for a gentile on Shabbat." Rashi explains this as not feeding him something cooked before Shabbat, but which he then cooks on Shabbat (e.g., raw vegetables). This implies that even if the raw materials are ready, the act of cooking by the gentile, initiated by the Jew, is forbidden. This seems to be a broad prohibition.

However, the Arukh HaShulchan, referencing "some of the Acharonim" in 233:13, suggests a leniency: "even the [rule] that it is forbidden to prepare [food] on Shabbat for a gentile, this is when he [the Jew] prepares it for him from before the day. But on Shabbat itself, if the gentile prepares it for himself, it is permissible for a Jew to benefit from it." This introduces a significant caveat: the gentile's independent action, not commissioned by the Jew, might be permissible.

This leads to the friction: If Rashi implies that even cooking raw vegetables (a form of bishul) is forbidden as hachsharah, how can the Acharonim permit a gentile to cook for himself on Shabbat, which a Jew can then benefit from? Is the hachsharah prohibition only about the Jew causing the gentile to cook, and not about the gentile's act of cooking itself if it's independent?

The Terutz: Differentiating Hachsharah from Bishul and Intent

The resolution lies in distinguishing between the Jew's active role in commissioning the gentile's Shabbat labor and the gentile's independent actions. The gezeirah of hachsharah is primarily rooted in preventing the Jew from transgressing the prohibition of melechet machshevet (thoughtful labor) by indirectly engaging in cooking through a third party.

The Acharonim referenced by the Arukh HaShulchan are likely distinguishing between two scenarios:

1. Jew Commissions Gentile: The Jew actively tells or arranges for the gentile to cook or prepare food for the Jew on Shabbat. This is the classic case of hachsharah, forbidden by the gezeirah because the Jew is essentially having the gentile perform his Shabbat labor.
2. Gentile Acts Independently: The gentile is preparing food for himself (or for other gentiles) on Shabbat, and a Jew happens to benefit from it, or the Jew allows the gentile to use his kitchen. In this scenario, the Jew is not actively commissioning the labor. The prohibition of hachsharah (as a gezeirah to prevent the Jew from transgressing) does not apply. The gentile is acting l'atzmo, and the Jew is merely benefiting from an action that is not directly facilitated by his own Shabbat prohibition.

Furthermore, the Arukh HaShulchan's statement in 234:1 that "Anything that an Israelite cooked before Shabbat, it is permissible for a gentile to cook it and heat it up on Shabbat" suggests that once the primary prohibition of bishul has been fulfilled before Shabbat, the subsequent "cooking" or heating by a gentile is less problematic, especially if it's for the purpose of serving already-cooked food. The gezeirah is less stringent when the food is already in a state of being ready to eat, and the gentile's action is more of a service or minor adjustment rather than original cooking.

Therefore, the friction is resolved by understanding that the hachsharah prohibition is primarily about the Jew's intent and involvement in causing a gentile to perform Shabbat labor. If the gentile acts independently or if the food is already substantially prepared, the strictures are relaxed.

Intertext

Tanakh: The Underlying Principle of Shabbat Rest

The prohibition of hachsharah and hakhamah ultimately traces back to the foundational commandment of Shabbat rest. In Exodus 20:10, God commands, "But on the seventh day it is a Sabbath to the LORD your God; you shall not do any work, you, or your son, or your daughter, your male servant, or your female servant, your cattle, or your sojourner who is within your gates." The inclusion of "your sojourner who is within your gates" (g'recha asher bish'arecha) is often cited as the source for extending Shabbat observance to include the prevention of non-Jews within Jewish households from performing labor that would violate Shabbat. The hachsharah prohibition is a rabbinic interpretation and extension of this principle, ensuring that no one within the Jewish sphere of influence is engaged in forbidden work on Shabbat, thereby safeguarding the sanctity of the day.

Shulchan Aruch, Orach Chaim 305:13: The Mishnah Berurah's Elaboration

The Mishnah Berurah, in his commentary on the Shulchan Aruch, Orach Chaim 305:13, directly addresses the concept of hachsharah for gentiles, providing a practical application of the principles discussed by the Arukh HaShulchan. He states:

ואסור להכין לגוי בשבת, שנאמר "ולא תעשו כל מלאכה", ופירשו הגאונים דהיינו אפילו לגוי, והוא מיהו, דהגוי עושה בשביל ישראל, אבל אם עושה הגוי בשביל עצמו, מותר.

Translation: "And it is forbidden to prepare for a gentile on Shabbat, as it is said, 'And you shall not do any work,' and the Geonim explained that this is even for a gentile. However, this is when the gentile does it for the sake of the Israelite. But if the gentile does it for his own sake, it is permissible."

This quote from the Mishnah Berurah directly mirrors the sentiment expressed by the Arukh HaShulchan regarding the gentile acting l'atzmo. It reinforces the understanding that the prohibition is contingent on the Jewish person's involvement and intent. The Mishnah Berurah's inclusion of this point underscores its importance and widespread acceptance in halachic practice.

Psak/Practice

The practical application of these laws, as elucidated by the Arukh HaShulchan and his predecessors, hinges on intent and the nature of the gentile's action.

1. No Direct Commissioning: A Jew may not ask or instruct a gentile to cook, heat, or prepare food for the Jew on Shabbat. This is the core of the hachsharah prohibition.
2. Permissibility of Gentile's Independent Action: If a gentile is preparing food for himself (e.g., a gentile employee in a Jewish home preparing his own meal, or a gentile neighbor cooking in their own home), a Jew may benefit from the byproduct or be present, provided the Jew did not facilitate or encourage the gentile's action on Shabbat. However, care must be taken that the Jew is not deriving benefit in a manner that would be prohibited if they performed the action themselves (e.g., eating food cooked by the gentile in a manner that would be bishul if the Jew did it).
3. Already Cooked Food: Food cooked by a Jew before Shabbat can be heated or further prepared by a gentile for the Jew, as the primary Shabbat prohibition has already been addressed. This is common in contemporary settings with non-Jewish household staff who may reheat meals.
4. The "Shabbat Elevator" Principle: This leniency for gentile action is akin to the principle of the "Shabbat elevator" – an elevator operated by a non-Jew for the benefit of all, including observant Jews, is permissible because the non-Jew is operating it for their own purposes, and the Jew is not actively engaging in the prohibited act. The gentile's action becomes a service rather than a direct transgression facilitated by the Jew.

Takeaway

The prohibition of hachsharah is a rabbinic safeguard against indirect transgression, primarily focused on the Jew's intent to have a gentile perform Shabbat labor. When a gentile acts independently, or when the food is already substantially prepared, the strictures are significantly relaxed, allowing for practical application in diverse Jewish households.