Monday, October 21, 2019

shabbat - malacha from child


is one allowed to ask a child to do a malacha of shabbos? does your answer also apply to a non-Jew?



Answer



Generally one is prohibited from instructing anyone to do melachah ("work") on Shabbos (The Sabbath), but although many of the reasons to prohibit instructing a non-Jew from preforming melachah can conceptually be applied to instructing a child as well the two cases are distinct from each other in many ways.


A Jewish child is required to be trained in the performance of the mitzvos/commandments (chinuk). This obligation falls primarily on the child's father but there are many variables which are not relevant here. One is not allowed to instruct a child to transgress a Torah prohibition therefore one may not instruct a child to do a melachah on Shabbos. (O.C. 341:1, Chayei Adam [Tefillah uB'rachos]66:6, M.B. 341:4). The various heterim (leniencies) regarding children on Shabbos apply to Rabbinic prohibitions.



Regarding a situation of Pikuach Nefesh it is preferable to have an adult preform the melachah rather than a child (O.C. 328:12).


Instructing a non-Jew to do a melachah is generally forbidden and various reasons are given for this prohibition which obviously have nothing to do with teaching one's child to observe mitzvos. For an overview see Shemiras Shabbos K'Hilchasa 30 footnote 2.


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