Q&A: Using a Non-Jew on a Holiday — No Longer Practical
Using a Non-Jew on a Holiday — No Longer Practical
Question
With God’s help,
Hello Rabbi,
I wanted to ask about the following: my grandmother is very elderly (96+), and the family wants her to join us for the Seder on the holiday, but at this point she is no longer able to sleep away from home. Therefore, someone suggested paying an Arab taxi driver in advance to take her there and back on the holiday (and let us assume he would open the doors, etc., etc.).
Is this permitted according to Jewish law?
The assumption here is that she would be quite disappointed if she were alone in her home for the Seder.
P.S.
(This is no longer a practical question, because I told the family that it seemed to me that this is forbidden, especially since I’m not sure the grandmother even wants it that much… but after attacks from the extended family against me… I wanted to ask whether I was mistaken.)
Answer
There is a rabbinic prohibition against telling a non-Jew to do something, and it was permitted for the sake of a commandment or a communal need; according to most opinions, this is only when you are telling him to do something that is itself only rabbinically prohibited (a “double rabbinic” prohibition in a case of a commandment). According to the view of the Itur, even telling a non-Jew to do something prohibited by Torah law was permitted. Here there is also benefit from an act done by the non-Jew on your behalf.
Simply speaking, this is forbidden, although there may perhaps be room to be lenient if, from the grandmother’s perspective, this is a major need.
Discussion on Answer
Yes and yes.
Thank you very much,
Does the possibility of being lenient here mean relying on the view of the Itur? Or on some other basis?
By the way, in a case where they permitted telling a non-Jew, does that not automatically also permit benefiting from the non-Jew’s actions?