2

If one rav paskens something is Asur Deoraisa and another Paskens totally mutar, beshas hadechak is it better to get a non-Jew to do it or a Jew whose rav holds its muttar?

For example, if a certain city has a machlokes on an eruv (where the tzad isur holds deoraisa) and a mohel forgot to bring his knife to a baby's house for a milah on shabos, is it better to get a non-Jew to carry the baby/knife or for a Jew who carries to do it?

Other examples of such situations are welcome in the comments.

Harel13
  • 25,676
  • 4
  • 58
  • 136
SE is Evil - Support Monica
  • 1,576
  • 9
  • 23
  • Didn't you just ask this? http://judaism.stackexchange.com/q/68596/759 – Double AA Feb 25 '16 at 15:31
  • the answers/comments on that question were dancing around the issue by suggesting other ways to open the can or questioning how you would come to a beshas hadechak at all. This question is much clearer and the answers there do not address this question at all. – SE is Evil - Support Monica Feb 25 '16 at 20:39
  • why would a mohel not be able to carry a knife on shabbos without an eruv? – Dude Feb 28 '16 at 14:29
  • 1
    @Dude Because carrying outside of an Eruv is prohibited on Shabbat. Are you saying since Milah is Doche Shabbat he can even carry a knife there? That is not the Halakha. Accd to that you could even go chop down trees to build a fire to forge steel into a knife. The Halakha is you can only do the direct acts of the Milah. – Double AA Feb 28 '16 at 14:45
  • A baby being born after tzais motzei shabbos of the Gra and not Shitas R"T? The bris according to one would be held on shabbos, while the other would wait until sunday... – Isaac Kotlicky Feb 29 '16 at 20:51

1 Answers1

1

If you follow this Rov which means you hold it's forbidden there is no doubt that you can't ask another Jew to do this. Like we see the Tur raises the question of having somebody who observes only one day of Yom Kippur perform an act of labor on the second day of Yom Kippur on behalf of those who are keeping two days, the ruling of the Tur, citing form Ri Ha-Levi, is that this is forbidden. This ruling is also cited by the Mishnah Berurah (624:16).

In this particular example like an Eruv if it's not an Halachic issue and you just belong to a community which doesn't carry as an Hashkufa issue this can be equal to the Shulchan Aruch (263:17) that rules it is permitted for somebody who has accepted Shabbos to ask his friend to perform a forbidden act.

Harel13
  • 25,676
  • 4
  • 58
  • 136
Harry
  • 131
  • 3