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If someone is taking a picture on Shabbos on their phone or a digital camera - must one try not to be in the picture; does he violate anything if he specifically “photo bombs” the pic on Shabbat? Does it matter whether the photographer is Jewish or not?

Most that say one can walk in front of a security camera are of the opinion that since the image is constantly changing - it’s not real ksiva because it’s a melacha that is not miskayem as well as it being not nicha le (and I think both are needed). Does that logic apply to a still image that is on the screen until the next picture is taken?

Draizy-Levi Pine
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  • related https://judaism.stackexchange.com/questions/52546/waving-at-a-security-camera-on-shabbat – rosends Jul 10 '18 at 10:47
  • Will the person being photographed enjoy the picture afterwards? Or he simply there accidentally? One cannot benefit from "melechet shabbat" if it was something that couldn't be done afterwards – mbloch Jul 10 '18 at 12:31
  • What Melacha would it be? Second, does this constitute a benefit from melechet shabbos if the photographer is the one who ultimately has the benefit; ie if someone turns on a street lamp outside on shabbos - is there any issue of a jew enjoying a lighted walkway on his way home from shul? – Draizy-Levi Pine Jul 10 '18 at 12:50
  • @Draizy-LeviPine remember to ping anyone you are speaking to by adding @ before their name - if the photographer is Jewish, the melacha is to take a picture with an electric camera :-> I asked if the person being photographed would enjoy it because THAT is forbidden if he is the only subject (i.e., it is forbidden to benefit from a melacha done on shabbat for one's purpose if one couldn't do it after shabbat - unlike cooking which you can do after shabbat). Being the subject of a photography by coincidence is no melacha – mbloch Jul 10 '18 at 13:30
  • @Draizy-LeviPine The street lamp is a different case, as it isn't turned on specifically for one person. Also one could walk in the street without street lamp - it just wouldn't be as convenient – mbloch Jul 10 '18 at 13:31
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    Possible duplicate of Waving at a security camera on Shabbat –  Jul 10 '18 at 15:46
  • See the various opinions HERE. They should give you a pretty good basis for answering your questions. – RibbisRabbiAndMore Jul 10 '18 at 19:25
  • This video, and This video and Photos of chasidim were taken by a goy on Shabbos. I'm assuming the chassidim involved were aware of the photographer's actions. – RibbisRabbiAndMore Jul 10 '18 at 19:39
  • @RibbisRabbiAndMore At the end of the first video you'll see that they noticed it and indicated to him to stop - which he did. –  Jul 10 '18 at 22:14
  • @Draizy-Levi Pine Theres a significant difference between the camera and video camera. The video camera is making this picture solely because of you. So you're the one doing whatever melacha is supposed to be involved in video cameras. But by somone else taking a picture that's non jew doing a melacha for themselves with no benefit for you without you asking them.therefore it s not Amira LiAkum. Also note that some say you can walk past video cameras because melacha done incidentally while walking is not a melacha. – Orion Jul 10 '18 at 22:16
  • Also note that even if this was the melacha of asking a non jew some say you can do a psik reisha d'lo Nicha Lei m drabbanun (please don't ask me to elaborate on what that is) even according to the mishna berura as long as the drabbanun is not a מלכת מחשבת,in which case you would need two drabbanun. – Orion Jul 10 '18 at 22:18
  • Also about the "stays on the screen until the next picture is taken would be from what I understand possibly talui in the machlokes between the chazon ish and rav auerbach whether electricity is boneh or not. – Orion Jul 10 '18 at 22:34
  • @Orion not sure if I get what you’re saying - video camera is not activated by you I think it’s referring to one recording continuously. – Draizy-Levi Pine Jul 11 '18 at 02:34
  • You're right by the video somone else activated it but by entering while the Cabrera going your for a second creating a different image than what would be created naturally on its own. In the other case with a picture the non jew is doing the melacha which doesn't change in between what you're doing (being in it) and their action. They're action does everything. You haven't done anything. You get it? – Orion Jul 11 '18 at 02:48
  • @Draizy-Levi Pine – Orion Jul 11 '18 at 02:53

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I found in the book " Otzar Hatshuvos by Rabbi Abraham Scheinberg (great book, highly recommend)" a intresting question. The question was" a boy who was drafted in the army is asked to pose for a picture on the Shabbat to be photographed by a non jew what is the law? The answer is ,he is allowed to have the picture taken by a non jew who also takes the picture of other soldiers.

This question was taken from the sefer Keren LeDovid OC 102. I looked at the teshuva and its very long,I do not have the time at the moment to read through all of it but from a quick reading of the first paragraph it seems to answer the question of what is the issue of photography on shabbas is and I am sure it goes in depth discussing all variables that can come up.

Link to the teshuva: http://hebrewbooks.org/pdfpager.aspx?req=1112&st=&pgnum=251&hilite=

sam
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