Aruch HaShulchan (The Set Table). We are talking about what you are allowed to discuss on Shabbat, in Shin-Vav, Yud-Gimmel. We discussed the issue of hiring chazzanim (cantors) and other kinds of help. Remind me: I think we concluded that, as Rav Ovadia (Rabbi Ovadia Yosef) understood it, Maran (our master) is lenient in principle about hiring people to blow the shofar (ram’s horn) for the teki’ot (shofar blasts) on Rosh Hashanah (Jewish New Year). It was a stam there. Then he said tov lehachmir (it is good to be stringent): if you can, try to give them some work during the week.
Let’s go to Yud-Gimmel. I’ll start, and we’ll go around the table. This is very important. “Cheftzei shamayim mutar ledaber bahem” (heavenly matters). You may discuss cheftzei shamayim (heavenly matters), such as calculations for a mitzvah, such as a calculation of tzedakah (charity), or a calculation of what is needed for a se’udat mitzvah (mitzvah meal). You may discuss those kinds of things: charities, and the calculation of how much a se’udat mitzvah will cost.
“Vechen lifsok tzedakah”—you may also pledge charity. Even though one may not make hekdesh (consecrated property) or erchin (valuations) on Shabbat, and one may not donate one’s value to the Beit Hamikdash (Temple), that is because “amirah lagavo’ah kimsirah lehedyot” (Speech to Heaven is like delivery to a person). When you say something for hekdesh, the expression means that when you verbalize something to hekdesh, it is as if you gave it to them. “Amirah lagavo’ah kimsirah lehedyot.” So you are not allowed to give charity on Shabbat. With hekdesh, the verbal declaration is as if you did it. When I say, “I’m giving $100 to tzedakah,” I didn’t give it; I just said it. It is dibur (speech). But when I say, “Harei zeh” (Behold, this is) such-and-such for hekdesh, it is as if I gave it to hekdesh. Therefore, you cannot give it to hekdesh on Shabbat. Hekdesh is different because “amirah lagavo’ah kimsirah lehedyot”: you are transferring it from your domain to the domain of hekdesh.
But the charity we give today, whether to poor people or to the synagogue, has the status of an hedyot (ordinary person). Eighteen dollars to the synagogue is not hekdesh. Eighteen dollars is for a tzorech mitzvah (mitzvah need), so I can discuss it. Since all of these are needs of a mitzvah, there is no transfer from one domain to another on Shabbat. “Hotza’ah” (carrying out)—what is the problem? Someone says, “Hotza’ah.” No, it is like a transaction: you are transacting, mekach umimkar (business transactions). But this is merely speech about a mitzvah. Therefore, every neder (vow), and vows for a mitzvah, are permitted on Shabbat.
Perhaps it is even permitted to bring an item to the gabbai (synagogue attendant) to receive on Shabbat. That is why you might want to give something to the gabbai. You come in on Shabbat morning with something in your coat and say, “I want to give you this for the synagogue; it’s a pointer for the Sefer Torah (Torah scroll),” or you have donated a physical item. That is also okay, because presumably you donated it before Shabbat, on erev Shabbat (Sabbath eve). You presumably donated it from before Shabbat; you donated it when you bought it at the store and said, “This is for the synagogue.” So you are not giving it to the synagogue on Shabbat; presumably, you gave it beforehand. Nevertheless, it is better not to hand it to the gabbai on Shabbat. It is better to give it before Shabbat.
It is also permitted to look into tzorchei rabim (public needs) on Shabbat, because there is no greater cheftzei shamayim than that. Tzorchei rabim—public works—are considered God’s business. But when the matters concern human affairs, such as the community’s parnasot (livelihoods), or bikur cholim (visiting the sick), you are dealing with community needs. It may not be the mitzvah itself, but you are dealing with the needs of the community, and that is enough. The same goes for hasagot gevulim (encroaching on boundaries) and similar matters. If there are different boundaries in the community and people are encroaching on one another’s properties, these are matters that benefit the tzibur (community), and you may discuss them. All public needs are a great mitzvah.
Even though no shevut (rabbinic prohibition) was permitted for public needs, or even a shevut involving instructing a non-Jew, we do not have a general permission for public needs. If something is asur (forbidden), it is forbidden. We do not matir (permits) a derabbanan (rabbinic prohibition) because of public needs, even amirah le’akum (instruction to a non-Jew), although the Ittur (the Ittur) was lenient. We saw opinions that said one could be lenient with a shevut for a public need, but, generally speaking, we are not lenient about a shevut for public needs. But we are lenient about speech concerning public needs: tzorech rabim, dibur, yesh lehakel (for a public need, one may be lenient regarding speech).
Mihu, ordinary speech that is forbidden in one’s own affairs is considered a heavenly matter because of “vedaber davar” (speaking words). That is, it is a cheftzei shamayim. You may discuss these matters and make arrangements through speech alone.
It is also permitted to arrange shiduchim (matchmaking) for a young man and a young woman, even on Shabbat, through speech alone. You can set up a boy and a girl on Shabbat. You can tell someone, “There’s a good girl over there. Which school did she attend?” You may arrange the match on Shabbat because this is a mitzvah matter.
You can also speak with a melamed (teacher) about teaching a child a sefer. For example, you see Rabbi Sananes, a talmid chacham (Torah scholar), and ask, “Are you available Wednesday nights to teach my son for his Bar Mitzvah?” Are you hiring him on Shabbat? It is permitted because it is a mitzvah need. Not to hire him, but to speak with him about learning with your son. The same applies to a craft. He is a carpenter, and you say, “I heard you have a carpentry school. My son wants to learn carpentry.” You have a mitzvah to teach your child a umanut (trade or craft), so you may discuss it on Shabbat. “And get him a job?” Right, get him a job.
“Ve’i im ein lo umanut, ya’asok begezel” (If he has no trade, he will engage in theft). If he has no trade, the child is going to become a thief. This, too, is a mitzvah need. It is specifically permitted to speak with someone if you want to hire a teacher or a craftsman, but it is forbidden to finalize an agreement by means of a kinyan (acquisition). You should not make a kinyan with the person, shake his hand, or lift a handkerchief to effect an acquisition. You can ask, “Are you available Wednesday night?” and say, “We’ll talk after Shabbat,” just to make sure the conversation continues. But it is also forbidden to mention the amount of the transaction. Don’t say how much you are charging per hour or how you will pay. Just say, “Listen, I need you Wednesday night.” “I’ll make myself available. What do you need?” “I need you to teach my child the weekly Torah portion and how to do whatever else.” Not tennis, but carpentry.
Rema (Rabbi Moshe Isserles) writes: “Yesh omrim shebimkom shenohagim liten lakoreh baTorah mi sheberach (the one who blessed) venoder litzedakah o lachazan” (Some say that where it is customary to give the Torah reader a blessing and pledge charity or give to the cantor). As we do, the person gets called up to the Torah and makes a donation to charity or to the cantor. They give to the cantor? They still do it in some synagogues. It is forbidden to specify on Shabbat how much one will give. So if you are giving to charity, you should not say how much you are going to give. But in any case, people have been lenient, and the custom is to specify the amount for charity. That is charity. You do not have to say “the gift of his hand”; you can say “Chai” or give a number. Why? Because, as we learned, it is a mitzvah need.
That is to say, it is not like a business transaction in which one pays such-and-such for the aliyah (Torah honor). It is charity, plain and simple. It is not as though you are buying the Torah honor, as we learned the other day. You are donating money to the synagogue. Whoever donates the most money is given the honor in return, but it is not considered that you are buying something. The honor of going up to the Torah is a kind of charity. Giving charity is permitted, even if the person receiving it is rich. Even if the cantor is rich, it is permitted. He is receiving the money in connection with a mitzvah because you are paying him for his service for the tefillah. Because you had hana’ah from the tefillah, it is considered tzedakah-like.
In a place where they sell the mitzvot, some object because it seems exactly like a business transaction: one gives an amount, and another offers more. Some people are hesitant to permit buying Torah honors on a holiday or Shabbat. The response is that it is not buying; it is donating charity to the synagogue, and the person who gives the most is given the honor as a courtesy.
Another way to understand it is that the person is saying, “If I merit this Torah honor, I will give such-and-such to charity.” The other person says, “I’ll give the synagogue more if you give me the honor.” Some of the early chasidim (pious people) had the custom of paying the amount they had pledged to the synagogue, even if someone else outbid them and received the honor, because they considered it a vow. They thought that although they had said, “I’ll give $5,000 if I get the honor,” they had made a verbal commitment to charity and did not want to play games. Imagine collecting all the bids—not just the person arranging the bidding, but everyone’s bids—until you reached $10,000, including all the people in between.
But that is not the halachah (Jewish law). We’re not going to tell the people that, but that’s not the halachah. A person makes a conditional vow: “I’ll give this charity if I get the honor.” He did not stipulate that he would give the charity unconditionally. “If you give me the honor, I’ll give this money to the synagogue.” Can one make a vow regarding charity? “Minhag Yisrael Torah” (the custom of Israel is Torah), and one should not question this custom at all.
It is clear that selling seats in the synagogue is forbidden on Shabbat and holidays. There, you are receiving something with value: you are paying for a seat. The same reasoning does not seem to work if you say, “If you give me the seat, I’ll donate $10,000 to the synagogue.” That is an actual business transaction, because you are getting a place to sit. But other mitzvot, such as lifting the Torah, rolling it, opening the Ark, and wine for Kiddush (Sabbath sanctification) and Havdalah (separation ceremony), and similar things, are simply charity. You can make those donations on Shabbat; it is not a problem of business transactions.
What about dedications? I don’t know whether you are buying the chandelier. The chandelier is already there; it has already been bought. If you say, “Put my name on it and I’ll give this amount,” that may be different. You are not buying the item. The chandelier is already being used by everyone. You could say, “I want to pay the electric bill,” and receive a Torah honor; you are donating toward the synagogue’s electric or gas bill for the next six months. That is permitted as a mitzvah need.
Rambam (Maimonides) writes, in chapter 23, law 12: “Vechein asur liknot velimkor velischor ulehaskir, gezeirah (rabbinic decree) shema yichtov” (It is also forbidden to buy, sell, rent, or lease, lest one write). We now have a different issue: buying and selling, renting and leasing, are forbidden as a decree lest one write. Is that the entire decree concerning business transactions on Shabbat? Why can’t a person go to his store on Shabbat? Suppose he walks there, does not take the train or do anything else, opens the store with an eruv and the key, and customers come in. They ask to buy an item, and he says, “I’ll pay you after Shabbat. Take the item and see me after Shabbat.” What is the problem? Some say that it is an issur de’oraita (Torah-level prohibition). No. The whole prohibition is that one might come to write down how much was taken and what the account is. There is no Torah-level prohibition of business transactions in itself; the concern is that one might write records. A loan or borrowed item might also lead someone to write down what he owes.
What is worse: business transactions or borer (selecting), separating peanuts from almonds? Rambam says the whole decree is “lest one write.” But I don’t know why that is needed. We are learning this whole section, and it tells us “mimtzo cheftzecha” (seeking your own affairs and speaking words), that you cannot attend to your own needs on Shabbat. Why did Rambam need to establish a whole new decree, lest one write? The verse says that you cannot speak about what you are going to do tomorrow and so on. Can you sell items on Shabbat? Isn’t the verse about speaking?
The verse says two things: “mimtzo cheftzecha vedaber davar” (seeking your own affairs and speaking words). Look at what he is going to say: if speech is forbidden in this matter, all the more so the actual act. Tosafot also wrote this there, and it is explained at the beginning of section Shin-Zayin. Rashi also has a discussion of business transactions here. Rashi says that business transactions are forbidden by the verse, “mimtzo cheftzecha vedaber davar.” But Rashi also gives another reason: business transactions may lead to ketivah (writing) of bills of sale.
If you ask whether that makes it a decree upon a decree—the decree is that you cannot go to work, and the reason you cannot go to work is that you might write—he says it is one decree. Perhaps the additional reason is being given in addition to “mimtzo cheftzecha.” There may be two reasons: the real reason you cannot go to work on Shabbat is “mimtzo cheftzecha,” and the second reason, writing, is an addition.
A matanah (gift) is considered like a business transaction because it moves from one reshut (domain) to another, and it is forbidden on Shabbat. Think about this, everyone: Mother’s Day, birthdays, anniversaries, Friday nights. You want to give your wife a piece of jewelry on Shabbat—what do you do? You may need to make the transfer the day before. Or perhaps you could say it is a mitzvah matter; I don’t know if that counts as a mitzvah matter. A gift for a mitzvah need, such as a gift for Shabbat, is permitted. For example, a rabbi might give a book, such as Minchat Shai or a tefillah book, to a Bar Mitzvah boy, or a synagogue might have a custom of giving a gift to a chatan (groom). Perhaps there is room to be lenient when it is for a mitzvah need.
Even with a mitzvah matter, buying and selling is certainly forbidden. We were lenient only about speech for a mitzvah need; we did not permit buying and selling for a mitzvah need. But a gift is not really the same as a business transaction. With a gift, the principle of attending to one’s own affairs does not apply in quite the same way: you are not trying to make a profit, but giving it out of love. That is a good explanation. With a business transaction, you gain something. With a gift, I am not profiting; I am giving it to you out of ahavah (love), for shalom bayit (domestic harmony) or for some other reason. I am not getting something back for the gift. So it does not have the same character as a business transaction, and there may be more room to be lenient about giving a gift on Shabbat.
But where do you draw the line? When you invite someone for lunch, are you giving him a gift of food? Maybe he is just eating your food. “HaRachaman yevarech ba'al habayit hazeh”—doesn’t that bless the host for the food? I did not transfer ownership of the food; I am letting you eat it. If the person starts packing it up to take home, that is different. When I invite someone to my house, the food is not his. I am letting him eat my food. I hear you, Rabbi, but I am not giving him a gift. Here, though, I am giving the person an actual book: “Here, take the book home after Shabbat.”
Some synagogues give out toys in raffles to children on Shabbat. A child gets a water gun or something else. What do you do with that? It could be a problem. What is the mitzvah need there? Getting the children to come to synagogue? It is not a gift; it is a bribe. Still, assuming the toy belongs to the synagogue or congregation, it belongs to the youth minyan; you cannot simply go into a closet and take one. You cannot do anything with it as though it were yours. Perhaps you could say that getting the child to come to synagogue is a mitzvah need. But is the toy muktzeh (a set-aside object)? Assuming it is not, how will the child get it home? He can come after Shabbat. Perhaps there is room to be lenient in cases like this. I have seen it, although I am not too happy about it. I don’t think it is the right chinuch (education).
The Gemara does say that a person may not give a gift unless he receives some benefit from it. That could make every gift resemble a business transaction, since you do not give for nothing. But in any case, le'arvicha, but it is not le'arvicha. You did me a favor, so I do you a favor; it is not le'arvicha, and I am not making money on a matanah. More or less, it is mostly ahavah. Like you said, it is reciprocal: he gave me something, I’ll send something back; he’s going to send me something. It’s different mechanics. What about when you buy a guy an aliyah and then he buys you an aliyah? We said aliyot are okay, but a matanah may have the status of mekach umimkar.
A gift is not like hekdesh, which is forbidden to consecrate on Shabbat. What is needed that day is permitted. The Gemara explains that it is permitted to consecrate a person’s Pesach offering on Shabbat and to bring his festival offering on the day. A mitzvah need for that day is no problem. And the concern that one might write does not apply to a gift. One might write in a business transaction how much was taken and how much is owed, but one is not going to write in the case of a gift. That would be taking the decree too far, so we do not worry about it. Writing in a ledger is specifically an issue in business dealings.
Some ask about giving gifts to a groom on Shabbat. In truth, there is no prohibition, because it is considered a mitzvah matter: it is a mitzvah to bring joy to a groom and kallah (bride). It is also needed that day. The custom is to make a feast on the first Shabbat after the wedding, which is a time of joy for the groom and bride. That is when everyone comes to synagogue for them. When else will you give the gift, two weeks later? If the family comes to synagogue for the Bar Mitzvah boy that Shabbat, that is the day to give it, not Tuesday night when nobody is there.
When the custom is to give a gift on the day of celebration, that is also permitted. It is certainly the time of joy for the groom and bride, and it is permitted to gladden them with gifts. That is the custom. Even the groom gives the bride a gift on Shabbat, at the Shabbat of the sheva berachot (seven wedding blessings). It is permitted; that is the day gifts are given. “Ve'ein bazeh gezerah dehaskhat.” The custom of Israel is Torah. Perhaps we can also be lenient about anniversaries and birthdays when they fall on Shabbat. Maybe that is our custom too: we give gifts on birthdays, and perhaps that is acceptable when the birthday falls on Shabbat. It is the time, and perhaps there is a mitzvah of domestic harmony. We will have to see.
Rambam writes further: “Hamocher bemecher o bimesirah asur, bein bemoznayim bein shelo bemoznayim” (Selling by measure or by delivery is forbidden, whether with scales or without scales). It is forbidden to weigh, count, or measure things on Shabbat. What about scales? Can you weigh yourself on Shabbat, weigh food, or take out a tape measure to measure something you need to know? A measurement for a mitzvah is permitted. On the night of Pesach that falls on Shabbat, you might measure the matzah to know how much a kezayit (olive-sized portion) is. You might put it on a food scale and see that it is 30 grams, or whatever it is. That is permitted because it is a mitzvah measurement. Or you may measure a revi’it (a traditional volume measure) for the four cups. You can use a measuring cup to determine how much it holds—3 oz, 3.2, whatever it may be. That is permitted. But measuring for cooking is not a mitzvah need. You do not need to measure how much salt to put in a salad; put in a pinch.
We had a question the other day about measuring time. What about an hourglass? I had that question in a hotel on Shabbat. There was an hourglass in the hotel, in the bed; perhaps we brought it, perhaps it was there. I wondered whether you could turn it over on Shabbat. When you were in Hisgavon, we had this question. You cannot use an hourglass. Then we came to the question of measuring time with a clock. Can you measure time on a clock? Why would you measure the time on a clock? To see how long the chazan takes from... Can you look at your watch on Shabbat? Yes. There is no problem looking at your watch. Here you are actually using the measuring device: the sand is flowing down.
Chacham Gidon raised a question about those sugar dispensers that release exactly a tablespoon or teaspoon. There was one in the coffee room that was set up to release a teaspoon or a teaspoon and a half. He saw it and asked about it. They discussed it back and forth. He claimed that it was measuring. What about medicine for children—do you measure it? What about using a small cup because you want a little juice, not a tall glass? You are not measuring eight ounces; you are pouring into a cup. If you want about that amount, you are not measuring. But if you care exactly how much comes out, that is different. If someone needs eight ounces of something and takes an eight-ounce cup and fills it, that is exact measuring. If you put cumin into a dish and are measuring because it is an ingredient, that is different from just pouring some in. Is having sugar in your coffee a mitzvah? It should taste sweet. Mah matok hadin? Matok hadin, okay.
The text gives the example of measuring the size of a hole to see whether it has an opening of a tefach (handbreadth). You are not measuring a young man; you are measuring a hole. In the case of tum’ah (ritual impurity), if there is a hole in the wall, you want to know whether the impurity will pass through. You take out a measuring stick on Shabbat to see whether the hole is less than a tefach, in which case it is a chatzitzah, or more than a tefach, in which case the impurity goes through. That is a mitzvah need, concerning the transmission of impurity.
The same applies to a mikveh (ritual bath). If the water is up to a certain level, there are 40 se’ah (traditional volume measures) in the mikveh. Someone may want to measure the mikveh to see whether the water is at the required line. That is permitted. It is even permitted to measure a belt belonging to a sick person as an segulah (auspicious remedy) that people have accepted, in the hope that he will recover. That, too, is a mitzvah measurement.
In Choshen Mishpat (Civil Law), section Ayin-Gimmel, se'if Yud-Tet, it is explained that if someone owed money to another person and swore that he would pay on a particular date, and that date falls on Shabbat, he must give mashkon (collateral) on Shabbat if he did not pay beforehand. This is Joey’s case. Suppose I promise to pay you on the fifteenth of the month, and the fifteenth falls on Shabbat. If you demand payment that day, and I cannot pay the money, I may give you my watch as collateral—for example, if I owe you 5,000, the watch is assessed at about 5,000. You make a shuma (valuation) of the watch, because without an assessment there is no repayment.
This applies when the creditor demands his money. If he does nothing and says, “It’s Shabbat; leave it. I’ll deal with it Sunday,” that is different. But if he says, “You said the fifteenth. Pay up,” the debtor must give the watch because the shevu'ah (oath) takes effect. Even though the creditor is acting in a prohibited way by demanding payment on Shabbat, once he demands it, the oath takes effect, and the debtor must fulfill his word. If the creditor does not demand it, the debtor has not violated the oath. That is a novel point.
Some say that the valuation and measurement are still forbidden on Shabbat. In my humble opinion, that is not correct, because a measurement for a mitzvah is permitted. What is the mitzvah measurement here? Keeping an oath. It is a mitzvah to keep one’s word. The same applies to a mitzvah valuation; it is a great mitzvah to fulfill one’s oath.
But perhaps there is no remedy if the person swore to pay cash and does not want to give the watch. When the creditor demands the money on Shabbat, how can the debtor pay him? Money is muktzeh. Could you handle money to get out of an oath? I have a bag with $10,000 in cash and want to pick it up and give it to the person. What am I violating by picking up the cash? Muktzeh. But it would get me out of a shevu'ah de'oraita (Torah-level oath). This is a good question. What about aseh docheh lo ta'aseh (a positive command overrides a prohibition)? It is a shevu'at Hashem (an oath to Hashem). The oath is “Motza sefatecha tishmor” (Guard what your lips utter) and “kechol hayotzeh mipiv ta'aseh” (Do all that leaves his mouth). It is a mitzvah against a rabbinic prohibition; should one push away muktzeh, a lighter prohibition, to avoid a more serious one? No, they did not permit that. Muktzeh is a serious matter.
One suggestion is to put the money in a room, transfer the room to the creditor, and let him acquire the money through the room as a chatzer (enclosed courtyard). That way the money is not handled directly, but the transfer is still accomplished through speech for this need. Another suggestion is to have a non-Jew give the money to the creditor. But how will the creditor accept the money? The non-Jew could leave it in the creditor’s house.
It is certainly better to have a non-Jew make any assessment of the collateral. If the assessment does not have to be made by a Jew, it is better that a non-Jew do it. If someone has collateral from a non-Jew and comes to exchange it on Shabbat, that is permitted provided the non-Jew takes the original collateral out by wearing it; otherwise it is forbidden. We will see what that means in Shin-Chaf-Vav.
It is permitted to discuss the needs of a bride and the needs of the deceased on Shabbat. There is no connection between the two. You may discuss the wedding preparations for the bride or, God forbid, matters concerning the deceased. That is speech for a mitzvah, and it is specifically speech that is for their own needs.
But it is forbidden to tell a non-Jew to go beyond the techum (Sabbath boundary) on Shabbat to the bride’s relatives so they can come to the celebration. You cannot tell a non-Jew on Shabbat to go to the bride’s relatives and bring them so they can attend the celebration. As for the relatives of the deceased coming to eulogize him, since that concerns only their honor, it is not permitted. It has to be something directly needed for them, not merely a matter of honor.
However, if a sick person says, “Send for my relatives,” and he is dangerously ill, they are obligated to send a non-Jew to bring them, even beyond the techum. It is even permitted to hire a non-Jew on Shabbat. We are concerned that the sick person’s mind may become distressed if his words are not fulfilled; he might die if his relatives are not brought, so this is like piku'ach nefesh (preserving human life). Many laws concerning acquisitions were established because of the needs of the sick person, as explained in Choshen Mishpat, section Resh-Nun.
We had a case here that we need to analyze. Jimmy Sitt came to me on Shabbat two or three weeks ago, just before Shabbat, while we were praying Shir HaShirim (Song of Songs). He said, “Chacham, I have an urgent question. They just found out that my father-in-law is very ill. Rav Halpert (Rabbi Halpert), alav hashalom (peace be upon him), is a great tzaddik (righteous person). He is very ill, and all the family is there. We want to know whether we can get into an Uber to be with them. It is imminent, and my wife wants to be there with her father.”
I asked, “What, you want to get into an Uber before Shabbat and be in the Uber on Shabbat?” The payment might be by credit card, and there might be a rabbinic prohibition involved. You would be going beyond the techum, and there might be an instruction to a non-Jew, although you are arranging it before Shabbat. I did not know of a leniency. What is the benefit of going? Just to be there? Sentiment? Is it a case of a met mitzvah (unclaimed dead person)? No, he is not a met mitzvah; there were people there. I did not understand the question, so I told them, “I can’t answer this. Go ask Rabbi Maxie in Keter; he’s right down the block.”
He passed away. Rabbi Maxie told them to go. What was his reason? He said, “What do you mean? They need you to make decisions. He’s still alive. The doctors may pull the plug, and you need to be there to help.” Even though people were there, perhaps the more people there, the more advice they could give. That was the permission he gave them.
In any case, if a Jew himself would perform a shevut, it is not permitted, because this is not refu'ah (medical treatment) but only a concern. Therefore, in a case where it is necessary to act, we are concerned about this, but not about a full prohibition. It seems to me that if the doctor says there is danger if his instructions are not followed, then he is like any sick person whose life is in danger. See section Shin-Kaf-Chet.
Now let’s open the Mishnah Berurah. We got up to Yud-Alef, and we need to get to Shin-Zayin. We are at Shin-Vav. We got to Vav, so we need Vav, Zayin, Tet, and Yud.
The Mishnah Berurah explains cheftzei shamayim from the verse, “Im tashiv mishabbat raglekha mimtzo cheftzecha” (If you restrain your foot on Shabbat from pursuing your affairs). They expound: your own affairs are forbidden, but heavenly matters are permitted. You may calculate what is needed for a mitzvah meal. You may pledge charity for poor people or the synagogue, and donate an item to the synagogue. People are accustomed to be lenient about that.
Even though we say one may not make valuations or consecrate property on Shabbat, that applies specifically to consecrated property or the upkeep of the Temple. Our consecrated property is permitted; it is not actually hekdesh. The name of the Temple does not apply to these things; they are ordinary property. Nevertheless, ideally, when consecrating an item for a Shabbat need, such as a Torah scroll or a mantle for a Torah scroll, one should consecrate it verbally before Shabbat. That is best. If you are bringing it to the synagogue on Shabbat, you are only publicizing it; you actually donated it before Shabbat. If you plan to donate a physical item to the synagogue, make the dedication verbally before Shabbat, and on Shabbat simply announce it.
Specifying an amount of money for charity, but not designating an item from one's hand, is permitted even initially on Shabbat. The reason consecrated property is forbidden is that it involves a business transaction, transferring from one domain to another. That does not apply to money for charity in this way. The same applies if someone does not designate a particular item on Shabbat but simply says, “I am donating a Torah scroll.” Even if he has it at home, everyone agrees that this is permitted, because he has not yet transferred it from his domain; he has not specifically designated the item.
Regarding public needs, one may investigate and look into them when they concern mitzvah needs. It is even permitted to go to theaters where non-Jews gather in order to address public needs. If there is an important meeting to discuss a public need, you can go and talk with them. It could be a town hall meeting about water or some other public matter. But the authorities wrote that they did not permit instructing non-Jews to perform labor, or rabbinic prohibitions, for public affairs. What was permitted was investigation and discussion, without actual labor.
Perhaps that is why government officials can come to the synagogue. The police commissioner might come to Deal during the first week of the summer to explain the parking and speeding rules. Why are we listening to him speak on Shabbat? It is a public need; we need to know the rules. I vaguely remember that in one of the Ashkenazi communities, perhaps Monsey or Baltimore, President Obama, Clinton, or someone else was going to a prominent community activist’s home shortly before Shabbat. It became a controversy. I don’t know what they were concerned about. If it had been on Shabbat, perhaps it would have been a case of public needs. I think they were concerned that he was coming to collect money, though.
For arranging a match, the text means arranging matches for children. Regarding a trade, the child is also involved in a mitzvah: if he has no trade, he may engage in theft. But you are not allowed to discuss the price. The Rema writes: “Veyesh omrim debimkom shenohagim liten lakoreh baTorah mi sheberach venoder litzedakah o lachazan de’asur beShabbat lifsok kamah yiten” (Some say that where it is customary to give a Torah reader a blessing and pledge charity or give to the cantor, it is forbidden on Shabbat to specify how much one will give). The custom is to be lenient. We just said that it is permitted to pledge charity, so why should this be worse?
The Mishnah Berurah explains that pledging charity is permitted even if the cantor is wealthy. Since the money is given so that he will lead the prayers, it is a mitzvah need. As we said in the Aruch HaShulchan, even if the cantor is rich, this is permitted because it is payment for his service leading the prayers.
There are authorities who prohibit and authorities who permit the sale of seats in the synagogue, because a business transaction applies to something acquired. A Torah honor is not a transferable object. When the concern does not apply, there is no need to protest. The purchase of seats in the synagogue is also discussed. So is the purchase of etrogim from the congregation after they have finished being used for the mitzvah and are bought for eating. If the etrogim are sold to make preserves, that is a sale. Selling them for the right to smell them is forbidden according to everyone. The same applies to selling a shofar or an etrog on a holiday.
“Ven'ami mekach umimkar af befeh echad be'elef sha'ah asur.” It is also forbidden to give a gift to another person, because it resembles a business transaction: the item leaves one domain. But a gift is permitted when it is needed for Shabbat or a holiday, or for a mitzvah need. It is also forbidden to give collateral to another person unless it is needed for a mitzvah or for Shabbat. According to this, the custom of giving utensils as gifts to a groom who is speaking at the Torah reading is not proper. However, perhaps giving him some money is permitted.
The Mishnah Berurah does not like it, and the Aruch HaShulchan said it is okay as a mitzvah need. We need to see what Rav Ovadia says about this. Bring the books, including Chacham Ben Tzion’s. Let’s go slowly, one law at a time. We’ll see whether he discusses charity. There is a section on speech on Shabbat and on carrying, and a lot about non-Jews and measuring. First, let’s look at the next law.
It is permitted to measure on Shabbat when it is a mitzvah measurement, such as measuring whether a mikveh contains 40 se’ah, or measuring the belt of someone who is sick as a customary segulah. That was the case of measuring a sick person’s belt. Why is it permitted? It is a mitzvah measurement. Although a shevut is not generally permitted even for a mitzvah, measuring is not such a serious prohibition, so there is room to be lenient.
The same applies to measuring a hole in a wall to determine whether it has an opening of a tefach, which affects the passage of ritual impurity. It is also permitted to measure in order to determine whether there is enough of an ingredient to nullify a prohibition in sixty parts. Milk fell into meat, or into kibbeh chamdah, and you want to know whether there is a sixty-to-one ratio. You can measure to determine whether the prohibition is nullified in sixty parts, because that is a mitzvah need. Why is medical treatment relevant? They are lenient about medical treatment; it is a need. No! If there is danger to life, you can drive him to the hospital. A dangerously ill person can be driven to the hospital. Is there room to be lenient for a sick person? Let's do the measurement.
It is forbidden to weigh on Shabbat, whether using a scale made for weighing or another kind of scale. A person may not weigh himself, and certainly may not use an electric scale. One may not measure one’s height on Shabbat or stand under a marked column to see one’s height.
It is permitted for a sick person to take his temperature on Shabbat, even if he is not dangerously ill and has not taken to his bed; there is no prohibition of measuring in this. It is also permitted to shake down the mercury in a thermometer. There is no prohibition of repairing an instrument. But it is forbidden to use a thermometer that works by electric power. Measuring blood pressure is also permitted when there is a reason to know it, because medical treatment of the body is a mitzvah. Can you use an electric blood-pressure monitor, or do you use the regular one with the pump? That is attached, right?
It is permitted to walk on Shabbat while counting one’s steps. A person who walks and counts his steps may calculate the approximate distance from the number of steps. I sometimes count my steps because I want to know how much I walk. If I am walking from my mother’s house home, I may want to know how many steps it is. The Mishnah Berurah goes even further: you may count the steps and calculate the approximate distance—for example, “I took 2,000 steps; that’s about a mile”—if you need to know it on Shabbat. If you do not need to know, there is no reason to do it. You can give the children something to keep them amused.
It is also permitted to determine whether bread contains the required amount, such as a kezayit or an egg-sized portion. You may measure a cup to see whether it holds a revi’it. The text gives the measurement as 81 grams. You can pour from your Kiddush cup into a measuring cup to see how much it holds.
If a sick person who is not dangerously ill has been told by his doctor not to eat more than a hundred grams, ideally he should weigh and measure the food before Shabbat. If he did not do so, he may weigh it on Shabbat, as long as he does not use an electric device. A dangerously ill person who needs to eat on Yom Kippur and wants to eat less than the shi'ur may measure that amount. If food is prepared on Shabbat for a baby and one needs to know how much the baby eats, it is permitted to weigh or measure it. It is also permitted to measure using a baby’s bottle marked with measurements. Even in these cases, if possible, one should act be'omed hada'at (by estimation) rather than measure exactly. If a prohibition falls into permitted food on Shabbat, it is permitted to measure whether there is enough food to nullify it in sixty parts. There is no prohibition of measuring in that case.
So measuring your height or weight for no particular reason is not permitted. If there is a need, that is different. Measuring medicine is certainly permitted when there is a reason. We have many examples involving medical treatment, but the point is that measuring itself is a light prohibition, and the authorities are lenient in these cases. Measuring height is not permitted, but measuring body temperature or blood pressure when needed is permitted.
Here is another question: women may want to measure their temperature to track ovulation, since their temperature rises. There are systems that measure a woman’s temperature every day to determine when she is ovulating. Is that a problem of zera levatalah (wasted seed)? The Tzitz Eliezer (Tzitz Eliezer) permits measuring temperature to know the safe days of a woman’s cycle, so that, with Hashem’s help, she can become pregnant. I also heard from HaGrashaz Oyerbach that taking pills to prevent pregnancy is not considered medical treatment, though that is a separate question. The books do not seem to indicate that it is so, and it requires further study. But the bottom line is that the Tzitz Eliezer permitted taking her temperature to know exactly when she is fertile.
Okay, we'll stop here. Baruch Hashem le’olam, amen ve’amen. So let's go to the...
He says that someone who is dieting, and measuring only for the diet rather than for medical treatment, should not weigh food on Shabbat. Eat by estimation; don’t start measuring, “This is 42 grams.” Could you ask a non-Jew to do it? We still have to look into that. Those are good questions. We’ll continue with measuring in the daily halachah.