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Translation:Shulchan Aruch/Orach Chaim/276

From Wikisource
Shulchan Aruch
by Yosef Karo, translated from Hebrew by Wikisource
Orach Chaim 276
2954398Shulchan Aruch — Orach Chaim 276WikisourceYosef Karo

276: Laws of a candle that a heathen lit on Shabbos. Contains 5 seifim.

1 A heathen that lit the candle for a Jew – it is forbidden for everyone, even for whom it was not lit for. Gloss: And there is no difference regarding this, whether he prearranged with him a salary or did not prearrange or whether he was hired per lighting or per day, for since the Jew is benefiting from the work itself on Shabbos, it is forbidden under every circumstance. [Hagahos Ashiri, first chapter of Shabbat; and Beis Yosef in the name of Smag and Book of the Heave-Offering]. However, if he lit it for his own need or for the need of a Jew who is ill, even if he is not life endangered, gloss: or for the need of children, which is like an ill person who's not endangered [Mordechai, first chapter of Shabbat], every Jew may make use of its light. And the same rule applies for one who makes a bonfire for his own need or for the need of someone who is sick. And there are those that prohibit regarding a bonfire because we decree lest he will add for him. Gloss: Nevertheless, if a heathen did it in a Jew’s house on his own accord, the Jew does not need to leave, even though he is benefiting from the candle or from the fire. [Tur].

2 A Jew and a heathen that were reclining together and the heathen lit a candle – if a majority are heathens, one may benefit from its light. And if a majority are Jews, or even half-half, it is forbidden. And if there is proof that he's lighting it for the need of a heathen, for example – that we see that he's using its light, even if a majority are Jews, it is permitted. Gloss: There is an opinion that says that it is permitted to tell a heathen to light a candle for him for the Shabbos meal, as he holds that telling a heathen is permitted even regarding absolute work for the sake of a mitzvah, [Ra"n, end of Chapter "Rabbi Eliezer" of circumcision in the name of the Itur], that accordingly, many are accustomed to be lenient in the matter, to instruct a heathen to light candles for the need of a meal, especially for the meal of a wedding or circumcision, and nobody reprimands them. And one should be stringent when not extremely necessary because most of the decisors disagree with this opinion, and see below, Siman 307, Seif 5.

3 If one says to his servant or to his maidservant to go with him and they lit the candle, even though they also need it, it is not for the need of the heathen since the main part of the going is for the Jew. Gloss: And it is permitted to tell a heathen to go with him to take an already lit candle, because all that he's doing is moving the candle. (Rabbeinu Yerucham, Netiv 12 Chelek 2; and Hagahos Mordechai, first chapter of Shabbat; and Haggahot Maimuniyyot, Capter 10).

4 If there is a candle in a Jew's house and a heathen came and lit another candle, it is permitted to make use of its light as long as the first candle is burning. But after the first candle will go out, it is forbidden to make use of the second candle. And likewise, if he placed oil into a burning lamp, it is permitted to make use until the original oil will deplete. And after that, it is forbidden.
Gloss: And it is permitted to reproach a heathen who is about to light a candle or to add oil. (Tur)

5 In cold countries, it is permitted for a heathen to make a fire for the children, and the adults are permitted to warm themselves by it. And even for the adults it is permitted if it is extremely cold, as all are ill regarding the cold; and unlike those that are accustomed to be lenient even though it is not extremely cold on that day.