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When may a Jew instruct a non-Jew to perform prohibited labor on Shabbos (שבת)? The shiur analyzes Gittin 8b's case of purchasing land in Eretz Yisrael on Shabbos and uncovers a fundamental dispute among Rishonim. Rashi (רש"י), the Rambam (רמב"ם), and Tosafos (תוספות) disagree whether the heter extends to all mitzvos or is unique to Yishuv Eretz Yisrael, and whether the buyer may execute a kinyan himself or only instruct writing.
The shiur examines the Gemara (גמרא) in Gittin 8b that permits purchasing a house in Eretz Yisrael from a non-Jew on Shabbos (שבת). The basic text appears straightforward: one may instruct a non-Jew to write a deed (shtar) even on Shabbos due to the mitzvah (מצוה) of Yishuv Eretz Yisrael (settling the Land of Israel). However, the shiur reveals profound disagreement among the Rishonim about the scope and rationale of this heter. Rabbi Zweig begins by parsing Rashi (רש"י)'s position. According to Rashi's language, it appears the kinyan (acquisition) itself must occur before Shabbos, and only the writing of the shtar ra'aya (deed of proof) may be done on Shabbos through amira le'akum (instructing a non-Jew). Rashi writes "im loch minov kocham" suggesting the buyer already owns the property, and the non-Jew is leaving so there is urgency to obtain written documentation. This reading implies the kinyan itself may not be executed on Shabbos—only securing proof may be delegated to a non-Jew. The heter, according to this reading, is not because one is fulfilling the mitzvah of Yishuv Eretz Yisrael on Shabbos itself, but because allowing this practice encourages settlement generally. The buyer would not have purchased Friday if he knew he couldn't secure documentation when needed.
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Gittin 8b
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