Question:
My wife is working on hiring a new practitioner in her health clinic. Assuming the person she hires is a non-Jew, does she have to stipulate in the contract that the new hire is not able to work on Shobbos or Yom Tov? Is there a way that a Jew can be mishtataf with the non jew? For example, normally the fees would be split say 50/50. On yom tov, my wife would take 0. Or does the clinic have to be shut on Yom Tov no matter what?
-Thanks Y
Answer:
If the clinic is known that it is owned by a Jew, even if the Doctor will get 100% of the profit of that day it is still a problem because it still looks like the Jews business is open on Shabbos and Yom Tov. A Jew can be mistatef with a non Jew if the business is now opening up and this is the stipulation, and it was never known as a Jews business. However to do that would need a number of conditions and I would advise you to speak with a qualified Rov exactly how to make up such a contract. However that doesn’t seem to be the situation that you are dealing with.
Sources:
O:CH 243-1, 245-1.
