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Buying from Shops open on Shabbos

Is it permissible to buy during the week at a shop that is open on Shabbat?

Answer:

There is no prohibition on buying in a shop that is open on Shabbat. However, if there is a ready alternative, and buying there would not cause a significant loss, one should prefer a shop that is closed on Shabbat.

Sources: 

Sifra (Behar 3) teaches as follows: From where do we learn that when one sells one should sell only to one’s fellow (amitecha) – since it says “When you shall sell a sale to your fellow”. And from where do we learn that when one buys one should buy only from one’s fellow – since it says “or buy from the hand of your fellow”.

Although Rambam and Shulchan Aruch do not mention this halachah, it is however cited by Remo in his responsa (9), in which he discusses a case where a non-Jewish publisher rivalled a Jewish scholar and sold the same work at a substantially cheaper price. Despite the difference in price, Remo ruled – based on Sifra – that it was forbidden to buy the book from the non-Jewish publisher. The ruling is cited by several Poskim after him, and has yet earlier sources in the Rashbatz (3:151) and the Chinuch (337). Yet, it should be noted that the ruling does not imply an absolute obligation, but only a mitzvah and worthy practice (as implied by Shulchan Aruch, CM 175:41; see Ahavas Chesed chap. 5, note 12).

Rav Moshe Shternbuch (Teshuvos ve’Hanhagos 2:724) takes the ruling of Remo at face value, which implies that one is obliged to buy from a Jewish establishment even though there is a considerable discrepency in price. This is also implied by Chasam Sofer (CM 79, Pesachim 21b), and by Chikrei Lev (CM 139). Chafetz Chayim, however, in Ahavas Chessed (5:5-7 and note 9), cites the Sifra and the ruling of the Ramo, but states that as ‘simple’ that his ruling applies only to a small difference in price, and not when there is a great discrepancy. See Minchas Yitzchak (3:129), who gives the measure as one sixth, and Iggros Moshe (YD 3:93), who implies that the loss is not quantifiable in percentages, but rather that one is not obliged to incur any loss that is considered ‘significant’. This might depend on the wealth of the particular consumer.

Although the poskim in general discuss the question of buying from a Jew or a non-Jew, Minchas Yitzchak points out that the word amitecha generally applies to somebody who is “with you in Torah and mitzvos.” Therefore, one should likewise prefer an establishment that is closed on Shabbat, and whose owner is observant, to an establishment that is open on Shabbat.

Even without the consideration above, it is proper to support establishments that are closed on Shabbos, to encourage shops to close their gates on Shabbos.

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7 Comments

  1. What about a restaurant which operates on Shabbat but has a Hekhsher for weekdays only (using different utensils)?

    1. The same principles would apply. It is better to visit a restaurant that is closed on Shabbos, but if there are no other restaurants, or no other restaurants of the desired type, then it is permitted, provided of course that the hechsher is reliable (to my knowledge, a hechsher certificate is usually given only to restaurants that are closed on Shabbos).

  2. We have encountered several restaurants in the north which have such weekday hechshers.(Dag al Hadan)
    How can one trust them not to use food that was prepared on Shabbat during the week ?

    1. They would really not be trusted for this. For some dishes, I imagine one can tell that the foods were not prepared on Shabbat.

  3. Strange that there these places are given a Hekhsher.
    The website of the abovementioned says “Kosher”. It does not state that they are open on Shabbat.
    This can really makhshil.

  4. Is there a source that says that supporting only shomer mitzvos owners encourages other’s to be more observant?

    1. It isn’t because it encourages others to be observant, but because a large part of the reason that stores are open on shabbos is because they are afraid of losing business. If they see that there re numerous people that will buy by them specifically when they keep thier store closed on shabbos, this will encourage them to stay closed. As a side point the more stores that are closed on shabbos, the more it becomes an accepted thing to do.

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