What arrangements need to be made if a Jew purchases a service station that operates seven days a week and employees all gentiles? Because the Jew is Shomer Shabbos can he transfer ownership of the business or the profits for Shabbos and Yom Tov to a gentile(s) while the Jew is absent?
Answer:
Provided the workers are non-Jews, the simplest solution will be the formation of a partnership with a non-Jew. If the partner is not one of the workers (on Shabbos), it follows that profits can be shared without further stipulations.
If it is convenient that one of the workers is the partner, this is also fine, provided that you don’t work on a specific day of the week corresponding to the work of the non-Jewish partner on Shabbos. This ruling is based on the Rema, and those from Ashkenaz background can rely on this ruling.
According to the Shulchan Aruch, however, one must make a stipulation that the profits of Shabbos go to the non-Jewish partner, and the corresponding income from another day goes to the Jewish partner.
If you prefer to avoid a partnership, and it is not public knowledge that the service station is under Jewish ownership, an arrangement can also be made whereby Shabbos profits are given to the non-Jewish workers. The workers can pay the Jewish owner in exchange for this right, but only if the “rental” of the service station extends beyond the day of Shabbos alone (based on Mishnah Berurah 245:8).
See also below.
Where non-Jewish workers other than the partner work on Shabbos, the matter of a partnership is lighter: see Magen Avraham 245:1 and Mishnah Berurah (1), and see Aruch Ha-Shulchan 245:11.
Where there are no non-Jewish workers, the Shulchan Aruch (245) requires a stipulation with the non-Jewish partner whereby the income for Shabbos goes to the non-Jew, and the corresponding income from another day is given to the Jewish partner. If the stipulation is made, it is permitted to eventually share the income evenly.
The Rema, however, is more lenient, and cites from the Ran (21a) who rules that where the Jewish partner does not take on a specific day of the week corresponding to Shabbos, it is permitted to share the income of Shabbos (from the non-Jew’s work).
This idea is ruled by the Sho’el U-Meishiv (1:3:55), and is relied on by a number of authorities (see Minchas Yitzchak 9:21; Shut Maharshag, Orach Chaim 45).
If the Jew is doing “extra work” in the weekdays, corresponding to his “taking Shabbos off,” the Rema is only lenient bedieved, and lechatchilah one must make the stipulation mentioned by the Shulchan Aruch.
