Question:
Thank you for this great website.
I have a question regarding amira l’yisroel on Shabbos. What is the guideline of when one could ask another jew to do something they don’t do on Shabbos? For example, if I doesn’t open up soda bottles, could I ask another jew who does open it up to open the soda bottle? Is there a difference if my rov holds that it is assur like Rav Moshe and the Chazzon Ish or if my Rov tells me there is a question of boneh, asiyas pesach, makeh b’patish, and mechateich and there are those say it is an issur de’orisa. And even though there are poskim who are meikel, you should open up soda bottles before shabbos to avoid this huge macholkes. Meaning the rov himself doesn’t hold that it is assur. He is just machmir so when I don’t open up bottles, I am doing it because of a chumra, so maybe I could ask someone who does open it to open it for me. Is there a difference if I don’t do something because he went through the sugya and holds it is assur gamur or if he says there is a machlokes between the poskim of our generation and it is better to be machmir? Or maybe, even if my Rov holds that it is a assur gamur, I never went through the sugya or learned siman 314 who am I to say that I hold it is assur? I am only not opening bottles because of there is a mitzva to listen to the chachmim, but I can’t say that I truly say that I hold it is assur.
What is the rule of when I could ask another yid to do something I don’t do?
Thank you!
Answer:
You are asking a very good question. It is controversial if someone that holds that a certain action is forbidden to do, if he is allowed to give it to someone who holds that it is permitted to do. There are poskim that forbid it, however most poskim say that it is permitted. The idea that you are mentioning, that there is a difference between a person that learned the sugya and he holds that it is absolutely assur, that it would be lifnei iver and a person that is abstaining from opening the bottle because it is a machlokes, or because this is their minhag; R’ S.Z. Auerbach zt”l (Minchas Shlomo 2-35(17) says such an idea.
Sources:
Shut Mabit 1-21, Kasav Sofer Y:D 77, Maharam Shick O:CH 134, Igros Moshe O:CH 1-186, Emes L’yackov, Y:D Siman 115 ftnt 45, Avnei Yoshpe 4-88 in the name of R’ Vozner zt”l, Tesuvos Vhanhagos 1-234, Lifnei Iver (Adler) 11-2.
Machmirim- riva 1-17, Shar Hamelech Eishus 9-16 Kovetz Teshuvos 3-31.
