How does one pay for waiters that serve at a function on Shabbos?
The problem is that waiters usually serve the meal at a Shabbos lunch or
set the table for kiddush and they either charge by the hour or charge a
set fee. Whatever the case – the problem is s’char Shabbos.
What is the solution?
If
the waiters are gentiles it is not a problem at all because the issur
of s’char Shabbos is on the recipient
and a gentile may receive s’char Shabbos.
Last week we learned that a babysitter may receive global payment for
babysitting performed during the week and thus the babysitter may be
paid for Shabbos as well without mentioning Shabbos. Here too, the
waiters would either clean up after Shabbos or work before Shabbos and
be paid globally for the entire work.
Does the same apply to staying in a hotel or
renting rooms for Shabbos?
A
hotel is very different
in that the hotel generated expenses on your account, such as water,
cleaning, electricity, food etc. which must be paid for. As for paying
for the room itself, since one is paying for the other items we can say
that the room is included in the entire fee. Even better than that,
since the room is taken before Shabbos, one pays for the room 'b'habal'ah'.
May a chazzan or shofar blower receive money
for his mitzvos?
The difference
between a chazzan and a babysitter is that the chazzan is performing a
mitzvah. The Beis Yosef brings a machlokes Rishonim as to
whether one may receive s’char Shabbos for performing a mitzvah.
The reason for approval is because receiving s’char Shabbos is
only an issur d’rabanan and when involving a mitzvah Chazal
did not prohibit it. The reason for non-approval is because, after all,
one is receiving s’char Shabbos.
The Mechaber
writes
that one may not
receive s’char Shabbos for performing a mitzvah and then adds
that there is an opinion who permits it. The rule when learning the
Mechaber is that 'stam v'yaish omrim halacha k'stam' , which
means that when he writes the first opinion without mentioning who says
it and then he writes another opinion saying that “there are those…” the
halacha is in accordance with the first opinion, which would mean
it is forbidden.
The Rama adds
that when the chazzan is hired for the entire year there is no problem
because he is paid globally for chazzanus performed during the week as
well. If he only officiates on Shabbos and Yom Tov it will not help that
he is hired for the entire year.
The Mishna Berura
however writes
that the custom was to
hire the chazzan for the Shabbosos of the year.
As mentioned, since
there is a viable solution to pay him for work done during the week, it
is preferable to do so.
The same would apply
to a shofar blower. Although he only blows on Rosh Hashana, nevertheless
it is advisable to have him blow occasionally during Ellul and pay him
globally.
It is noteworthy
that even according to the lenient opinion one does not merit a sign of
b’racha from money received from Shabbos work (unless paid
globally).
Is a doctor permitted to receive money for
making a house call?
The Mishna Berura
says
that a midwife may
surely take s’char Shabbos for answering a call on Shabbos
because it is payment for the sake of saving a life.
A doctor and a nurse
are in the same category and they may also take s’char Shabbos
for making a house call.
Does a doctor see a siman b’racha from money
taken on Shabbos?
It would seem from
the Mishna Berura
that payment received
for healing a Jew is not part of the machlokes of s’char
Shabbos and therefore one would see a b’racha in the payment.
However, Rav Tzvi Pesach Frank says that receiving payment for healing
and for performing a mitzvah is on par with each other and even if one
is permitted to receive s’char Shabbos for healing, one will not
see a siman b’racha.
According to Rav
Chaim Brisker (mentioned in the previous sheet) it is permitted,
but as mentioned it is a machlokes haposkim.
