Halachic Analysis: Having a Goy Push Your Stroller on Shabbos

Rabbi Shlomo Segal, member of the Crown Heights Beis Din, addresses the following question: May one instruct a non-Jew on Shabbos to wheel a baby carriage in the street when the parents want to visit friends or family and eat the seudas Shabbos there or they wish to participate in a Bris, Bar Mitzva or something similar?

Answer:

The prohibition of instructing a non-Jew to do work for a Jew is explained in great length in the Alter Rebbe’s Shulchan Aruch in many different chapters including the comments in the footnotes.

Three reasons are given for this prohibition:

1) When a non-Jew does work for Jew, because he was instructed by him, it is considered as he is his shliach, emissary, and an emissary is considered as the person who has instructed him. Although, we do not use this principle according to Torah, unless it is an instance of one Jew doing a something for another Jew, still our sages have considered a non-Jew doing work for a Jew as a shlichus, serving as an emissary for the Jew.

2) There is an allusion to this prohibition on Shabbos and Yom Tov in the Torah (Shmos 12:16), “On Yom Tov work should not be done”, implying that even by someone else. If this prohibition is relevant on Yom Tov, it is surely effective also on Shabbos.

3) In order that Shabbos should not be lenient in the eyes of people and they might begin doing work themselves.

As result of the above mentioned three reasons, our sages have been very stringent in instructing a non-Jew to do work for a Jew on Shabbos and have instituted decrees.  1) Even when the non-Jew is doing the work on his own for a Jew, although the Jew did not transgress any prohibition, the Jew is not permitted to benefit from the work. This also applies to Motzoei Shabbos that one cannot benefit from this work until after the time duration of the work. For example if the job was done in one hour, the Jew cannot benefit from this job until an hour after Shabbos, because on another occasion, he might directly instruct the non-Jew to do this job for him (see Alter Rebbe’s Shulchan Aruch 243:2).

The Alter Rebbe also cited this concept in Hilchos Yom Tov (chapt. 515:1), “The same applies on Yom Tov that our sages have been concerned, that if they will allow one to benefit from a non-Jew’s job done on Yom Tov, immediately on Motzoei Yom Tov, he might instruct the non-Jew to do something for him on Yom Tov, in order to have it ready for Motzoei Yom Tov. In addition to the fact that instructing a non-Jew has become very casual and is considered lenient by people, therefore our sages have decreed  not to benefit from the jobs done until after the time duration of the work, in order one would not benefit from a job done on Yom Tov.

We also find that our sages have been stricter in this matter and even more than a prohibition of Torah as stated in Shulchan Aruch (chapt. 318:1), “Although when one cooks on Shabbos or does other mlochos, the food is permitted to be eaten by other people on Motzoei Shabbos, without waiting until after the time duration of the work, although it was cooked for these people, but regarding the instructing a non-Jew to do work for a Jew, if we would allow him to use it immediately on Motzoei Shabbos, there would be a suspicion that he might instruct the non-Jew to do the work on Shabbos in order in order that he would have it ready for Motzoei Shabbos. Therefore, our sages have decreed that even when the job is done for others, one should wait until after the time duration of the work.

This also applies in an instance of a Mitzva. In Shulchan Aruch (chapt. 306:5) is cited, “One is not allowed to do work through a non-Jew, even if it is for the sake of a Mitzva and he was instructed before Shabbos.

The same is cited in Shulchan Aruch (chapt. 331:8), “It is forbidden to take out a child from his house to the Bris in a shul. If it is through a karmelis, a specific domain, there are those who permit carrying the child, in order that a large crowd could attend.

Therefore, from all the above, it is obvious that instructing a non-Jew on Shabbos to wheel a child in a carriage through the street is forbidden and especially according to the Alter Rebbe in chapt. 325, where he wrote, “One should be stringent in our type of public domain. Although 600,000 people do not pass in it every day, it is considered a public domain from the Torah. And in a status of public domain, one cannot permit it even if it was for the sake of a Mitzva.”

Therefore one should alert people who figure that it is permitted they should refrain from doing so on Shabbos.

49 Comments

  • wheelchair

    I guess having a goy push a wheelchair to shul is under the same ruling.

  • Interesting

    last week I was in a very known Lubavitcher colony in Fallsburg NY. And I observed all “Chasidim” will and Cary themselves and the place was not fully gated or wired.
    When asked if someone did “Eruv Chatziros” the person reply he did not know what is Eruv Chatziros so he went to ask around if anyone did or know about that ???

  • Milhouse

    This also applies in an instance of a Mitzva. In Shulchan Aruch (chapt. 306:5) is cited, “One is not allowed to do work through a non-Jew, even if it is for the sake of a Mitzva and he was instructed before Shabbos.

    This is only if it’s a melocho de’oraisa. Carrying in a karmelis is derabonon. Also, if the baby is old enough to crawl then carrying him is only an issur derabonon. And therefore if it’s absolutely necessary for the performance of a mitzvah, one can ask a non-Jew to do it. But it has to be that the mitzvah will be impossible without it; not just that it won’t be as nice.

    For instance if the a/c is broken, and it’s so hot in the apartment that it’s completely impossible to have oneg shabbos there, and you want to move to a house with a/c, then you can have a non-Jew push the baby through a karmelis, or if she can crawl then even through a reshus horabim. But if it’s possible to have some degree of oneg shabbos at home, then it’s not allowed, even though at the air-conditioned house the oneg shabbos will be much better.

    As always, if you’re not sure whether this applies to your circumstances ask a rov.

  • Eiruv

    Yet another reason to have an Eiruv. People will carry, people will have their hired help push strollers. And now that they have been warned, the issur is greater. It seems like the leaders of this community would rather everyone stay at home on shabbos. Families have children and cannot go visit other homes with babies who can’t walk.

  • Milhouse

    the Alter Rebbe in chapt. 325, where he wrote, “One should be stringent in our type of public domain. Although 600,000 people do not pass in it every day, it is considered a public domain from the Torah. And in a status of public domain, one cannot permit it even if it was for the sake of a Mitzva.”

    Where are you quoting from? I’ve been through the siman three times and couldn’t find this. On the contrary in se’if 4 the Alter Rebbe says the opposite.

    The Alter Rebbe does not pasken that 600,000 are not necessary for a reshus horabim. He merely says one should be machmir for oneself. Lehalocho he paskens like the majority of rishonim that without 600,000 there is no reshus horabim.

    Also, even according to the minority of rishonim who don’t hold of the 600,000 requirement, Brooklyn is surrounded on three sides by a wall, albeit with breaches wider than 10 amos, and therefore it is a karmelis.

  • no eruv in CH

    There are plenty of places for people to live other than Crown Heights. The Rebbe gave brocos to locations outside of Crown Heights to have an Eruv but never for one in Crown Heights and for good reason.

    Crown Heights is the “Epicenter of Lubavitch” and it needs to spread forth Yiddishkeit to the world over. Many of the people that “want” and “push for” an Eruv in Crown Heights also want to be “modern Lubavitch” or better yet “enlightened Lubavitch”. While that is fine and good outside of Crown Heights it has no place within it. Take your kapotes and male rings and your Shaitels and short sleeves and go live anywhere, be “enlightened Lubavitchers” but do it where you are not poisoning the epicenter of Lubavitch.

    We need a sanctuary, somewhere we can show our children and our communities what a true Chossid is and should be, there is a reason why the Rebbe did not give an ok for an Eruv in Crown Heights and it might just be because he wanted a place of role models and not a place that needs Shluchim to be mekariv the new enlightened Lubavitcher child

    • Mike

      To#8 I agree 100%with u even though I’m a child and laid-back guy there’s a lot of stores and restaurants that require a certain dress code you don’t argue with them either you comply or you just don’t go what I’m saying is I know the truth and the right way and if I’m staying here is because you want the kids to get a solid foundation and I’m not out to stick anything in anyone’s face the world is big enough for me to do what I have to do elsewhere

    • Anonymous

      People are going to get a non jew to push their strollers anyway.. Isn’t it better to have an eruv so they not doing something against halacha? ?!

    • Anonymous

      Why no eruv in crown heights?!?! YOU don’t have to use it but let other people who want to benefit from one

    • dovid

      Wake up its only a matter of time there are many things the rebbe spoke about that changed its 2015 there will be a eruv very soon

    • Milhouse

      The Rebbe made his position very clear in his letter to R Kasher about the Manhattan eruv: it should be built, but it should be kept secret so nobody will rely on it. Crown Heights is the Rebbe’s shchuna and it would the height of chutzpah to build a public eruv there. It’s a free country, nobody can prevent you from doing whatever you like, but “be careful with their coal, that you not be burned”.

  • thank you

    Rabbi Segal, I really appreciate this.
    Please also address another commonly seen issue – parents placing backpacks on their toddlers for the parent’s convinience

  • Rebbe on Eiruv

    Please see shulachan Menachem with regard to the Rebbe’s view on city wide Eiruvin

  • didn't like the picture!

    Sorry to say but l thought the woman in the picture was The goya pushing the stroller!! Short sirkt horrible heals and that hair is a sheitl? We lubavitchers go with sheitls and nooo hats!!
    The point here is the halacha and not a nice stroller with a non tzinus mom… very sad in my opinion…

    • to # 16

      first of all the lady is tznius no short sleeve
      and whats wrong with a hat if its very sunny
      is nice to be positive

    • Anonymous

      Name one halacha in tznius that she is not following?!?!
      She looks beautiful!
      Elbows, knees and nech bone covered

    • can you clarify...

      Why didnt i assume the Rebbe want no hats on shaitels? and for singles is it okay?

    • Milhouse

      When did the Rebbe say anything against wearing hats on top of shaitels, or against single women wearing hats?

    • K

      The picture is typical for Lakewood. All women in Lakewood would dress this way on Shabbos by day. They wear ONLY black! However, this is NOT the typical look of a Crown Heights woman.

      I realize this picture was used before on this site:
      http://crownheights.info/general/437152/bugaboo-out-mima-xari-in/

      It is from:
      http://mimakids.com.au/xari/
      there the dress is above the knee and sleeves are well above the elbow,so thanks for covering up.

      My issue is es past nisht to slap this photo on an article from a choshuv community rov.

    • tzniuz

      the Rebbe Z”L said only, that married shouldn’t wear a hat INSTEAD of a shaitels

    • 3 points of lack of Tznius in 1 sentence

      (1) Short skirt (no way will her knees be completely covered when sitting or climbing steps
      (2) horrible heals (did you ever read that the Navi blames the churban on elevated shoes that women wore to make themselves much taller than in reality)
      (3) and that hair is a sheitl? maaris ayin for sure if she’s married
      Anythis that will draw attention – such as “dressing to kill” or walking in an uneidle way or pushing a stroller that will make people stare at you are all unacceptable behaviors for a bas Yisroel
      also didn’t like the picture, and don’t know why it was ever posted in the first place

    • To K

      I didn’t like that picture either, and wow, you are right about its origin.

  • Thank you!

    What a great service to us – clarifying halacha in a clear and unbiased way. While some may not like the ruling, it is a comfort to know what is right according to Lubavitch standards. I hope there will be more of this type of information on Crown Heights.info.

  • can s/o clarify...

    According to the kitzur shulchon oruch of rabbi shlomo gantzfried if the goy was hired as a job and not just for 1 shabbos -it’s permitted. thanks

    • Milhouse

      This is not true. It makes no difference for how long she is hired, if she does a melocho for you you must fire her, and may not benefit from it, subject to the usual exceptions (choleh, tzorchei tzibur, shvus dishvus bimkom mitzvah, bimkim tzaar, etc.)

      If you think you saw otherwise in the Kitzur, please cite the siman and se’if.

  • To Mr No Eruv

    I am disgusted by your comment, to say something so general must make you feel like a true “role model” for you and your children, Ch is no better than many other places where there are eruvim, and its not from the “modern” lubavitchers, Ch is filled with hate and propaganda 24/7. you are correct the Rebbe wanted role models yet our own community has no true leadership. so please keep your dream world and comments about the “modern” crowd ruining it to yourself. perhaps work on yourself and those around you before you judge who wants what in CH.

    • To Mr. No Eruv

      The Eruv in Crown Heights debate is being pushed by groups of people who are the new “enlightened Lubavitch”. In other communities it is being pushed by community leaders, shluchiim and volunteers.

      The whole Eruv debate in Crown Heights is poisoned as it is more about being able to push a lifestyle that has no substance and sustainability than helping a community grow.

      In the case of Crown Heights, the Eruv will have the opposite affect, it will kill the core of spirituality on the last remaining day of sanctuary, Shabbos.

      And to those that think, it’s better to have one, no it’s better to have people know Halacha and start thinking that maybe they should be following it.

      Lastly, I always felt that an Eruv should be built in Crown Heights, then I had the opportunity to meet some of the players that are behind it and realized it is a lot more than an Eruv. These people have no moral fiber and anything they do, any foundation they build will help in the decline of Yidishkeit not in building a stronger tomorrow.

  • relative

    Rabbi Hendel of Montreal a”h permitted to bring one of his ainiklach (Wilansky) for a bris to the yeshiva on Yom Kippur by a goy . But when Wilansky had another baby on shabbos – he did not permit him to bring the baby thru a goy to the yeshiva on shabbos.

    • Milhouse

      What are we supposed to take from that? That he changed his mind in between? Or maybe that on Yom Kippur it wasn’t practical to have the bris at home and have everyone come over to the home for it?

    • ask wilansky

      can somebody ask wilansky what was the reason
      I really DOUBT that R Hendel changed his mind!!

  • Chaim Lipfschitz

    An Eruv would enhance the quality of Shabbos, mothers with small children would be able to join family and friends at the seudos.
    Many of these ladies are cooped up in apartments, it is not the optimum situation.
    Not every woman has a mother or sibling living in the neighborhood who can visit them.
    I have learned the Halochos with a Rov and the issues are not black and white, even when learning the Alter Rebbe.
    We need Rabbonim of stature to look at this issue with earnestness, courage and sensitivity.

    • Cooped up

      I don’t understand… why can’t the husband come home from shul by 1pm, have lunch together and let her go out all afternoon if needed while he babysits… or does he stay by fabrengen like the “good old days” and come home motzie shabbos? This is the real issue here…

    • Chaim Lipfschitz

      It is not a matter of when the husband, returns from Shul, that is a valid discussion in its own right.
      Women , need to be able to access friends and family on Shabbos, if they have babies and pre-walkers that is not possible without an Eruv.
      I sense that eventually an Eruv will be established in CH, there will be a measure of controversy, some will use it some will not.

    • Milhouse

      Why do women need to go out davka when their husband is out? Why not insist their husband come home at a reasonable hour, and then go out?

  • good article but bad picture

    We have to respect the Rebbe’s will
    For sure he knew was better for CH not have an eruv
    Even though of course would be much nicer for women to carry their babies to shul and go visit their families
    Here in Israel in my city for instance we do have an eruv but my husband and many robbonim don’t want to carry bc that’s the way it should be, no eruvs…
    And about the picture, the lady could be covered but her shoes call a lot attention and her hat too so that is not tznius, something that calls people’s attention is not tznius, and for married women it’s just sad…

  • to Chaim Lipfschitz

    Rabbonim of stature have looked at this issue. People like Rav Marlow A”H, as well as all the rabbonim in Crown Heights today.
    What more do you want?

    • Chaim Lipfschitz

      I spoke to one of the Rabbonim and he is not so certain that the present situation may not demand a rethink.
      He is one among a few who may not agree with his feelings.
      I asked him to show me in writing where the Rebbe wrote…no Eruv.

  • Anonymous

    It’s hard to believe all the comments about the picture.
    Just about every Lubavitch woman I know,married or unmarried, dresses very well,lots of makeup,etc. They certainly seem to want to be noticed. The article that was recently written about the lives of Lubavitch young women even says they love to shop!

  • #9 is very insulting.

    I don’t live in crown heights, so I won’t give an opinion whether there should be an Eruv ( or to call it by its real term, a tzuras hapesach) or not. But to say that an Eruv brings the yiddishkeit down or destroys the shabbosdik atmosphere is just ridiculous. Almost every major Jewish community has an Eruv, including yerushalayim.! An Eruv is not a loop hole.

  • Chaim Lipfschitz

    I know that a particular Chabad Rov permitted the instruments of a Mohel to be carried through the streets of a major city on Shabbos by a aino yehudim.
    The Rov attended the Bris and I was there .
    There was no Eruv.
    things are never black and white.

    • Milhouse

      Yes, that would be a shvus dishvus letzorech mitzvah, which is allowed. Without either bringing the instruments to the baby or the baby to the instruments, the bris is impossible. And the majority opinion is that most if not all streets are karmelis; even the Alter Rebbe agrees that this is the halacha, although he urges people to be machmir. But a “chumra” that would cause a bris to be canceled is not a chumra.

  • Out of towner

    When I moved from CH (to an OOT community with a large Lubavitcher kehilla) I eventually was matir neder to use the community eiruv. the practice here amongst most lubavitchers is that the women carry/push strollers while the men are more machmir. Using the eiruv was a huge relief for me. My kids were cooped up and miserable, making shabbos a tircha for the whole family. When making my decision to be matir neder, one of the things I was reminded of is that the Torah is here to make our lives better, not chas v’sholom the opposite. I am grateful the Torah permits the use of an eiruv, It saved all of us from miserable shabbosim. On the same note, I certainly respect the rebbe’s view to not have one in crown heights, and I sympathize with the mommies and small kinderlach there.

  • Dawna Forand

    Do you have any video of that? I’d like to find out more details.

  • The Rebbe is right mit a vaite kook

    I live in a city with an Eiruv.
    I cannot tell you the amount of times people carry outside the Eiruv because of it, ” Isur D’oraisa” as well as other social pressures it creates.
    the Rebbe has a Vaite kook