Partnering with a Non-Jew for Shabbos
In simanim 245 and 246, Shulchan Aruch and the poskim discuss different types of partnerships and arrangements that Jews and non-Jews may make in order to allow the business to continue operating on Shabbos. In the responsa works of some of the great poskim of yesteryear, we find many different types of “sale documents” and other arrangements which permit a Jewish business to remain open on Shabbos, under certain, limited conditions. It cannot be stressed enough, however, that many of the loopholes and creative halachic solutions presented by the poskim on this issue were due to the pressing reality that existed in earlier times, when many governments did not allow Jews to own their own businesses. The extenuating circumstances, the great poverty and the limited resources available to Jews motivated the poskim to find temporary solutions to a pressing problem.[1] Today, when that this is no longer the case, it is highly unlikely that the poskim would have allowed much of what they permitted in past generations.[2] In addition, contemporary poskim are in agreement that one should do his utmost to avoid entering any type of a “Shabbos partnership” with a non-Jew, since these documents and arrangements are complex and confusing,[3] and they tend to cause a general lessening of sensitivity towards Shabbos observance,[4] especially among one’s children who are not able to understand why a “Jewish business” could be operating on Shabbos.[5] As the Chafetz Chayim himself tells us in Beiur Halachah,[6] those who are careful to keep Shabbos in its pure simple form and do not look for any leniencies or loopholes, will surely be blessed with much business success during the rest of the week. One will not need to rely on Shabbos profits for the sake of his livelihood.
[1] Seridei Aish, O.C. 23, relates that the issue of implementing these type of allowances was subject to controversy among the Rabbis of his time. He relates that he asked the Chafetz Chayim for his opinion on the matter. The Chafetz Chayim replied that since there are serious considerations for and against it, he preferred to avoid taking a stand on the matter.
[2] See Yeshurun, vol. 19, pg. 614.
[3] Minchas Yitzchak. 9:24.
[4] Igros Moshe, O.C. 4:55; Chelkas Yaakov 3:29, 32.
[5] Cheshev ha-Eifod 2:6.
[6] 246:5, s.v. rak.