For a Jewish/non-Jewish business partnership that also operates on Shabbos, the Shulchan Aruch (Siman 245) requires stipulating from the start (hisnah mitchilah) that Shabbos profits go to the non-Jew alone and another day's profits to the Jew alone. Without this stipulation, sharing Shabbos profit is forbidden (sechar Shabbos).
For a concrete structure (articles, accounting, dividends): ask your Rav.
A Jew and a non-Jew may be partners (שׁוּתָּפוּת / shutfus) in a shop or a company that also runs on Shabbos — but the Shabbos profit must be settled. The Shulchan Aruch's solution (Siman 245): stipulate from the start (הִתְנָה מִתְּחִלָּה) that the gain of the Shabbosos goes to the non-Jew alone, and the gain of another day to the Jew alone. Without this stipulation, sharing the Shabbos profit equally is forbidden (שְׂכַר שַׁבָּת). For a concrete arrangement — ask your Rav.
You set up a company with a non-Jewish partner: a shop, a workshop, a startup. The activity generates revenue seven days a week — including Shabbos, when your partner keeps working or selling. When the time comes to divide the profits, a question arises: are you allowed to collect your share of the gain made on Shabbos? The Shulchan Aruch treats precisely this situation in Siman 245 of Hilchos Shabbos (Orach Chaim), in two seifim.
Why a partnership is a problem: שְׂכַר שַׁבָּת
The heart of the difficulty is not that the non-Jew works — a non-Jew is not bound by the rest of Shabbos. The problem is that, in a partnership, the assets and capital are jointly owned. If the Jew then collects a share of the profit specifically produced on Shabbos, he receives a Shabbos gain (שְׂכַר שַׁבָּת) — a profit directly tied to the work done that day, which halacha seeks to avoid.
What does the Shulchan Aruch say in Siman 245?
The Mechaber (Rabbi Yosef Karo) sets out the rule and its solution in Seif א:
יִשְׂרָאֵל וְנָכְרִי שֶׁנִּשְׁתַּתְּפוּ בִּמְלָאכָה אוֹ בַּחֲנוּת — אִם הִתְנוּ בִּתְחִלַּת הַשֻּׁתָּפוּת שֶׁיִּהְיֶה שְׂכַר הַשַּׁבָּת לַנָּכְרִי לְבַדּוֹ, אִם רַב וְאִם מְעַט, וּשְׂכַר יוֹם אַחֵר כְּנֶגְדּוֹ לְיִשְׂרָאֵל לְבַדּוֹ — מֻתָּר.
"A Jew and a non-Jew who have entered a partnership in a workshop or a shop: if they stipulated at the start of the partnership that the profit of Shabbos would go to the non-Jew alone, whether large or small, and the profit of another day would go to the Jew alone — it is permitted."
And the continuation specifies the cases where the stipulation is missing:
- If they did not make the stipulation at the outset: at the time of division, the non-Jew takes for himself alone all the profit of the Shabbosos, and the rest is shared.
- If they stipulated nothing and share everything equally: it is forbidden, because the Jew then receives a gain specifically tied to Shabbos.
The 3 key concepts of the siman
1. הִתְנָה מִתְּחִלָּה — the initial stipulation
One agrees, at the moment of forming the partnership, that the Shabbos profit belongs to the non-Jew and, in compensation, that another day belongs to the Jew alone. The Jew then never touches a Shabbos gain directly. This is the basic solution of the siman.
2. בְּהַבְלָעָה — by absorption
The principle of folding in: when the Shabbos gain is not isolated but "absorbed" into a larger whole (the profit of the entire week, or the share offset by another day), it is no longer perceived as a Shabbos wage. This is the logic that makes the initial stipulation effective.
3. מַתִּירִין / אוֹסְרִין — the debate on catching up
What to do if one forgot to make the stipulation at the outset? Some (מַתִּירִין) permit dividing afterward without mentioning Shabbos — this counts as בהבלעה. Others (אוֹסְרִין) are strict. The Rema rules like the strict view, except in case of a great loss (הֶפְסֵד גָּדוֹל).
Seif ב: the "false partner" (bathhouse, oven, mill)
The second seif treats a different arrangement: a Jew who owns a bathhouse, an oven or a mill and takes a non-Jew as a "partner" to run the establishment on Shabbos. Here the Mechaber distinguishes:
| Arrangement | What the source says |
|---|---|
| Partnership in the operation itself (each has a share of the business, workers are paid on Shabbos) | The establishment may not operate on Shabbos — no stipulation changes this. |
| Partnership in the profit only (the operation legally belongs entirely to the non-Jew, the Jew is merely a financier) | Permitted through a stipulation conforming to Seif א. |
And the Mechaber adds a cross-cutting warning: one must guard against misleading appearance (מַרְאִית הָעַיִן) — for example, if the establishment bears the Jew's name, it is forbidden even where the arrangement would otherwise be valid.
Modern application: startup, shop, joint venture
The siman speaks of a "shop" and a "mill," but its logic maps exactly onto our contemporary companies:
- An LLC or a company set up with a non-Jewish partner whose activity runs on Shabbos: the question of dividing the Shabbos profit arises directly.
- The initial stipulation (הִתְנָה מִתְּחִלָּה) translates today into a clause of the partnership agreement assigning the Shabbos result to the non-Jewish partner.
- The distinction of Seif ב — joint venture vs mere participation in the profit — sheds light on arrangements where the Jew is more of a passive investor.
Several contemporary authorities rely on this framework to structure mixed companies — with nuances depending on the minhag, the exact nature of the partnership and the presence (or absence) of the Jew's name on the sign.
This article presents what the source says for the purpose of study. It does not rule on any practical case and proposes no legal arrangement. To know whether your partnership conforms — depending on your community, the exact structure of your company and how it operates on Shabbos — ask your Rav.
Frequently asked questions
Can a Jew be partnered with a non-Jew if the business runs on Shabbos?
Siman 245 allows for it, provided the Shabbos profit is settled. The central solution: stipulate from the start (התנה מתחילה) that the gain of the Shabbosos goes to the non-Jew alone, and another day to the Jew alone. For a concrete case, ask your Rav.
What is the initial stipulation (התנה מתחילה)?
It is agreeing, at the moment of forming the partnership, that the Shabbos profit belongs to the non-Jew and that, in compensation, another day belongs to the Jew alone. This way the Jew never receives a gain attached to the Shabbos work.
What if you forgot to make the stipulation at the outset?
The Mechaber provides that at division the non-Jew takes for himself alone all the profit of the Shabbosos, the rest being shared. The Rema brings a more lenient view but rules like the strict view, except for a great loss (הפסד גדול). For practice, ask your Rav.
Study Siman 245 in depth
Four levels, from beginner to talmid chacham — Hebrew text, translation, pilpul and the shitah of the Admur HaZaken.