Renting property to a non-Jew who works it on Shabbos depends on the custom of the trade (Shulchan Aruch, Siman 243). A field or mill (typically sharecropped) is permitted because the non-Jew works for his own share; a public bathhouse or oven (typically run by a day-laborer) is forbidden because of maris ayin.
Several cases lift the prohibition (publicly known rental, private property); for a concrete case, ask your Rav.
The Shulchan Aruch (Siman 243) rules according to the custom of the trade. A field (שדה) or a mill (רחיים) — usually worked through sharecropping — may be entrusted to a non-Jew: he works for his own share (אדעתיה דנפשיה), so there is no misleading appearance. A public bathhouse (מרחץ) or an oven (תנור) — usually run by a day-laborer — are forbidden, because passersby would think the Jew is having his worker labor on Shabbos (מראית עין). This prohibition lifts in several cases (publicly known rental, private property…). For a concrete case — ask your Rav.
You own property that generates ongoing income — a bathhouse, a field, a bakery, a mill. A non-Jew operates it… including on Shabbos. Is this permitted? The Shulchan Aruch devotes an entire siman to this question, Siman 243 of Hilchos Shabbos. And the answer, surprisingly, depends less on the property than on the manner in which it is entrusted — and on what people will think.
The starting case: the bathhouse (Seif Alef)
לֹא יַשְׂכִּיר אָדָם מֶרְחָץ שֶׁלּוֹ לְגוֹי, מִפְּנֵי שֶׁנִּקְרֵאת עַל שְׁמוֹ וְגוֹי זֶה עוֹשֶׂה מְלָאכָה בּוֹ בְּשַׁבָּת, דִּסְתַם מֶרְחָץ לָאו לַאֲרִיסוּתָא.
"One should not rent out his public bathhouse to a non-Jew, because it is called by his [the Jew's] name and this non-Jew performs work in it on Shabbos — for ordinarily a bathhouse is not entrusted on a sharecropping basis."
Three reasons combine: the bathhouse is known as belonging to the Jew; the non-Jew works in it on Shabbos (heating the water, cleaning); and above all, the custom for a bathhouse is not sharecropping but a fixed wage — hence the problem of appearance. (Source: Shulchan Aruch, Orach Chaim 243:1.)
Why a field, yes — a bathhouse, no?
The whole siman rests on a single criterion: the usual custom of the trade.
When the non-Jew has a personal interest in working (he takes a share of the crop, or has contract work to finish), we consider that he works for his own account, and not as the Jew's agent. The Shabbos work therefore does not "fall back" onto the Jew.
- Field (שדה): the custom is sharecropping (אריסות). Everyone knows it → the non-Jew works for his share → no misleading appearance. Permitted.
- Bathhouse (מרחץ): the custom is day-employment. Seeing a non-Jew laboring there on Shabbos makes people think he is the Jew's worker → מראית עין → forbidden, even under contract work.
The 4 ways of entrusting property
| Type | Mechanism | Status in principle |
|---|---|---|
| שכיר יום day wage | The non-Jew is a direct employee; the income goes to the Jew | 🔴 Always forbidden (this is the classic אמירה לגוי) |
| קבלנות contract work | A global price for a job; the non-Jew chooses his days | 🟢 Permitted in principle — 🔴 except where the custom is day-work (bathhouse, oven) |
| השכרת קרקע pure rental | The Jew rents the property for a fixed price; the non-Jew keeps the income | 🟢 Permitted — 🔴 except for maris ayin (bathhouse) |
| אריסות sharecropping | The non-Jew shares the crop (1/3, 1/4…) | 🟢 Permitted — he has his own interest in working |
The Rema: oven and mill
וְתַנּוּר דִּינוֹ כַּמֶּרְחָץ, וְרֵחַיִם דִּינָם כְּשָׂדֶה.
"An oven (תנור) — its law is like that of the bathhouse; and a mill (רחיים) — its law is like that of the field."
In other words: the oven = bathhouse → 🔴 forbidden (custom of day-work); the mill = field → 🟢 permitted (custom of contract/sharecropping). The deciding rule remains, everywhere, the custom of the trade in the region.
When the bathhouse becomes permitted again (Seif Beit)
Seif Alef sets a general rule; Seif Beit shows that it is not absolute. As soon as the confusion (מראית עין) disappears, the rental becomes possible again. Among the cases drawn out by the commentators:
- Publicly known rental: the property has been openly rented for two or three years running → everyone knows it is a rental, not employment.
- Private bathhouse (within a dwelling): only the neighbors use it and know it is rented → no suspicion (gloss of the Rema).
- Property not owned: the Jew himself rented the property from a non-Jew and sublets it → it is not "called by his name."
- Absorbed contract (בהבלעה): the Shabbos wage is folded into the overall contract, not isolated.
Modern application
We find this framework directly in today's situations — always to be examined with a Rav:
- A business with a non-Jewish employee: paid by the day → a problem; on a contract / commission basis according to the custom of the trade → to be studied.
- A bakery (oven = bathhouse): forbidden even under contract work; the solution raised is to rent out the entire establishment to the baker.
- A gas station: the common practice is to rent the whole thing to a non-Jew for Shabbos (a specific heter mechirah).
This article presents what the source says for the purpose of study. It does not rule on any practical case. To know whether your rental, your business or your property is permitted — depending on the type of contract, the custom of the trade and your community's practice — ask your Rav.
Frequently asked questions
Why is a field permitted and a bathhouse forbidden?
It all depends on the custom of the trade. For a field, the custom is sharecropping — the non-Jew works for his share, so for himself. For a bathhouse, the custom is day-employment: seeing a non-Jew laboring there on Shabbos makes people think he is the Jew's worker (מראית עין). For a concrete case, ask your Rav.
What is maris ayin?
It is the prohibition of an action which, although permitted, resembles a transgression in the eyes of passersby. Renting a bathhouse on a sharecropping basis would be permitted, but since a bathhouse is usually run with an employee, people would think there is Shabbos work for the Jew. For practice, ask your Rav.
Is an oven like a bathhouse, a mill like a field?
Yes — this is the rule of the Rema: the oven follows the bathhouse (forbidden, custom of day-work), the mill follows the field (permitted, custom of contract/sharecropping). The custom of the trade decides. For your case, ask your Rav.
Study Siman 243 in depth
Four levels, from beginner to talmid chacham — Hebrew text, translation, pilpul and the shitah of the Admur HaZaken.