Asking a non-Jew to do forbidden work for us on Shabbos is prohibited (amira le'akum). The Shulchan Aruch (Siman 244) permits kablanus (contract work) if the non-Jew acts for his own interest, outside the Jew's home, on an item detached from the ground, and not in public or building work.
Concrete cases (craftsman, construction site, service provider) depend on minhag and context: ask your Rav.
In principle, we do not ask a non-Jew to do work that is forbidden to us on Shabbos: this is amira le'akum (אמירה לעכו״ם). But the Shulchan Aruch (Siman 244) shows that contract work (קבלנות) can permit it — the non-Jew then acts for his own interest (אדעתא דנפשיה). Still, three conditions are required: do not impose Shabbos on him, an object detached from the ground (תלוש, not מחובר), and work outside the Jew's house. Any public work (פרהסיא) or building work remains forbidden because of appearance (מראית עין). For a concrete case — ask your Rav.
A printer, a tailor, a cleaning company, a construction site: may you give them a job that will "run" through Shabbos, if they are not Jewish? The Shulchan Aruch devotes Siman 244 of Hilchos Shabbos to this, six seifim that codify the great topic of amira le'akum — and that finely distinguish when contract work makes it permitted.
The underlying prohibition: amira le'akum
The rabbinic prohibition (שבות) of asking a non-Jew to perform on Shabbos a melachah forbidden to us. According to the Rishonim, either because he becomes our agent (Rashi), or so that Shabbos does not become "light" in our eyes (Rambam), or in the name of "וְדַבֵּר דָּבָר" — not to speak about work on Shabbos (She'iltos).
The question of the siman is therefore: when does a contract engagement escape this prohibition?
The founding distinction: contract work vs day wage
| Criterion | קבלנות (contract) | שכיר יום (day wage) |
|---|---|---|
| Price | Global, for a whole job | Per day of work |
| Master of the schedule | The non-Jew — he chooses his days | The Jew — he hires the non-Jew's time |
| Acts אדעתא דנפשיה? | Yes — he speeds up to collect his due | No — he works "for the Jew" that day |
| Amira le'akum | Neutralized (no "Shabbos" order) | Full — forbidden |
The central liberating principle: under contract, the non-Jew does not speed up to do the Jew a favor, but to collect his money faster. It is he who is responsible for his act.
The basic rule (Seif Alef)
יִשְׂרָאֵל שֶׁשָּׂכַר הַנָּכְרִי לַעֲשׂוֹת לוֹ מְלָאכָה בְּקַבְּלָנוּת, וְהָלַךְ הַנָּכְרִי וְעָשָׂה בְּשַׁבָּת מֵעַצְמוֹ — מֻתָּר, וְהוּא שֶׁלֹּא יֹאמַר לוֹ לַעֲשׂוֹת בְּשַׁבָּת...
"A Jew who hired a non-Jew to do work for him on a contract basis, and the non-Jew went and did it of his own accord on Shabbos — it is permitted. On condition that (1) he not tell him to work on Shabbos, (2) the melachah be on an object detached from the ground (תלוש) and not attached (מחובר), (3) it not be done in the Jew's house."
On an object attached to the ground (מחובר), it is forbidden, because of מראית עין: passersby do not know it is a contract job, and will think the Jew hired him by the day. (Source: Shulchan Aruch, Orach Chaim 244:1. The gloss of the Rema brings a more lenient opinion regarding מחובר under contract, but concludes that "it is fitting to be strict.")
When contract work no longer suffices
Public work (Seif Beit)
A melachah done בפרהסיא (in plain view of all) is forbidden even under contract, even on a detached object, even outside the Jew's house — because people see the Jew's work progressing on Shabbos and will think it is day-employment. (Source: Shulchan Aruch 244:2.)
Building (Seif Gimel)
Building a house for a Jew, even under contract, is forbidden: it is an object attached to the ground and visible. The Jew must even protest (למחות בידו) to stop it. The Rema brings an opinion that permits contract work on building, but "one who refrains draws a blessing upon himself." (Source: Shulchan Aruch 244:3.)
The cases where it is permitted — with safeguards
| Seif | Case | What the source says |
|---|---|---|
| ד (4) | Merchandise entrusted to a carrier | It must be handed over early enough for the convoy to leave the תחום of the city before nightfall; otherwise it looks like the Jew's transport on Shabbos |
| ה (5) | Clothes entrusted to a non-Jewish tailor | Permitted even if he sews on Shabbos in his own home — provided they are handed over at a time when he could finish before Shabbos, without imposing a date, and the tailor is not set up in the Jew's house |
| ו (6) | Any melachah given on contract before Shabbos | Hand it over with enough time for him to theoretically finish before nightfall, so that people not say he was hired "for this Shabbos"; he acts אדעתא דנפשיה |
The four parameters that decide
The siman, in one sentence: contract work neutralizes amira le'akum through the principle of אדעתא דנפשיה — but it does not neutralize the appearance problem (מראית עין), which resurfaces as soon as the work is visible. Four parameters decide:
- תלוש / מחובר — object detached from or attached to the ground?
- Whose place is the work done at? (not in the Jew's house)
- Public / private? (פרהסיא forbidden)
- בניין — is it building work?
Modern application
- Print shop / workshop (detached object, at the provider's place, on contract): the configuration closest to the permitted case of Seif ה.
- Construction site / building: visible work attached to the ground → the most delicate case (Seif ג).
- Cleaning / delivery company: the public character and the location (at the Jew's place or not) are decisive.
Each of these cases depends on the exact contract, the visibility and the local custom — hence the absolute need for a rabbinic opinion before any application.
This article presents what the source says for the purpose of study. It does not rule on any practical case. To know whether your provider, your construction site or your contract is permitted — depending on the type of work, its visibility and your community's custom — ask your Rav.
Frequently asked questions
What is amira le'akum?
It is the rabbinic prohibition of asking a non-Jew to perform on Shabbos work forbidden to us. Anything the Jew may not do himself, he may in principle not have done. Siman 244 explores when contract work escapes it. For a concrete case, ask your Rav.
Can you give a non-Jew a contract job for Shabbos?
Seif Alef permits it on three conditions: do not impose Shabbos, an object detached from the ground (תלוש), and work outside the Jew's house. Under contract, the non-Jew acts for his own interest (אדעתא דנפשיה). For practice, ask your Rav.
Why does public work remain forbidden even under contract?
Seif Beit forbids it because of מראית עין: seeing the Jew's work progress on Shabbos makes people think he hired the worker by the day. Contract work lifts amira le'akum, not the appearance when the work is visible. For your case, ask your Rav.
Study Siman 244 in depth
Four levels, from beginner to talmid chacham — Hebrew text, translation, pilpul and the shitah of the Admur HaZaken.