It is forbidden to rent one's utensils to a non-Jew when one knows that he will perform melachah with them on Shabbos, because of sechar Shabbos (payment for Shabbos work). But if one does not know — it is permitted. — Rema's gloss: Such is the main view, and it is even forbidden to lend one's utensils to a non-Jew on erev Shabbos when one knows that he will use them for melachah on Shabbos.
The 4 levels of study — Siman 246, Seif Aleph
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01
Available
רמת המתחיל
Foundation — Introduction
Hebrew text with a clear English rendering, pedagogical explanation of the three foundational concepts (shevitas kelim, nireh ki-shelucho, sechar Shabbos), and practical psak for both Ashkenazic and Sephardic communities.
Full pilpul in 13 sections: the sugya in Shabbos 17b-19a, four שיטות ראשונים (Rambam/Rif, Tosafos, Rabbeinu Yonah, Rosh), the foundational חקירה of shevitas kelim vs. mar'is ayin, R' Akiva Eiger's dyukim, the dinim of havlaah, and the Rema's chiddush.
A structured recap for review and memorization. Comparison tables of she'ilah vs. sechirus, decision trees, golden rules, practical cases, and classic pitfalls to avoid.
The Shulchan Aruch HaRav on this siman: all 19 seifim complete and 7 entries of Kuntres Acharon (the densest of the three simanim). The strength and originality of the Alter Rebbe's psak on the diptych she'ilah / sechirus, the test of nireh ki-shelucho, the application of havlaah to kelim, and the structural distinction between kelim, beheimah, and sadeh.
Rebuild this siman according to the Rabbanim YOU follow. Choose your poskim (Rav Ovadia, the Alter Rebbe, the Rebbe, Ben Ish Chai, Mishnah Berurah, Rav Mordechai Eliyahu…) — Daat AI rebuilds the siman with their views, reasoning, and disagreements. If your poskim do not address a point, the AI asks you before broadening the discussion.
The question of whether a Jew's utensils must "rest" on Shabbos, even when they are in the hands of a non-Jew. According to Beis Hillel, there is no chiyuv of shevitas kelim.
נִרְאֶה כִּשְׁלוּחוֹ
Appears as his shaliach
The issue of mar'is ayin: if the non-Jew uses the Jew's item on Shabbos, he appears to be acting as his shaliach, creating a prohibited appearance even with no actual intent.
שְׂכַר שַׁבָּת
Payment for Shabbos
The independent prohibition against benefiting from payment for work performed on Shabbos. Even if the contract was made before Shabbos, profit derived specifically from Shabbos work is halachically problematic.
The two schools of opinion
Posek
Era
Position
Reasoning
רמב"ם / רי"ף
Rishonim — 11th–12th c.
View ① — Permitted
The forbidding baraisa follows only Beis Shammai. According to Beis Hillel (whose view is binding), there is no prohibition based on shevitas kelim.
רבנו יונה / רא"ש / תוספות
Rishonim — 12th–13th c.
View ② — Forbidden
Even according to Beis Hillel, the prohibition stands due to nireh ki-shelucho (mar'is ayin) and sechar Shabbos.
בית יוסף / שולחן ערוך
Acharonim — 16th c.
View ② (binding)
Rules like Rabbeinu Yonah. Forbids renting one's utensils when one knows they will be used on Shabbos.
הגהות הרמ"א
Acharonim — 16th c.
✦ Final psak
"וכן עיקר כסברא האחרונה" — Confirms and extends: forbidden even to lend (not only to rent) on erev Shabbos.
Frequently asked questions — Siman 246
May one lend or rent an item to a non-Jew before Shabbos?
According to the Shulchan Aruch, Orach Chaim 246:1, one may lend (she'ilah) or rent (sechirus) an item to a non-Jew before Shabbos — provided that the non-Jew takes it out of the Jew's house before Shabbos enters. The distinction between lending and renting, and the Rema's chiddush, are treated in depth in Level 2 (Lamdan).
What is shevitas kelim?
Shevitas kelim ("the resting of utensils") is the foundational dispute between Beis Shammai and Beis Hillel (Beitzah 16b): Beis Shammai requires that the Jew's utensils themselves rest on Shabbos. Beis Hillel requires rest only for the Jew himself and his dependents. The halachah follows Beis Hillel, but the concept remains essential for understanding the heteirim of Siman 246.
May one rent a car to a non-Jew over Shabbos?
A modern application of Siman 246: yes, provided (1) the contract is signed before Shabbos, (2) the car is handed over to the non-Jew before Shabbos, and (3) there is no problem of sechar Shabbos (specific payment for Shabbos) — the concept of havlaah (payment encompassing several days) resolves it. See Level 1 and Level 2.
What is the Rema's chiddush in Siman 246?
The Rema distinguishes between lending (she'ilah) and renting (sechirus) with different halachic ramifications — particularly whether the non-Jew is considered the Jew's shaliach (nireh ki-shelucho). Level 2 (Lamdan) treats this distinction in depth alongside the views of the Rambam, Rif, and Rabbeinu Yonah.