Section 1 – Introduction

A common misnomer nowadays is that one may hint to a Goy to do melacha for him on Shabbos. While this may be true in specific cases, the baseline is that it is actually assur to do so. This issur is called Amira La’akum.

The definition of Amira Laakum is exactly how it sounds: directing a Goy to do something for you. Normally there would be no issue with a Goy doing any action for a Jew. The issue arises when a Jew directs a Goy to do something that would otherwise be assur for the Jew to do himself. This interaction is defined as the issur of Amira Laakum.

It is important to note the difference between a Jew instructing a Goy to do something that is assur for the Jew to do, and instructing the Goy to do something that is also assur for the Goy to do. The former is the issur of Amira Laakum, whereas the latter is the issur of Lifnei Iver.

Source of the Issur of Amira Laakum:

There is a machlokes Rishonim and Acharonim if the nature of the issur is D’oraita or Derabanan. The source of the issur, even according to those who say it’s only Derebanan, is the pasuk in Shemot-12-16:

וַּב֤וֹיּם ָהִראוֹשׁ֙ן ִמְקָרא־ֹ֔קֶדשׁ וַּבוֹיּ֙ם ַהְשִּׁביִ֔עי ִמְקָרא־ֹ֖קֶדשׁ ִיְהֶי֣ה ָלֶ֑כם ׇכּל־ְמָלאָכ֙ה ֹלא־ֵיָעֶ֣שׂה ָבֶ֔הם ַ֚אְך ֲאֶ֣שׁר ֵיאֵָ֣כל“ “.ְלׇכל־ֶ֔נֶפשׁ ֥הוּא ְלַב֖וֹדּ ֵיָעֶ֥שׂה ָלֶֽכם׃

The machlokes is two fold: what is the correct learning that Chazal have from this pasuk, and is it a fully bonafide learning from the Torah or merely a symbolic resource of reliance for the Derebanan Shvus enactment of the issur¹ (see later section on Shvus).

We paskin that Amira Laakum is only Derabanan².

HaRav explains that Amira Laakum must be Derabanan, and by definition can not be Deoriasa. The definition of the issur of doing melacha on shabbos is the active negation of a Jew’s commandment of “Shvisa”, or resting, on Shabbos. That said, when a Goy does melacha on Shabbos (even for a Jew), there is no ceasing from a state of resting of any Jew, and therefore cannot be Deoraisa.

Definition of Akum for Amira Laakum:

Although the issur of Amira Laakum is only Derabanan, not all Goyim are treated equally in this matter. Amira Laakum applies to all Goyim who are not in the class of “Geir Toshav”. If the Goy is in the class of ”Geir Toshav”, then directing them to do melacha on Shabbos or

¹ See the Mechilta, and the Gra’s annotation

² See M.B. 253 – 5 and S.Tz – ibid – 7

Yom Tov (specifically) would not be the Derabanan issur of Amira Laakum, rather it would be

.למען ינוח שורך וחמורך וינפש בן אמתך והגר” – “23-12 pasuk: the of violation Deoraisa a

The definition of a Goy who is a “Geir Toshav” is a Goy who has accepted the Sheva Motzvos Bnei Noach.

Which types of Issurim are subject to the Issur of Amira Laakum:

We paskin that all issurim, whether deoraisa or derabanan, are subject to the the issur of Amira Laakum³. Hence, without additional reason to be meikil, a Jew may not instruct a Goy to do a derabanan melacha for him on Shabbos.

Reasons for the Issur of Amira Laakum:

There are several reasons quoted in Halacha as a reason for the Issur of Amira Laakum:

1. Keeping a proper standard and atmosphere of Shabbos⁴. Lest we get too lax with melacha being done and come to do melacha ourselves.
2. Appointing the Goy as your shliach constitutes as if the Jew himself did the melacha⁵.
3. “Daber davar”, i.e. improper speech for Shabbos. One should not talk of melacha on Shabbos^{6 7}.

Even if only a single reason is present, then there is an Issur of Amira Laakum.

Issur of Amira Laakum for issurim other than Shabbos:

The Gemara raises the question if there is an issue of Amira Laakum in regards to other issurim aside from Shabbos, but the Gemara leaves the matter unresolved⁸. However, we paskin that Amira Laakum applies to all issurim and not just the issur melacha of shabbos⁹.

For example:

Instructing a Goy to do Tzaar Balei Chaim would be assur.