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Answer: There are three opinions among the Tannaim (see Ketubot 34a) about the extent of the prohibition of ma’aseh Shabbat (receiving the main benefit of a melacha done on Shabbat – see Rama, Orach Chayim 318:1; Mishna Berura 318:4). The most accepted opinion (see Shulchan Aruch, OC 318:1) is Rabbi Yehuda’s: if the violation was b’meizid (on purpose), the violator may never use the result; other people may use it after Shabbat. For a violation b’shogeg (by mistake), the violator and others may use the result, but only after Shabbat. You are talking about b’meizid. (Poskim primarily agree that although we generally consider one who was brought up not Shabbat observant as a tinok shenishba, that is regarding possible sanctions against him. His actions in ignoring the laws of Shabbat, though, are considered b’meizid.)
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
301 - Giving Teruma to a Kohen
302 - Receiving Fish from Shabbat Fishing
303 - Answering Amen to a Beracha You "Do Not Believe in"
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We, though, must discuss a complication. The Shulchan Aruch (Yoreh Deah 99:5) rules that if one purposely mixes non-kosher food with enough kosher food for bitul, the "mixer" is forbidden to eat the mixture, but others are permitted. It is also forbidden for a person on whose behalf the mixer acted. The Magen Avraham (318:2) states that logically the same thing should apply to ma’aseh Shabbat, i.e., the result should be forbidden forever not only to the violator but also for one on whose behalf he desecrated Shabbat. However, the Magen Avraham concludes that the Beit Yosef’s logic regarding bitul does not apply here. There, we are stringent because it is likely that one would improperly do bitul for a friend’s benefit since doing bitul is a weak aveira; Since Shabbat is a serious aveira, Chazal were not as worried that people would violate it on someone else behalf. On the other hand, the Ktav Sofer (ibid.) says that a mechallel Shabbat on a regular basis is willing to do so even for others. Whether or not we accept this Ktav Sofer is not a simple matter (see discussion in Bemareh Habazak I:31).
There are additional reasons for leniency. The Maharhsal and Taz (YD 99:10) say that the prohibition on the beneficiary of bitul is only if he was aware and/or happy about the perpetration. If the recipient was not in favor of it, he may benefit. The Pri Chadash (YD 99:13) argues. The machloket appears to be whether the penalty is to discourage from sin the perpetrator or the recipient. The lenient opinions seem to apply to your case, as well, as you do not want him to desecrate Shabbat. Furthermore, here your friend presumably fished primarily for himself (and perhaps more for the sport than for the fish), not for you. Indeed, we find regarding a non-Jew who did work for himself and for others, Halacha views it as the main intention being for himself (Shulchan Aruch, OC 276:2).
For a combination of the reasons above, it is not prohibited for you to accept the fish. It is better to not eat the fish until Sunday, so as not to benefit from the fact that he fished on Shabbat (see Pri Megadim, EA 325:22; Orchot Shabbat 25:7; Bemareh Habazak I:31 for discussions of this complex matter). This being said, taking the fish, certainly on an ongoing basis, is an affront to the spirit of our outlook on Shabbat and other Jews. While we do not scream "Shabbos!!" at non-Shabbat observant friends, we do not want to give any impression that we subscribe to the following approach: "To each his own; I will go to shul and pray for both of us; you fish and provide for both of us." According to the Maharshal (above), doing so could make the fish forbidden according to the letter of the law.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
