Rabbi Yosef SprungBenefiting from heat produced through improper instruction of a non-Jew
An important Halacha must be noted: If a Jew improperly instructs a non-Jew to turn on the heat on Shabbos, the Jew may not remain in the room and benefit from the resulting warmth. He must leave, even if he could have stayed there uncomfortably without the heat, because the warmth produced by the heater is considered a new benefit from which he may not derive enjoyment.
This is unlike a room that was already dimly lit, in which a non-Jew was instructed to add more light. If one could have remained there with difficulty before the additional light was turned on, he need not leave afterward, because the prohibited act did not create an entirely new benefit; it merely enhanced light that was already present.
Heat is different: where there was no warmth beforehand, the ability to endure the cold does not change the fact that the warmth now being enjoyed is a newly created benefit. Therefore, if the heat was on but it was insufficient, and one relied on a lenient opinion by indirectly hinting to a non-Jew to turn up the heat, rather than explicitly instructing him, Yesh Lo Al Mi Lismoch (see Igros Moshe Y.D. 3:47).
The Mishna Berura (276:45) further qualifies this Halacha: If a non-Jew acts on his own initiative, a Jew need not leave and may benefit from the result. Thus, if a Jew contracted in advance with a non-Jew to heat his home during the winter as needed, and the non-Jew came on Shabbos and turned on the heat – even when the cold was not especially severe – the act is viewed as the non-Jew’s own initiative. The Jew may benefit from the heat.
Is cooling in the summer equivalent to heating in the winter?
The Poskim debate whether cooling during the summer should be treated like heating during the winter. In hot climates (such as summer in Israel), extreme heat waves are not uncommon, and staying indoors without air conditioning or a fan can cause considerable discomfort.
R’ Shlomo Zalman Auerbach zt”l rules that the same rules govern cooling as heating for a Choleh sheYesh Bo Sakana (Shulchan Shlomo, Erkei Refua 1, p204). It also seems self-evident that one may ask a non-Jew to turn on air conditioning when needed for a patient who is not in life-threatening danger, as well as for elderly individuals and others who are particularly vulnerable to heat.
However, for an ordinary healthy person who is merely uncomfortable in the heat, most Poskim adopt a stricter position.[1] Similarly, the Or l’Tzion[2] (2:25 footnote 5) distinguishes between severe cold, which can lead to significant morbidity, and extreme heat, which generally does not cause illness or danger. Accordingly, he rules that one should not be lenient even in cases of intense heat and significant discomfort.
However, he adds that where illness is a concern – such as for small children or food spoilage that could lead to food poisoning – one may certainly ask a non-Jew to turn on the air conditioning.
Likewise, R’ Elyashiv zt”l was asked about yeshivos in the Negev, where the summer heat is extreme and studying without air conditioning is extremely difficult (Kovetz Teshuvos 1:32). His discussion addressed the issue only from the perspective of facilitating Torah study, a mitzvah-related need, and even then, he suggested adopting a stringent approach. He did not entertain leniency solely because of the discomfort caused by extreme heat.
In contrast, the Minchas Yitzchak[3] (3:23 and 5:75) is inclined toward a more lenient position and presents several arguments in support of that view.
Practical Halachic conclusions, from more severe cases to less severe ones
i. Dangerously ill patient – urgent situations:
If an urgent need for heat arises – for example, if a window is accidentally opened during cold weather and the room suddenly becomes cold – one should treat the matter like any other case of Pikuach Nefesh and perform any needed Melachos immediately.
ii. Dangerously ill patient – preventive measures:
If the concern is merely to ensure that the patient’s room does not become cold, it is preferable to have a non-Jew perform any needed Melachos, if possible (Mishna Berura 328:62).
iii. Dangerously ill patient – when no non-Jew is available:
If no non-Jew is available, and increasing blankets or other coverings is not a viable alternative to turning on the heat, a Jew may do so himself. If possible, the action should be performed with a Shinui.
iv. Minimizing Shabbos violations:
When heating must be activated, one should minimize Shabbos prohibitions as much as possible. For example, turning on a wall unit set to heat may be preferable to using an electric heater with a glowing heating element, which may involve the Isur d’Oraisa of Mav’ir. Similarly, if partial heating is sufficient – such as activating only some sections of a radiator rather than all of them – it is preferable to do so.
v. Non-dangerously ill patients, the elderly, and children:
For a Choleh she’Ein Bo Sakana, as well as for elderly individuals and children, heating may be activated only by instructing a non-Jew.
vi. Others benefiting from the heat:
In all the above cases, healthy adults may also benefit from the heat.
vii. Healthy adults – extreme cold:
In conditions of severe cold, one may ask a non-Jew to provide heat even for healthy adults, who are treated similarly to a non-dangerously ill person under the principle that “everyone is considered ill in the face of cold.”
viii. Ordinary cold:
When the cold is not severe, the Shulchan Aruch prohibits instructing a non-Jew to provide heat. Some Poskim offered justifications for the widespread custom of being lenient even in such circumstances. A Rav should be consulted.
ix. Improper instruction to a non-Jew:
If a non-Jew turned on the heat at a Jew’s improper instruction, the Jew must leave the room.
x. Contractual arrangements with a non-Jew:
If one arranged in advance with a non-Jew, under a contractual agreement, to heat the home throughout the winter as needed, and the non-Jew turned on the heat on Shabbos even when the cold was not especially extreme, the homeowner may nevertheless benefit from the heat, since the non-Jew is deemed to have acted on his own initiative.
xi. Cooling during the summer:
During periods of extreme heat, the Halachic rules governing cooling for the sick, the elderly, children, and similarly vulnerable individuals parallel those governing heating during the winter. For healthy adults, however, the majority of Poskim prohibit instructing a non-Jew to turn on the air conditioning solely because of discomfort, even when the heat is intense. One should consult a Rav.
[1] See Igros Moshe (Y.D. 3:47)
[2] R’ Ben Zion Abba Shaul zt”l (1924-1998), Rosh Yeshiva of Yeshivat Porat Yosef in Yerushalayim
[3] R’ Yitzchak Yaakov Weiss zt”l (1902-1989), Ga’avad of the Edah Charedis.
Rabbi Yosef Sprung
