Handing a non-religious Jew an item on Shabbos which he will carry through an area without an Eiruv

Handing a gentile, or non-religious Jew, an item on Shabbos which they will carry through an area without an Eiruv:[1]

A. Non-religious Jew:[2]

It is forbidden for one to provide an item to a Jew if one knows that the Jew will carry it in an area without an Eiruv.[3] This applies, even if one does not place the item in the hand of the Jew, but simply places it in front of him, for him to take on his own. This applies even if the public domain is a mere Karmalis, and not a Biblical Reshus Harabim.[4] [Thus, if there is no Eiruv in one’s community, then it is forbidden to place an item in the hand of a non-religious in a private domain if it is certain or even likely that he will carry it to the outside, to a public domain. Likewise, if one is outside in a public area and there is no Eiruv in one’s community, then it is forbidden to place in the hand of this Jew an item if it is certain or even likely that he will carry it four Amos outside, or will carry it to a private domain. Furthermore, even in an area with an Eiruv, if one knows, or it is likely, that the Jew will carry the item to outside the parameters of the Eiruv, then it is forbidden to place the item in his hand. Accordingly, on Shabbos one may not hand a nonreligious Jew an item that he will put in his car and travel with to an area that is outside of the Eiruv. Likewise, if a non-religious drops something on the floor on Shabbos in an area without an Eiruv, one may not pick it up for him and place it into his hand.]

 

B. Gentile:

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[1] See Admur 325:2-4; 347:3; 307:35

[2] Admur 347:3; M”A 347:4; Taz 347:1; Tur 347; Levush 347; Tur 347; Rosh Shabbos 1:1; Tosafus Shabbos Shabbos 3a

[3] The reason: So long as the Jew does not hand the item to the hand of the nonreligious Jew, and rather the nonreligious Jew takes the item from his hand, then he does not transgress any Shabbos prohibition [neither biblical or rabbinical], being that the nonreligious Jew did both the Akirah and Hanacha, and he has done nothing [other than provide the Jew with the ability to carry the item which does not transgress any intrinsic carrying prohibition]. [Admur 347:2-3; Tur 347; Rambam Shabbos 13:7; Shabbos 3a; Rosh Shabbos 1:1; Levush 347] Nonetheless, [in an area with a biblical public domain] it is biblically forbidden for one to do so being that he is causing his friend to stumble, as he is providing him with an object to carry from one domain to another, and he transgress the prohibition of Lifnei Iver Lo Siten Michshol. [Admur 347:3; Taz 347:1; Tur 347; Levush 347] [In an area with a rabbinical public domain, known as a Karmalis, one would transgress a rabbinical prohibition of Lifnei Iver Lo Siten Michshol.] Now, the above transgression of Lifnei Iver only applies if the nonreligious Jew would have no way of retrieving the item without the assistance of the Jew. If, however, the item was found in a way that the nonreligious Jew would on his own be able to take the item without the assistance of the Jew, then the Jew does not biblically transgress Lifnei Iver Lo Siten Michshol, although it nevertheless remains rabbinically forbidden for him to give him the item. [Admur ibid; M”A 347:4; Tur 347; Rosh ibid; Tosafus Shabbos ibid] The reason for this is because aside for the intrinsic Rabbinical prohibition to provide an item [that one owns] to another person to carry on Shabbos in a forbidden way, which applies even against giving an item to a Gentile, as explained in 325:2 [and 307:35], there is also a rabbinical prohibition against assisting another Jew in doing a sin, known as Misayeia Leovrei Aveira [which applies even if the item belongs to the nonreligious Jew]. [Admur ibid; M”A ibid; Rosh ibid; Avoda Zara 55b; Mishneh Gittin 61a] For this reason, it is forbidden to offer a heretic a forbidden item/food even if the heretic is is able to take it on his own. [Admur ibid; M”A ibid; Tosafus  Avoda Zara 55b; See Rama Y.D. 151:1; Shach 151:6; Degul Merivav ibid]

[4] Admur 347:3

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