Shlichut and Non-Jews in Performing Mitzvot

Dear Rabbi, I am an elderly man living alone and I have mobility issues. I would like to know if it is permissible for me to ask my non-Jewish assistant to light the Shabbos candles on my behalf, or is it important that I do it personally?

Thank you for your question.

The Answer :

You have to light the candles yourself or appoint a Jew to light them on your behalf.

The answer in-depth :

We know that there is a concept called Shelichut, this is brought in Talmud Bavli Tractate Kidushin, page 41a/b, and through this Halacha called “shelichut” it would be considered as though the one who appointed the shaliach has performed the mitzvah himself.

However, this halacha applies only when one Jew appoints another Jew as a shaliach. If a Jew appoints a non-Jew to be his shaliach, then, of course, he would be like any other messenger, but it would not be considered a “halachic she’lichut” meaning; we cannot consider what the Shaliach did, as though it was done by the man who appointed him.

Now this is where it gets complicated since we see that there are certain mitzvot that one can appoint a non-Jew as a shaliach on their behalf, so it would seem as a contradiction in Halacah, for example:

Burning the chametz before Pesach.

We know that there is a biblical mitzvah to burn all one's chametz before Pesach, as it is written:

שמות פרק יב, טו

אַךְ בַּיּוֹם הָרִאשׁוֹן תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם

Exodus 12:15:

on the first day you shall remove leaven from your houses

The question is whether one may send a non-Jew to burn his chametz on his behalf?

The Magen Avraham in Siman 446, Seif Katan 2 writes that one can fulfill the mitzvah of biur chametz through a non-Jew who does it on his behalf. (The Magen Avraham discusses a case where one finds chametz during Pesach, whether one may ask a non-Jew to burn it for him.)

Rabbi Akiva Eiger asks that since there is a rule that a non-Jew cannot perform any mitzvot on your behalf, how can the Magen Avraham write that by a non-Jew burning your chametz on your behalf is as though you have performed the mitzvah of Tashbisu?

Hagaon Harav Fried Shlita (Azamroh Li’shmecho - issue 274) offers two possible explanations for this:

1. There are two categories of shelichut: one where a shaliach is appointed to enact on your behalf a legal status , like divorce, marriage, and sale.
   However, in matters that require only an action , such as burning the chametz, in this case, one can appoint a non-Jew.
2. Or we can explain the Magen Avraham as follows; that all mitzvot cannot be performed on your behalf by a non-Jew. However, burning the chametz is only a means to rid yourself of having any chametz; therefore, even if a non-Jew burns the chametz, the Jew who appointed him has fulfilled the mitzvah of not having chametz in his domain.

The halacha follows the opinion of the Magen Avraham, and one may send a non-Jew on their behalf to burn their chametz if it is difficult for them to do so. This is brought in the Mishnah Berurah Siman 446 seif katan 7.

A non-Jew lighting Shabbos candles on your behalf:

The Magen Avraham in Orach Chaim, Siman 263 writes that someone may ask a non-Jew to light the Shabbos candles on their behalf. (The Magen Avraham discusses a situation where someone gets married on Erev Shabbos and wants to send a non-Jew to light the Shabbos candles on his behalf.)

However, Rabbi Akiva Eiger asks how can one send a non-Jew to light the Shabbos candles, since a non-Jew cannot be a shaliach?

The halacha follows the opinion of Rabbi Akiva Eiger in this case, as brought in the Mishnah Berurah Siman 263 seif katan 21

So one can ask, isn't it a contradiction in halacha if we follow the opinion of the Magen Avraham with regard to burning the chametz, and when it comes to the halacha of lighting the Shabbos candles, we follow the halacha of Rabbi Akiva Eiger?

It must be that the Mishnah Berurah holds like the second explanation above. Therefore, mitzvot like burning the chametz, which is merely a means to getting rid of the chametz and not a mitzvah in itself, differ from the mitzvah of lighting the Shabbos candles. Lighting the Shabbos candles is a mitzvah in itself—to light the candle, not just that there should be candles lit in the house. Therefore, such a mitzvah would not be able to be done by a non-Jew on your behalf.

As you see, the halacha of shlichut is quite complex, and each mitzvah one would have to know under which halachic category it belongs.

Wishing you much health and arichut yamim.

Azamroh Li’shmecho - issue 274

Tractate Kidushin, page 41a/b.

Magen Avraham, Siman 446, Seif Katan 2.

Rabbi Akiva Eiger, Ibid

Mishnah Berurah, Siman 446, Seif Katan 7.

Mishnah Berurah, Siman 263, Seif Katan 21.