Opening a shop on Shabbos for an emergency

Hi Rabbi, This past Shabbos, I was planning to make a kiddush for the birth of my daughter, but I forgot to buy herring and crackers. I asked the owner of a shop if he would be willing to open the shop for me on Shabbos. He was shocked and nearly fainted, saying, "What? Open the shop on Shabbos? I will not desecrate Shabbos for any price!" In the end, I found a friend who is a gabbai of a shul, and he had extra herring, which he kindly gave me for the kiddush. My question is: was it indeed forbidden for the shop owner to open the shop on Shabbos to help me?

Thank you for your question. Wow! Yes, it is important to understand the halachot of opening a shop on Shabbos in such a situation, as there are specific guidelines on how it may be done. We know that it is forbidden to sell merchandise on Shabbos. This is brought in the Rambam, Hilchos Shabbos, Perek 23, Halacha 12. The reason engaging in any kind of transaction of ownership, like selling merchandise, is forbidden is that generally when one transfers ownership of an item, they normally write it down either for the record or to make the transfer official and legally binding. Therefore, the rabbis were concerned that by doing so on Shabbos, one may come to write a document, as is customary when transferring ownership, and they prohibited doing sales on Shabbos. This halacha does not only apply to buying and selling goods; it even applies to giving someone a present, as this is also considered a transfer of ownership. Therefore, it is forbidden on Shabbos. In practice - Gifting on Shabbos: If, for example, someone is invited out for a Shabbos meal and wants to bring a present, it would depend on the gift he is bringing. If it is something that can be enjoyed on Shabbos, such as a cake or a bottle of wine, it is permitted to give it, as it is considered le’tzorech Shabbos, and the halacha is lenient in this case. However, if it is something not necessarily connected to Shabbos, the guest should arrange before Shabbos for someone else to acquire the gift on behalf of the host. If he forgot to do so before Shabbos, the guest may still give the present on Shabbos, but the host should have in mind not to acquire the item until Shabbos is over. (This is brought in the Mishnah Berurah 306:33). משנה ברורה סימן שו והנה מקח וממכר אחד בפה ואחד במסירה אסור גזירה שמא יבוא לכתיבה. וגם אסור ליתן מתנה לחבירו דדמי למקח וממכר שהרי יוצא מרשותו אלא דבמתנה מותר כשהוא לצורך שבת ויו"ט. We see that any type of selling or transfer of ownership is forbidden, except when it is for the sake of Shabbos itself where we find that the halacha is lenient. Therefore, in your case, since the food you wanted was intended to be enjoyed on Shabbos, it would be permitted for him to give it to you, even though there was a transfer of ownership. Sale on Shabbos: Since in your case it was not given to you as a present but rather it was a sale, the Chachamim ruled that, because it is food needed for Shabbos, it is permitted. However, it must be done in a manner that is different from how it is done during the week. So how this can be done? The Shulchan Aruch ( OC Siman 323) gives the guidelines as follows: 1. When approaching the owner of the shop, one should not say, “Sell me this product” or “Can I buy this product.” Instead, one should say, for example in your case, “Please can you give me ten strips of herring.” (Mishnah Berurah, Siman 323:1) 2. Similarly, one should avoid mentioning a specific weight of food. Instead, one should say something like, “Fifteen apples.” 3. Additionally, one should not explicitly say, “I will pay you after Shabbos.” Instead, one should say, “We will sort it out after Shabbos” or “I will give it to you after Shabbos.” If the shopkeeper is concerned about receiving payment after Shabbos, one may leave a collateral with the owner. However, one should say that this is a collateral in case of non-payment. All of this applies only in a case where there is a kosher eiruv and no issues with activating any alarm system or similar concerns. Mazal tov! May you merit to see much nachas from your baby daughter.

Shulchan Aruch, Orach Chaim: Siman 306 Mishnah Berurah ibid Talmud Bavli, Masechet Shabbat: Daf 73a and 149b