The Daily Halacha Moment - Getting Paid For Work Done On Shabbat
״כל השונה הלכות בכל יום - מובטח לו שהוא בן העולם הבא״ (נידה עג ע״א, מגילה כח:)
“Anyone who studies Halachot every day is guaranteed that he is destined for the world-to-come” (Megilla 28b, Niddah 73a)
Question:
May one get paid for a service one does on Shabbat?
May a chazan get paid for his shabbat services?
Answer:
One may not work on Shabbat if they are paid specifically for the work done on that day. However, if a person is paid for services rendered throughout the week or on a monthly basis, they may include the work done on Shabbat within that payment. This practice is referred to as “havla’ah”. For example, when paying a babysitter or security guard for their work on Shabbat, one should pay them based on the work performed throughout the entire week or month, rather than paying solely for the hours worked on Shabbat. When requesting payment, the worker should not specify that the payment is for Shabbat work; instead, they should ask for their weekly or monthly salary in general terms.[1]
It is also important to note that one cannot be paid for working on Shabbat without using havla’ah, even if the payment was made before Shabbat. [2]
It is not only permissible but preferable to pay a chazzan for their services on Shabbat. Paying a chazzan encourages punctuality and ensures a higher level of performance.[3] This principle also applies to those who teach Torah classes on Shabbat or supervise kashrut at institutions like hotels or catering halls.[4]
Sources:
[1]. Shulchan Aruch 306:4. See also Piskei Teshuvot, siman 306, footnote 65 who discusses if one’s pay on Shabbat is greater than what one earns during the weekday.
[2]. Shemirat Shabbat KeHilchatah 28:60; Yalkut Yosef, Shabbat, vol. 2, p. 120.
[3]. Shulchan Aruch 53:22. See also Yechaveh Daat 1:53; Chazon Ovadia, Yamim Nora’im, p. 39; ibid., Shabbat, vol. 6, p. 3; Yalkut Yosef, Yamim Nora’im, pp. 108—110; and Ohr LeTzion, vol. 4, 5:8. Orchot Maran, vol. 1 p. 196 writes that this was also the custom of Chacham Ovadia Yosef, who would specifically hire a chazzan and pay him his wages immediately after Yom Tov (for Rosh HaShanah and Yom Kippur). See also Igrot Moshe, O.C. vol. 5, siman 18, 306:5, who states that a chazzan or baal koreh should prepare the reading during the weekday as well, so that this way his pay will also be considered through havla’ah. Yalkut Yosef, Kitzur Shulchan Aruch, 306:15 also points out that this is the preferable thing to do as well, even though havla’ah is not required since this is considered a mitzvah purpose.
[4]. Chazon Ovadia, Shabbat, vol. 6, p. 8; Yabia Omer, vol. 5, 25:9. See also Yalkut Yosef, Shabbat, vol. 2, p. 124 who states that even a mashgiach who accepts payment through havla’ah is praiseworthy.
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