Keeping Shabbat: Law or Loophole?

To some secular observers, it can appear that religious Jews are trying to outsmart Hashem. Practices such as selling chametz before Passover, using a Shabbat clock, or relying on a non-Jew on Shabbat can seem like clever loopholes designed for convenience rather than sincere observance. At first glance, these practices raise understandable questions. If something is forbidden, how can it suddenly become permitted through technical arrangements?

What the Torah Forbids and What It Allows

Rabbi Pinchas Budosh explains a basic principle of Jewish law: what the Torah prohibits, it prohibits. What it does not prohibit, it permits. The Torah forbids a Jew from desecrating Shabbat, but it does not forbid scheduling actions before Shabbat that will occur automatically during Shabbat.

This distinction is essential. When a person sets a Shabbat clock before Shabbat begins, they are not performing any forbidden act on Shabbat itself. The action was completed beforehand, during permitted time.

But You Caused It to Happen

One might still argue that even if the action was done before Shabbat, you are ultimately the cause of what happens on Shabbat. However, Jewish law focuses on when and how the action was performed. Since nothing was done during Shabbat itself, there is no violation.

A similar question arises with the sale of chametz before Passover. At first glance, it can feel like a formality. The chametz often remains in the same kitchen, seemingly unchanged.

Is the Sale of Chametz Real?

Rabbi Budosh clarifies that the sale of chametz is a fully valid legal transaction. Once the contract is signed, the chametz genuinely belongs to the non-Jew. It is no longer the Jew’s property during Passover.

After Passover, the non-Jew usually sells it back. However, if they chose not to, they would be legally entitled to keep it and receive payment. The Torah forbids possessing chametz during Passover, not seeing it. The sale resolves the prohibition in a legitimate and binding way.

The Torah often works this way. It forbids certain actions, but also provides lawful tools to live within those boundaries.

Asking a Non-Jew on Shabbat

Another common misconception involves asking a non-Jew to perform actions on Shabbat. Many people assume this is always allowed, but in reality, the laws are quite limited.

A Jew is not permitted to directly instruct a non-Jew to perform forbidden work on Shabbat. Instead, the non-Jew must act on their own initiative. For example, a Jew may not ask someone to turn off the air conditioning. However, if the Jew mentions feeling cold, and the non-Jew independently decides to turn it off, the action is considered their own decision.

This distinction is subtle and carefully regulated. One may not say, “Please fix the circuit breaker,” but could express discomfort without issuing a command.

Why Not Use a Shabbat Clock for Everything?

This raises another question. If actions scheduled before Shabbat are allowed, why is it forbidden to turn on a television with a Shabbat clock and watch it on Shabbat?

Rabbi Budosh explains that watching television involves benefiting from people who are actively desecrating Shabbat, such as those working in studios, broadcasting stations, or power companies. Benefiting from the desecration of Shabbat is itself prohibited.

What About Music Playing Automatically?

What if a device was turned on before Shabbat and continues playing music on Shabbat, without anyone working?

Here, the issue is different. Shabbat is not only about avoiding labor. It is also about preserving a sacred atmosphere. Activities that turn Shabbat into a weekday experience undermine its purpose.

For example, reviewing business documents on Shabbat is forbidden, even if no physical labor is involved, because it pulls a person into a weekday mindset. Listening to music in this way may not involve work, but it can still diminish the holiness of Shabbat by trivializing its unique character.

The Hebrew term for desecrating Shabbat is closely connected to the idea of turning something sacred into something ordinary.

A Broader Perspective on Permission

Rabbi Yitzhak Fanger adds an important perspective. If Hashem forbade creative work on Shabbat, why should a Jew restrict actions taken before Shabbat? Setting a Shabbat clock days in advance does not violate any commandment.

That said, there is a clear difference between using technology set beforehand and employing a non-Jew on Shabbat. The latter is only permitted in specific cases, such as for a mitzvah or for someone who is ill, and only in carefully defined ways. One cannot freely bypass the boundaries of Shabbat as set by the sages.

Are These Clever Tricks?

Rabbi Fanger addresses this concern directly. A person may choose to be stricter for themselves, but when the Torah permits something, it is not a desecration to use that permission. There is no reason to forbid what the Torah itself allows.

Using the tools of modern life is permitted as long as it does not violate Shabbat, disrespect its sanctity, or involve forbidden actions during Shabbat itself.

Conclusion: Living Within the Torah, Not Around It

These practices are not about trickery or shortcuts. They are about carefully living within the framework of halacha, respecting both the letter and the spirit of the Torah. Shabbat is meant to elevate life, not make it unlivable. When used properly, the permissions within Jewish law help preserve Shabbat’s holiness while allowing Jews to live responsibly and thoughtfully in the modern world.