Monday 7 January 2008

Bichdei Shyasuhu

Where does BS"Y start?
Lets say that a A"Y bought chips from the store two blocks away from ones house, but there is another store down the block. Does one have to wait the time it takes to drive and buy the chips from the actual store or can one wait the amount of time it takes to go to the closest store?

2 comments:

Yechiel said...

B"H

In my humble opinion, bichdei sheya'asu in this case would be the time taken to buy the item from the actual store and transport it to the house, i.e. the amount of time during which Shabbos was breached. This assumes that the recipient knew where the item was purchased AND that the item was purchased on Shabbos.
If the item was not purchased on Shabbos, but was merely transported on Shabbos, bichdei sheya'asu would be the amount of time taken to transport it from the gentile's house.
If the item had been purchased by a JEW during the week and had been transported by him b'shogeig on Shabbos, there would be no requirement to wait bichdei sheya'asu. Indeed, there might be grounds for permitting hana'ah on Shabbos itself, having regard to the Chayyei Adam cited in the second (I think) Biur Halacha to Siman 318, divrei hamatchil "achat mish'ar m'lachot".

Kol Tuv,
Yechiel Conway.

Niss said...

I think Yechiel is right. It would be the time it took the A.Y to go on Shabbos and do the Melacha. This is a machloces between the M.A in siman 325 sief 8 anf the Tos Shabbos there. The M.A learns that Bichdei Shyasuhu is the time it takes for the Melacha to be done so if the A.Y was riding on a horse you wouldn't have to wait so long. However the T.S says that it is the time it would take the Jew on motzei Shabbos to do the Melacha as this is what benefits him. See the M.B here who is posek like the M.A.

Regards,

Doniel