Responsum: On Benefiting from a Non-Jew’s Fire on the Sabbath

Ever since I was a young man, I have been amazed at those who forbid Jews to warm themselves at a non-Jew’s fire that was made for a Jew. I saw my own father and teacher, and R. Meshullam as well, who were both very particular, warming themselves in this way, and other great men would do the same. The reason is as follows.

It is generally accepted that all [babies] are considered unwell with respect to circumcision [b. Pesaḥim 69a].¹ [Even] when there is no immediate danger to the child, one has a non-Jew heat the water. In just this way, all are considered unwell with regard to cold. Even if they are not literally unwell, they are at least suffering. And again, it is accepted that one who is groaning with pain may suck an animal’s milk on the Sabbath [b. Ketubbot 60a]. Even though he is resolving the difficulty in a somewhat unusual manner, the sages did not forbid it [even though there is no immediate danger]. And they ruled there that this is the law. The law does not follow Abba Saul, who said that this is forbidden on the Sabbath [b. Yevamot 114a]. For in a case where there is suffering, the sages, and Abba Saul as well, forbade only a nonrestful action. But when no action is performed, they did not forbid it, as in the case of the man drinking milk. And were it not that they would challenge me, I would even permit one to ask the non-Jew explicitly to light the fire. Certainly, if the non-Jew lights a fire on his own for the Jew, the Jew is permitted to warm himself. One ought not be strict when discomfort is involved. After all, when it comes to a non-Jew putting ointment on a Jew’s eye on the Sabbath, even if the Jew opens and closes his eyes, it is agreed that such help is insignificant, and is permitted. All the more so in this case, where the Jew has touched nothing and done nothing. He has not even puckered up his mouth. And this is a case where even an action is permissible, to wit, extinguishing a hot piece of metal [in the ritual bath to warm it] when the high priest is in distress [but must immerse]. For if he is sick, elderly, or sensitive, they toss pre-heated lumps of iron into the cold water, to warm it up [b. Yoma 34b]. And everyone is sensitive to cold and is permitted to warm up. Let my portion be with those who warm themselves and not with those who turn aside! Let those who warm themselves delight themselves in the abundance of peace (Psalms 37:11).