Q: I work doing home visiting and counseling for the elderly for Medicaid. Because there is no actual melachah involved, may I work as usual on Shabbos and Yom Tov? Why?
A: Rambam (Hil. Shabbos 23:12-13) writes that Chazal prohibited business transactions on Shabbos, even if they do not entail melachah — such as a verbal hiring agreement — lest the parties come to write on Shabbos. The prohibition is on both the seller and buyer so that even if one party is gentile, it is still prohibited (O.C. 306:3; Mishnah Berurah 306:33, 323:1).
Moreover, Yom Tov is referred to in the Torah as “Shabbaton,” a day of rest. Sifra derives from this to prohibit even what are generally Rabbinically forbidden activities. Ramban (Vayikra 23:24) and other commentators understand from this that to conduct “business as usual,” even without performing melachah, is prohibited mid’Oraysa as violating this requirement that Shabbos and Yom Tov be days of rest (Chasam Sofer C.M. #195).
Thus, Ha’amek She’eilah (42:10) suggests that hiring workers on Shabbos itself could entail a Biblical violation, but the opinion of Rav Akiva Eiger that it is prohibited only mid’Rabbanan.
Therefore, although your work does not entail actual melachah, it is prohibited to work on Shabbos and Yom Tov, certainly in a regular manner.
