Amira L'Akum - Untying Knots

Question

My husband bought me a new dress last Shemini Atzeres. When I tried it on two weeks before Yom Tov, it fit fine. However, after a week of festive meals, it seems that I gained some weight, and when I tried to wear dress on the last day of Yom Tov, it no longer fit me.

I was quite distressed and upset at myself for not watching my weight, but when I looked at the dress, I noticed some strings tied on the back that, when undone, could loosen the waist. I realized that I can’t untie the knot myself, but I asked my non-Jewish neighbor to do it for me. A short time ago, someone told me that I may not have acted properly and I want to check with the rov.

Thanks.

N. K.

Rav Auerbach 

It is permitted to ask a non-Jew to do a melacha derabbonon in a number of circumstances, including a case of a mitzvah (Shulchan Aruch 307:5). In your case, we must determine if you were asking the non-Jew to do a melacha derabbonon or a Torah prohibition. Then we must determine if this is a case of a mitzvah. 

The Rishonim discuss under which circumstances one violates the melacha of matir, untying a knot. Some rule that untying a knot is only considered to be a Torah prohibition if one intends to retie it afterwards (Tosafos, Rosh, Shabbos 73a). They view untying a knot like erasing writing and destroying a building, which may only be a Torah prohibition if one intended to write something new or rebuild in the place the first building was knocked down.

Other Rishonim imply that the melacha of untying a knot applies in all circumstances (Rambam and Smag). They rule that one violates a Torah prohibition when untying a knot for any constructive purpose, even if one has no intention to re-tie the knot. However, since many poskim follow the first understanding (Bais Yosef and Levush 317:1), and in a case of need, one can certainly rely on these opinions in a situation of amira l’akum.

Based on the above, if you asked the non-Jew to untie the strings and then retie them immediately, this is definitely a Torah prohibition and it would be improper to ask a non-Jew to do this. I assume that since you gained weight, you were not planning to re-tie these strings with a permanent knot in the near future.

The next issue we must deal with is whether this was a case of need. Chazal teach us that simchas Yom Tov for men is wine and for women is new clothing. Therefore, since there is a mitzvah of simchas Yom Tov to wear this dress, it is permitted to ask the non-Jew to untie the knot without retying it.