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If my deal with my Gardener is that I pay him for the month and he comes once per week and he decides to come on Shabbos this week, do I have to make a Macha’ah and tell him not to do his work on Shabbos?

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  • It's an issue of schar Shabbat. Not marit ayin. Have to tell the guy to stop since it's on your property
    – Mordechai
    Jan 14 at 17:15
  • @Mordechai let’s leave the s’char Shabbos shailah for now, I don’t believe it is an issue of Schar Shabbos as the Gardener is a Kablan and he is choosing Saturday on his own volition and no agreement was made to do it on this day
    – y_g
    Jan 14 at 17:48
  • @יהושעק no, he is not jewish, that would be a different shailah
    – y_g
    Jan 14 at 21:05

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Mishna Berurah 244:14 (summarized in handy English translation here states that

"the work being performed by the non-Jew may not involve things that are connected to the ground, such as buildings or crops....

The non-Jew may not even chisel stones or prepare boards for the building in public if it is known that they belong to a Jew. (Some authorities permit this so long as it is not known that the work is being done for a Jew – Rema 244:2. If the lumber or stones belong to the non-Jewish contractor, it is permitted so long as he does not do so on the Jew’s property – Mishnah Brurah 244:14.) Similarly, one may not permit a non-Jew to plow, reap, or otherwise work in his field even if they set a predetermined flat rate."

Essentially, any work on a Jew's property is assur, and farming and gardening are also separately forbidden.

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  • thank you. The issue I’m having is that there seems to be a general rule brought by Tosefos in Maseches Shabbos of כל העיר בקבלנות which may take care of the Mar’is Ayin problem, if it can be applied. To what degree this rule can be used and when to apply it is still unclear to me
    – y_g
    Jan 15 at 13:01

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