Siman 243 – Renting real estate to gentiles over Shabbos
In general there are 3 types of hiring arrangements for real estate that generates profit:
Arisoos – you hire the gentile to work on your property and share the profits.
S’chiroos – you rent the property to the gentile – all profits are his and he pays you a fixed amount for the term of rental.
Kablanoos – you pay the gentile a fixed amount for his work and you get all the profits. Kablanoos is forbidden on Shabbos because the gentile is your shaliach to do melacha on Shabbos. (MB1)
Arisoos and s’chiroos are allowed over Shabbos because the gentile is working for his own profit. Exception: if the terms of s’chiroos is day by day, you aren’t allowed to be paid for the Shabbos rental – it is pure s’char Shabbos. (MB3)
Melacha may not be done for a Jew even if the gentile acts without being instructed – you must protest. (MB5)
There are cases of arisoos and s’chiroos which are forbidden only because of maris ho’ayin – people think that you have a kablanoos arrangement and are transgressing the halacha. Any case where your property is well known to be yours and people see gentiles working with it on Shabbos, and arisoos / s’chiroos is uncommon for such property in your area – it is forbidden to rent it out to a gentile. (ShA1 – MB4,8)
In case of transgression that the gentile paid the Jew, can the Jew keep the money? If the issur was “only” due to maris ho’ayin, the money may be kept. If it was proper s’char Shabbos (see above #13) or the gentile was working in a kablanoos deal, the money is forbidden. (MB16, ShaH19)