It's voting day, so we wrap up the halachot of voting. Rabbi Shay Tahan asks: a shul or a community needs a vote, and the only time everyone is together is Shabbat afternoon. Can they vote on Shabbat?
- Rav Elyashiv was asked this question. He starts from the Magen Avraham (Siman 322, brought in the Mishnah Berurah): it is forbidden to cast lots (le'hatil goralot) on Shabbat, either because of mekach umemkar (it leads to business on Shabbat) or because of mesachek be'kubiya, gambling.
- Why gambling is a problem: asmachta lo kanya. Each player puts up his money sure he will win, so the winner doesn't truly acquire it; it's a kind of gezel miderabanan, and a dice player is pasul le'edut.
- Rav Elyashiv: voting is not a lottery. Each person gives his opinion, the votes are counted and a decision is made. The Levush's concern (shema yichtov, that he may come to write) doesn't forbid it either: mikar hadin it is permitted.
- The exception: don't elect a new committee, gabbai or shamash on Shabbat. It brings up all the bad things the previous committee did: lashon hara, divrei chol and devarim asurim.
- Shulchan Aruch 306: "mimtzo cheftzecha vedaber davar" forbids weekday talk and errands on Shabbat, but cheftzei shamayim are permitted: cheshbonot shel mitzvah, pledging tzedaka, shidduchim, and pikuach al iskei rabim, looking out for the public.
- Rav Elyashiv permits it only when the public stands to lose; the Chelkat Yaakov permits it even to build or improve. The Meiri: one may gather in the shul and the beit midrash on Shabbat to decide how to act.
The conclusion: a community may gather and vote on Shabbat for something it needs. Voting is not a lottery, so there's no issur of goralot. But avoid electing a new committee on Shabbat.
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