Should I make Havdalah in the taxi?

Should I make Havdalah in the taxi?

A traveler may be in a halachic quandary upon flagging down a taxi after Shabbos—and finding themselves face-to-face with a Jewish driver. Did the taxi driver make Havdalah (the ceremony which ushers out Shabbos)? If a Jew may not do melachah (work) before distinguishing Shabbos from weekday verbally, may I use his services—or am I causing his chillul Shabbos (desecration of Shabbos?) This predicament can be quite prevalent in certain demographics, especially in Eretz Yisroel, and may pose a problem until Tuesday afternoon, when the opportunity for making Havdalah expires.

A solution that has been proposed: the traveler should bring wine and other paraphernalia in order to recite Havdalah for the taxi-driver. But this is impractical and would, in almost all cases, not be well-received.

Others have suggested the more benign benediction of “Shavuah Tov/Gut Voch” (Have a great week!) to replace the need for the actual ceremony, but this has been rejected by most poskim as an insufficient method of Havdalah. The passenger can however say, more emphatically, “What a beautiful Shabbos we had; Baruch hamavdil bein kodesh l’chol!” (“Blessed are You Who divides the holy from the profane,” the essence of the Havdalah ceremony, after which it is permitted to do melachah). Most taxi drivers would probably not object to such comments. (It should be pointed out, however, that this “fix” does not suffice when calling a predominantly Jewish taxi base; the passenger would be accountable for the distance the Jewish driver travels to pick him up.)

However, there are several halachic arguments cited, which obviate the need for hearing Havdalah: Firstly, the Havdalah ceremony is an obligation for the shomer Shabbos (a person who keeps Shabbos) in order to resume every-day melachah (work). A person like the taxi driver who (out of ignorance or design) does melachah on the holy day anyway, does not have the same requirement for Havdalah, as there is no havdalah (distinction) between weekday and Shabbos.

Alternatively, we can consider the issur (restriction) on melachah before reciting Havdalah as a method to remember Havdalah–only required if a person actually intends to make Havdalah. Otherwise, the passing of Shabbos is of itself sanction to proceed with everyday work.

Additionally, the rationale for restricting melachah prior to Havdalah is to further emphasize the separation between Shabbos and weekday. Once melachah is already performed by the taxi driver in his car, there is no additional issur in doing more melachah before Havdalah.

https://halacha2go.com?number=610

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.