Next Day Delivery on Shabbos

Question: Am I allowed to order something online to arrive on Shabbos?
Answer: The Mishna (Shabbos 121a) writes that one mustn’t ask a non-Jewish person to extinguish a fire on Shabbos. Rambam (Shabbos 6:1) writes that this prohibition (amira leakum) is miderabanan (See Shaar Hatziyun 243:7).
The Shulchan Aruch (OC 244:1) writes that one may pay a non-Jewish person to do a melacha for them if they don’t specify that it needs doing on Shabbos. Thus, one may give one’s car in to a garage on Friday and pick it up after Shabbos providing they have enough time to do it before or after Shabbos if they want. The Mishna Berura (244:24) notes that this must include daytime hours when it normal for one to work.
Thus, the Shulchan Aruch (OC 247:1) allows one to pay a delivery man to deliver a parcel without worrying when they’ll deliver it, providing that they weren’t specifically instructed to deliver it on Shabbos. Likewise, the Mishna Berura (247:4) writes that if they have been instructed to deliver the parcel on a particular weekday, they must have enough time to travel there without travelling on Shabbos.
Nonetheless, the poskim write that there are a few reasons to be lenient to allow sending a parcel that will arrive on Shabbos.
Firstly, R’ Mordechai Yaakov Breish (Chelkas Yaakov 1:65) and others write that as the deliveryman is delivering so many other parcels along with this one, they are not performing melacha especially for the Jew. The Mishna Berura (318:13; Shaar Hatziyun 316:33), however, writes that this may still be problematic mideoraisa.
Additionally, the Chavos Yair (53) writes that while one mustn’t instruct a non-Jewish person to perform melacha on their behalf, one may ask them to instruct a second person to do so (amira leamira). According to the Chasam Sofer (OC 60) this is especially true when the instructions were given before Shabbos. The Mishna Berura (307:24; Biur Halacha 307:2) writes that one can only do so to avoid a major financial loss.
Based on this (and other reasons), R’ Pesach Eliyahu Falk (Machazeh Eliyahu 37) says that there is no issue in sending a package to arrive on Shabbos.
The consensus of poskim (Minchas Yitzchak 6:18; Teshuvos Vehanhagos 1:278:2; Shemiras Shabbos Kehilchasa 31:20), however, is not to do unless there is an urgent necessity. 
In conclusion, one should avoid ordering something to specifically arrive on Shabbos unless one really needs it then.

Comments

Post a Comment

Popular posts from this blog

Beracha on Tasting Food

Question: I frequently taste food while cooking. Should I recite a beracha? Answer: Rambam (Berachos 1:2) states that one is not required to recite a beracha before tasting food. However, Rabbeinu Chananel (quoted by Tosefos, Berachos 14a) holds that one must recite a beracha , unless they spit the food out (see Tur OC 210:2). The Shulchan Aruch (OC 210:2) rules that if one tastes less than a revi’is of food and spits it out, they do not need to say a beracha . There is, however, a difference of opinion as to whether a beracha should be recited if the food is swallowed. The Mishna Berura (210:19) explains that the Shulchan Aruch follows the opinion of Rambam, meaning that one would not recite a beracha regardless of whether the food is swallowed. The Rema adds that safek berachos lekula , in cases of doubt as to whether a beracha is necessary, the lenient approach is followed, as most berachos are derabanan . However, the Mishna Berura (ibid., Shaar Hatziyun 210:30) notes...
Read more

Wait Until Nacht to Count the Omer

Question: When is the best time to count the omer if I am not davening maariv with a minyan at nacht ? Answer: The Beis Yosef (OC 489:1) highlights a machlokes regarding whether one may count the omer during bein hashemashos (the time between shekia , sunset, and nacht , nightfall). The Rosh, (Pesachim 10:40), Tur (OC 489:1) and Tosafos (Menachos 66a) argue that since counting the omer is miderabanan nowadays, it is permissible to count from shekia . On the other hand, Rambam (Temidin Umusafin 7:22) and the Ran (Pesachim 28a) assert that one should wait until nacht . Following this reasoning, the Mishna Berura (489:14) states that, ideally, one should wait until nacht to count (see Aruch Hashulchan OC 489:7). Other poskim , including the Bach (OC 489:1), Shulchan Aruch Harav (OC 489:12) and R’ Ovadia Yosef (Yechave Daas 1:23) write that it is acceptable to count after shekia . The Shulchan Aruch (OC 489:1) advises that the omer should be counted after maariv . The Mishna Beru...
Read more

Concluding Chazaras Hashatz

Question: I often see the chazzan take three steps back and forward after finishing his chazaras hashatz . Is this necessary? Answer: The Gemara (Yoma 53b) teaches that one should take three steps back upon completing the amida . The Shulchan Aruch (OC 123:1) explains that this is done by turning first to the left, then to the right, and finally bowing forward while reciting ‘oseh shalom..’. This gesture is compared to a servant taking leave of their master. The Beis Yosef (OC 123:1) provides several explanations for this practice. Quoting the Shibolei Haleket (18), he notes that stepping backward symbolises leaving the sacred space of prayer and re-entering the mundane world. The Shulchan Aruch (OC 123:4) rules that the chazzan should only take three steps back after completing his silent amida , not after chazaras hashatz . However, the Rema adds that if the chazzan has not yet recited his own silent amida , he is required to take three steps back after chazaras hashatz ....
Read more