DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.42 MB)
Sending Express Mail over Shabbat

In general, the Halacha permits engaging a non-Jew in a task, as long as it was not stipulated that the work be performed specifically on Shabbat and the payment was a fixed price. This is the basis for permitting sending of mail or submitting clothes to the cleaners on Friday. Even though the non-Jew may do the task on Shabbat, it is considered as though he is working for himself. It was his choice to do so for his own convenience. As far as the Jew is concerned, the task could have been performed after Shabbat.

However, sending express mail on Friday poses a serious Halachic problem. Since it "absolutely positively has to get there overnight," it is tantamount to the Jew directly instructing the non-Jew to work on Shabbat. There is no way for the letter to arrive at the specified time without non-Jews transporting it on Shabbat at the behest of the Jew.

The Shevut Yaakov, in his responsa, discusses a possible leniency to send express mail over Shabbat. He bases his approach on a famous dispute between Rabeinu Gershon and the Havot Yair as to whether Amira L’Amira is permissible on Shabbat. That is, is a Jew allowed to instruct a non-Jew to instruct another non-Jew to perform melacha on Shabbat? While telling a non-Jew to work is certainly prohibited, does the addition of an intermediary render it permissible? According to the Havot Yair (siman 49), Amira L’Amira is permitted for the sake of a misva or in the event of monetary loss. Therefore, if one submits an envelope to a non-Jewish employee or postal clerk who then gives it to the non-Jewish mail carrier, e.g. Staples or a mailbox company gserving as agents to give the letter to UPS, this would constitute Amira L’Amira. Such a case would be permitted for the sake of misva or other urgent need.

However, one should be careful not to pre-label the package himself with the address and delivery instructions. This may constitute a directive from the Jew directly to all of the non-Jews engaged in the delivery.

This approach is adopted by the Shemirat Shabbat K’hilchata (Ch. 31), Rav Pinhassi in his work V’Daber Davar and Hacham David in his work on Amira L’Akum.

SUMMARY
It is permitted to send express mail over Shabbat only for the sake of misva or urgent need, as long as the Jew does not pre-label the package with delivery instructions.

 


Recent Daily Halachot...
Passover- Searching for Hametz in the Synagogue
Passover- Do Not Regard Meat As 'This Is For Pesach'
Passover- If A Hametz Pot Was Mistakenly Used For Pesach Cooking
Passover- The Laws regarding Glass Dishes On Passover and Throughout The Year
Passover- The Time To Start the Seder and Saying HALLEL At The End of The Seder
Passover- The Importance of MAGID In The Seder , and Leaning on the Night of Pesach
Passover- Is It Permissible To Drink Milk from A Non-Jew Owned Farm Cow Which Itself Consumed Chametz
Passover- Kashrut Questions and Answers Regarding Baby Formula, Sugar, Rice, and Food for Live Fish
Passover- Is It Permissable To Eat ROASTED Foods On Seder Nights
Passover- If A Tiny Amount of Hametz Falls Into A Pot & Cooking in Hametz Pots
May Two People Eat Meat and Milk at the Same Table?
Smelling Forbidden Foods; Heating Meat and Dairy Foods in a Microwave Oven
Drinking Non-Dairy Milk While or After Eating Meat
Serving at a Meat Meal Parve Foods That Were Served at a Dairy Meal
Is It Permissible to Use A Meat Pot To Cook A Parve Item That Will Be Mixed With A Dairy Item
Page of 239
3585 Halachot found