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...
Purim- Is A Megilah Considered Kasher If It Has Nekudot, Taamim, Pictures, or If It Contains The Berachot
Are Ladies Obligated In Hearing Parashat Zachor
Purim- Meat and Bread at the Seuda
When Should The Bar Mitzva Be If Either; There Are 2 Months of Adar That Year, Or If Born In A Year With 2 Months Of Adar
Purim- If One Forgot Al Hanisim in the Amidah or Birkat Hamazon
Purim- Can You Put 2 Mishloach Manot Into One Basket
Purim- Is It Permissible To Work Or Get Hair Cuts On Purim
Purim- Is the Individual Mitzvah Fulfilled If A Mishloach Manot Is Collectively Given By A Group
Purim- What Constitutes The Required 2 Mishloach Manot
Purim- Seudat Purim When Purim Falls Out On A Friday
Purim Day Message 5764 (2004)
Purim- Is The Megilah Considered Muktze On Shabbat
Purim- Writing - Handling - Reading - and Hearing The Megilah
Putting on Tefilin and Tallit at Home before Going to Bet Knesset
The Proper Kavana When Donning Tefilin
Page of 239
3585 Halachot found