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...
The Sephardic Custom Concerning the "Yihud" of a Bride and Groom
The Wedding Ceremony – The Proper Pronunciation of “Al Yedeh Hupa Be’kiddushin”; the Custom to Break a Glass
Reciting Sheva Berachot After Sundown of the Seventh Day After a Wedding
Reciting Sheba Berachot at a Meal That Was Not Specifically Prepared for the Bride and Groom
May a Person Who Did Not Eat at a Sheba Berachot Celebration Recite One of the Berachot?
Sheba Berachot – If Somebody Did Not Eat Bread at the Meal, Reciting the Berachot Seated
Are the Sheba Berachot Recited if the Bride and Groom Did Not Eat?
Reciting the Sheba Berachot if the Bride and Groom are Not Present
Nidda – Abstaining During “Onat Ha’hodesh” and “Onat Hahaflaga”
The Obligation to Abstain From Relations at the Time When the Wife is Likely to Become a Nidda
The “Tikkun Ha’kelali” – Repairing the Damage Caused by Making Oneself Impure
The Proper Procedure for Sheba Berachot That is Not Held in the Couple’s Home
Making Weddings at Night
Does Dandruff in the Hair Disqualify a Woman’s Immersion in a Mikveh?
Understanding The Beracha of ‘VeTzivanu Al Ha’Arayot’ At The Wedding Ceremony
Page of 239
3585 Halachot found