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...
Succot: If the Top of the Etrog Comes Off
Succot-If One Forgot to Recite She’he’hiyanu Before Taking the Lulav
Succot: Owning the Lulav and Etrog on the First Day
Rosh Hashana- Using Material From a Non-Kosher Animal for the Succa Walls
Simhat Torah- Is It Permissible To Hold A Talit Over The Children At The Sefer Torah On Simhat Torah or Is It Considered Boneh
Sukkot – If Somebody Forgot to Recite “She’hehiyanu” Over the Lulab on the First Day
Distributing Charity on Ereb Sukkot
Sukkot – Shaking the Lulab Before Sunrise
Sukkot – Reciting the Beracha of “Lesheb Ba’sukka”
Succot- May One Use a Sukka Made With Impenetrable Sechach?
Is a Snow-Covered Sukka Valid for Use on Sukkot?
Succot- Sleeping/Napping In & Out The Succah
Succot- Supporting the Sechach with Metal; Fixing or Building a Sukka During Sukkot
Sukkot – Basic Halachot for the First Night and When the First Days Fall on Thursday and Friday
Succot- Are the Four Species Considered Muktzeh on Shabbat and the Night of Yom Tov?
Page of 239
3585 Halachot found