Basar shenisalem min haayin. Wolt delivery by a non-Jew

If I order kosher takeout food from a reliable kosher restaurant and it is delivered by a non-Jew, is there any concern of basar sh’nisalem min ha’ayin?

Thank you for your question.

It is brought in the Shulchan Aruch that basar sh’nisalem min ha’ayin is forbidden to eat meaning that even if the meat is kosher, if there was a gap in the oversight of the meat even during delivery, it becomes forbidden to eat. This is because we must be certain at the time of delivery that the meat is indeed the same meat that was ordered from the kosher shop and was not exchanged along the way for non-kosher meat. 

This is brought Le’halcha in the Shulchan Aruch YD 118

However, there are certain ways to ensure that one can be confident that this is the kosher meat that was ordered. For example:

1.       If the kosher meat was cut in a specific, identifiable way (as brought in the Shulchan Aruch, Yoreh De’ah, Siman 63:1).

2.        If the meat is packed in a sealed package with a valid kashrut seal (as brought in the Shulchan Aruch, Yoreh De’ah, ibid.).

3.      If someone from the company can recognize the meat, as kosher meat, this is referred to as teviat ayin (visual recognition).

4.       If a Jew enters and exits the room where the non-Jew is working, this is sufficient, even if he is not there continuously.

Specific way it was cut.

If the sender informs you in advance about ready-made food and describes the way it was cut, and then you receive it exactly as described, it would not be considered basar sh’nisalem min ha’ayin, since this would be regarded as a siman (identifying sign).

Kashrut stamp

For example, if one receives a delivery of meat and no one is home, and the package is left outside, then as long as it was sealed with a valid kashrut seal, it would be permitted.
 Therefore, Hagaon Harav Amrom Fried shlit”a says that in a case for example, one were to receive meat delivered by a non-Jew, then you should ask the sender to wrap it in cling film and sign on the nylon in a way that it would be possible to detect if it was tampered with.

A Jew who is present:

Even if a Jew is not present the entire time while the non-Jew is handling the meat, it is still permitted, even if the Jew leaves for a while, as long as the non-Jew does not know exactly when the Jew will return.
 Same too, in a case where one is in a hospital and places food in a public fridge used by both Jews and non-Jews, it is also permitted to store meat there, since Jews come and open the fridge from time to time.

Camera surveillance

Having cameras alone would not suffice unless a Jew checks the footage regularly, and it is also important that the non-Jewish worker knows that he is being monitored via the camera.

(It is important to note that if none of these precautions were taken, please get back to us so we can assess the case further, as there may be grounds for leniency b’sha’as hadchak.)

Circling back to your question regarding takeout: Based on the above, if the bag was closed, for example, with two staples, and when you received it, you could see that it hadn’t been tampered with, then there is no issue of basar shenis'aleim min ha'ayin. However, if it was not sealed in such a manner, then, bedi'eved it would be permitted, since we can assume that the delivery person had no reason or motive to want to exchange your kosher order for something non-kosher.

Wishing you well.

 Shulchan Aruch YD 118

 Shulchan Aruch, Yoreh De’ah, Siman 63:1

Pesakim Ve'he'arot page #100