Drones and Halacha

Regarding the use of fully automated drone delivery systems on Shabbat, I seek clarification on the halachic stance. Specifically, does the operation of such drones, programmed before Shabbat to carry out deliveries without any direct human intervention on Shabbat itself, fall under the category of 'Grama' (indirect causation), and is it therefore permissible? Furthermore, how should Jewish businesses, which are prohibited from operating on Shabbat, approach the use of these automated services in compliance with Halacha? What guidelines must be followed to ensure that their use does not violate the sanctity of Shabbat?

Thank you for your Question.

The advent of drone technology has significantly transformed service delivery within the United States, enabling restaurants and pharmacies to deliver food and medicine to their customers swiftly, without the hindrances of traffic or delays. When we consider the implications of this technology within Halacha, we naturally wonder, as you have, about its use for deliveries on Shabbat. And since the festival of Purim is just around the corner, wouldn't it be an amazing and practical idea to use drones for delivering Mishloach Manot, avoiding the usual Purim traffic?
let's start with Shabbat: Is it permissible to use a pre-programmed drone to deliver, say, food to people?

The Torah writes that everyone in the household has to observe the Shabbat as it says

Exodus 20:10 states, "But the seventh day is a Sabbath to the Lord your God. On it you shall not do any work, you, or your son, or your daughter, your male servant, or your female servant, or your livestock, or the sojourner who is within your gates." This verse clearly outlines the prohibition against work on Shabbat not only for the individual but also for their family members and servants.

From this, we understand that the obligation to observe Shabbat is specifically mandated for the individuals within a household. However, allowing a fire to burn throughout Shabbat, to keep machinery operating during Shabbat, or as you inquired, deploying a pre-programmed drone to fly on Shabbat, does not constitute a violation of the Torah's prohibitions on creative labor (melacha).

Let us then explore the Rabbinic prohibitions to understand the potential restrictions at this level;
There is a prohibition against transporting articles from outside the Techum Shabbat (the boundary defining permissible travel on Shabbat). Consequently, one might argue that food, delivered from beyond my Shabbat boundary and inaccessible to me at the onset of Shabbat, should be deemed muktzah if delivered on Shabbat by a drone from outside the Techum Shabbat.
However, the Shulchan Aruch (Orach Chaim, Siman 325) states that this is not the case and it is not muktzah. The Mishnah Berurah (Seif Katan 36) explains that since the item was accessible to another Jew within the Techum Shabbat at the onset of Shabbat, then it is not considered muktzah for you as well.

There is another Halacha that relates to our matter, which is called ‘Marit Ayin’ (appearance of impropriety) let me give you an example when the Shabbat ‘time switch’ first came out (a device designed to automatically control electrical appliances and lights according to preset times before the onset of Shabbat) at first when it wasn’t well known it was forbidden to use it, since it looked like one was desecrating the Shabbat, since it looked like it was being turned on and off by a person. But then when it became popular and people were using it for all sorts of uses it wasn’t any more considered Merit Ayin since people understood that one was using the Shabbat time switch.
The same too for the drone now it is not very well known and not often used so there is an issur called Marit Ayin since people will think you are desecrating the Shabbat. Maybe one day it will be very popular to have a pre-programmed drone delivering your food so maybe at that point it will be permitted.

Regarding delivering Mishoalach Manot by drone.
As we know there is a mitzvah to send Mishloach Manot on Purim, as it says in the Shulchan Aruch;

שולחן ערוך אורח חיים הלכות מגילה ופורים סימן תרצה סעיף ד
חייב לשלוח לחבירו שתי מנות בשר או של מיני אוכלים, שנאמר: ומשלוח מנות איש לרעהו (אסתר ט, יט ו - כב) שתי מנות לאיש אחד. וכל המרבה לשלוח לריעים משובח;

Shulchan Aruch Orach Chaim, Laws of Megillah and Purim, (section 695, paragraph 4):
"One is obligated to send to his friend two portions of meat or of various foods, as it is said: 'and sending portions of food from one person to another' (Esther 9:19, 22) – two portions to one person. And whoever increases in sending to friends is praiseworthy."
The Mishnah Berurah (seif Katan: 18) quotes the Binyan Tzion that since it is written that  “one should send to his friend” that means one has to send it with a messenger rather than to give the Mishloach Manot oneself.
Indeed, the Responsa Yehuda Ya'aleh (Part 1, Siman 97) argues that the verse employs a general expression, indicating that it is Mitsvah to send food to others, but not that you have to send it with a messenger.
Therefore, according to Binyan Tzion, sending Mishloach Manot via drone is not permissible, as a drone cannot be considered one's messenger. Conversely, according to authorities who maintain that one may also personally deliver Shalach Manot, using a drone could be deemed acceptable.

To summarise le’Halacha, one doesn’t need to send Mishloach Manot through a messenger; therefore, utilizing a drone could be an innovative approach. However, for one who is machmir to send the Shalach Manot via a messenger, as advocated by the Binyan Tzion, a drone would not be considered suitable.

• Exodus 20:10
• Shulchan Aruch, Orach Chaim, Siman 325
• Mishnah Berurah, Seif Katan 36
• Shulchan Aruch Orach Chaim, Laws of Megillah and Purim, section 695, paragraph 4
• Mishnah Berurah, seif Katan: 18
• Responsa Yehuda Ya'aleh, Part 1, Siman 97