Navigating Shabbat Laws for Website Operations

Dear Rabbi, I hope this message finds you well. I am seeking your guidance on a matter related to Shabbat observance and my business. I own a website that specializes in selling shoes. Given the sanctity of Shabbat and the restrictions on business activities, I am uncertain about the appropriate course of action regarding the operation of my website during Shabbat. Specifically, I would like to know whether it is permissible for me to keep the website operational during Shabbat, or if I should disable transactions during this time. Additionally, I am seeking advice on how to handle any income generated from sales that occur on Shabbat. Your expertise and advice on how to navigate this situation in accordance with Jewish law would be greatly appreciated.

Thank you for your question.

In the realm of Shabbos, it's crucial to understand whether an action falls under the category of melacha d'Oraysa (a Torah prohibition) or melacha d'Rabbanan (a Rabbinic prohibition). So, let's delve into whether having a website operational on Shabbos is considered a melacha d'Oraysa.

Tractate Shabbos, Chapter 1, Mishnah 5. There is a dispute between Beit Shammai and Beit Hillel if one may leave garments to soak in dye over Shabbos, and after Shabbos, the garments will be ready. This issue parallels another contention they have about setting traps before Shabbos to catch animals on Shabbos.

Beit Hillel says, that as long as no direct human action is involved, such an activity is permissible. The Torah's restrictions on Shabbos work, they explain, apply specifically to labor that is executed by a person or their animals. However if a process occurs passively, without human intervention, even if it ultimately benefits the person, it's allowed on Shabbos.

Beit Shammai, on the other hand, argues against allowing a melacha that is carried out by one's tools or possessions. They draw upon the verse "be circumspect" (תִּשָּׁמֵרוּ) to support their view. According to Beit Shammai, this commandment means that we must ensure not only that we refrain from work on Shabbos but also that our belongings do not engage in any form of labor.

The Shulchan Aruch, (Orach Chayim, section 246) rules according to the opinion of Beit Hillel that there is no requirement for objects to rest on Shabbat. Therefore, it is permitted to leave an appliance or machine that operates on its own from before Shabbat, allowing it to continue its operation into Shabbat. This is the case even though the machine performs work that a person themselves is forbidden to do on Shabbat.

This is why some suggest that the widespread custom among Jewish communities of enjoying Chamin, also known as Cholent, on Shabbat morning, serves to illustrate our allowance for food to continue cooking on Shabbat, to prove that the Halacha is like the opinion of Beit Hillel.

Based on the aforementioned discussion, maintaining a website operational on Shabbat and facilitating sales through it does not constitute a violation of a Torah prohibition.

To explore whether this entails a Rabbinic prohibition, we need to analyze two relevant sections within the Shulchan Aruch. This analysis will help us determine if the scenario of keeping a website operational on Shabbat is comparable to our case.

On Shabbat, it is prohibited to sell items or even to give a gift, due to a Rabbinic prohibition. This prohibition arises because typically, when one makes a sale or gives a gift, a contract is often drawn up to formalize the transaction, leading to the potential act of writing, which is forbidden on Shabbat. To prevent this, the Rabbis broadly prohibited all forms of selling on Shabbat, aiming to avoid the creation of sales contracts (שטרי מקח וממכר). This ban applies regardless of whether there is an actual intention to write a contract; all sales are thus generally forbidden.

However, there is an exception for passive sales. The Shulchan Aruch, (Orach Chayim: Siman 307,4), outlines this allowance: "It is permitted to give a non-Jew money before Shabbat to make a purchase on one's behalf, with the condition that he is not instructed to buy it on Shabbat. Rema adds: Similarly, it is allowed to give him clothes to sell, as long as he is not told to sell them on Shabbat (Beit Yosef in the name of Semag)."

From this, we infer that transactions conducted on a website can be likened to passive sales made by a third party (such as a non-Jew), which, as noted, are permissible on Shabbat. This interpretation suggests that as long as the sale is set up to occur passively, without direct Shabbat involvement, it aligns with the halachic framework for permissible transactions on Shabbat.

A second halachic principle potentially relevant to our discussion is the prohibition against benefiting from labor performed on Shabbat ‘Sechar Shabbos’. This is articulated in the Shulchan Aruch, Orach Chayim, Siman 306.4, which states: "One who hires a worker to watch seeds or anything similar does not pay him for the Shabbat wages." This illustrates that compensation cannot be accepted for work done on Shabbat.

There's a notable story that exemplifies this halacha in practice, involving a wealthy Jew in America who owned several parking lots. Typically, these lots charged an hourly fee. However, on Erev Shabbat, he would open the barriers, allowing for free parking. This act was a great Kiddush Hashem (sanctification of God's name), demonstrating adherence to the halachic principle that forbids benefiting from services performed on Shabbat. This practice aligns with the guidance provided by the Mishna Berura, clarifying that the prohibition extends to deriving benefit from property on Shabbat, as illustrated by the aforementioned story.
The application of this prohibition called 'sechar Shabbat' —earning wages for work done on Shabbat— varies based on the nature of the website. For instance, websites that charge for downloading legal forms or for playing games would be providing a service. Transactions on such sites during Shabbat would be equivalent to receiving payment for services rendered on Shabbat, thus violating the prohibition of benefiting from Shabbat labor and should, therefore, not be operational on Shabbat. However, a website such as yours which is to sell products does not fall into the same category as a service , and the financial transaction is not considered 'sechar Shabbat' (Shabbat wages). This distinction between selling goods and providing services is clarified by Rabbi Shlomo Zalman Auerbach in his work "Sefer Shemiras Shabbos kehilchato" (Chapter 28, Section 57).

Since your website is based on sales it is permitted to keep it open and benefit from the income.

Owners of websites that provide services which cannot operate on Shabbos, as previously discussed, can register at no cost with HolyClock.com. This platform automatically disables their website at the onset of Shabbos and reactivates it once Shabbos concludes.

Wishing you much success.

1. Tractate Shabbos, Chapter 1, Mishnah 5
2. Shulchan Aruch, Orach Chayim, section 246
3. Shulchan Aruch, Orach Chayim: Siman 307,4
4. Shulchan Aruch, Orach Chayim, Siman 306.4
5. Sefer Shemiras Shabbos Kehilchato by Rabbi Shlomo Zalman Auerbach, Chapter 28, Section 57