Shabbat Delivery

Dear Rabbi, I am seeking guidance on a matter related to the observance of Shabbat and the operation of my business. Specifically, I would like to inquire about the permissibility of arranging for business supplies to be delivered on Shabbat. The company from which I am considering ordering these supplies is entirely non-Jewish and operates independently of Jewish laws and traditions. Would placing an order with the expectation that it arrives on Shabbat conflict with halachic principles, given that the transaction is made with a non-Jewish company? I am eager to ensure that my business practices align with our faith's teachings and respectfully seek your advice on how to navigate this situation appropriately. Thank you for your time and guidance on this matter.

Thank you for reaching out with your question.

Navigating the modern convenience of package delivery within the framework of Halachic observance presents two critical considerations. First, we will need to delve into the Halachic guidelines for initiating the order process, ensuring that it is in sync with Jewish law. Second, we will need to address a less frequently discussed but equally important concern: the status of a package that arrives on Shabbat. This involves exploring whether such a package is classified as muktsa, thereby determining its handling, and whether it's permissible to open it immediately following Shabbat.

Let's begin by exploring the most effective and appropriate method for ordering packages in a way that adheres to the laws of Shabbat.

Your question might seem like a modern phenomenon involving a non-Jew delivering a package, but it's actually a scenario addressed in the Shulchan Aruch, and we will try to adapt it to our contemporary situations.

Shulchan Aruch, Orach Chaim 247.1, states: "A person may send a letter via a non-Jew, even on the eve of Shabbat at dusk, provided that he has agreed upon a payment with him, and as long as he does not instruct him to go on Shabbat."

Generally, one may not ask a non-Jew to perform a melacha (forbidden work) for you on Shabbat; this is a rabbinical prohibition. However, as we see above, there are cases where it is permitted, and the Shulchan Aruch gives us two conditions: 1. The non-Jew is being paid to do the job, so it will be considered that the non-Jew is doing it for himself and not as a favor for the Jew. 2.One should not specify that it should be delivered on Shabbat.

Therefore, when we order online, and even if the delivery date is on Shabbat, since there is time before Shabbat that the delivery could arrive, then it is permissible to order the product. This is because it is not considered that you specified it should come on Shabbat, since they could have brought it before Shabbat. However, if the delivery option chosen is “overnight”, placing an order on Friday would not be permissible. This is because it would imply a direct specification for the delivery to occur on Shabbat.

There exists a scenario where one can be lenient, even in the case of overnight delivery. Imagine a situation where a supplier offers discounts from Monday to Friday, and you realize on Friday that it's the last day to take advantage of the offer. The only shipping option available is overnight delivery, and you, as the customer, are indifferent to the delivery date— as far as your concerned it could even arrive in the middle of the next week. In such instances, leniency could be considered, based on the Mishnah Berurah, Siman 247, Se’if Katan 3:

"And if the non-Jew says of his own accord that he will go on Shabbat, we [the Jews] are not concerned with this, since the Jew did not tell him to do so, and the non-Jew acts on his own initiative for the sake of his wage."

In our scenario it could be viewed as the non-Jew acting on his own accord, as this is his standard business practice, and it is not considered to be specifically for you. Therefore, in cases where there might be a financial loss or similar concerns, one may place the order.

When the delivery arrives :

Since you are ordering products for your business whatever arrives is considered muktsa, (muksa machmat chi’saron kis), and the best would be to show the delivery man a place where to place the package, and not to move it till after Shabbos.

There is a disagreement between the Mechaber and the Re’ma about whether one can open a package immediately after Shabbos if a non-Jew delivered it during Shabbos. The Mechaber, in Siman 252, Se’if katan 4, states that one may open the package right away. However, the Re’ma argues that if the non-Jew performed a Melacha (forbidden work on Shabbos) by delivering it, you must wait after Shabbos for the same duration it took the non-Jew to deliver it. For example, if the delivery took five hours, you should wait five hours after Shabbos to open it. The delivery log can be checked to determine the time it took. (Even when most packages in the delivery truck belong to non-Jews, since you have paid for the delivery and the non-Jew is transporting your package for you as well , it is considered a melacha performed for a Jew. This interpretation follows from the Mishnah Berura 276, se'if katan 17, which explains that if a non-Jew performs a melacha for both his own benefit and for a Jew, it is regarded as having been done for the Jew).

Therefore, the approach you take may vary based on your tradition: Sephardim generally follow the Mechaber's opinion, while Ashkenazim adhere to the Rema's opinion.

Wishing you much success.

1. Shulchan Aruch, Orach Chaim 247.1 
2. Mishnah Berurah, Siman 247, Se’if Katan 3 
3. Shulchan Aruch, Siman 252, Se’if Katan 4 - 
4. Mishnah Berura 276, Se’if Katan 17