Vending Machines on Shabbos

I got a license to place can dispensing machines outside Soccer stadiums, in predominantly non-Jewish areas in my hometown in Nevada. my question is may I keep the machines open on Shabbat?

Thank you for your question.

The answer :

It is permitted to keep it open.

The answer explained :

As we know, a person may not conduct any business on Shabbos. This is because there is a concern that one might come to transgress a biblical prohibition of writing, since generally when selling a product or conducting business, one would write down the terms and conditions. This is mentioned by the Rambam in Mishneh Torah, Laws of Shabbos, Perek 23, Halacha 12

רמב"ם הלכות שבת פרק כג הלכה יב

וכן אסור לקנות ולמכור ולשכור ולהשכיר גזירה שמא יכתוב,

Similarly, it is forbidden to buy, sell, rent, or lease, as a precaution lest one comes to write.”

However, we do find that there are certain cases where it would be permitted, I would like to share with you the source since your question has been a big debate in the halachic world so let's study the source and the point of controversy.

שולחן ערוך אורח חיים הלכות שבת סימן שז סעיף ד

מותר לתת לא"י מעות מע"ש לקנות לו, ובלבד שלא יאמר לו: קנה בשבת. הגה: וכן מותר ליתן לו בגדים למכור, ובלבד שלא יאמר לו למכרן בשבת (ב"י בשם סמ"ג).

Shulchan Aruch, Orach Chaim, (Siman 307, Se’if 4):

It is permitted to give a non-Jew money on Erev Shabbos to purchase (items), provided that one does not tell him 'Buy it on Shabbos.' The Rema adds: Likewise, it is permitted to give him clothing to sell, provided one does not tell him to sell them on Shabbos (Beis Yosef in the name of Se’mag).

We see that doing active business on Shabbos is prohibited but passive business on Shabbos is permitted therefore by giving the clothing to a non-Jew before Shabbos the Jew is not actively selling or doing any business transaction on Shabbos since it is the non -jew who took upon himself to sell the clothing and if he sells it on Shabbos the Jew may benefit from the profit.

This Halacha is as well brought in Siman 248 Se’if 5.

However, we do find that Rabbi Akiva Eiger (volume 1 Siman 159) writes that it is forbidden for one to with a customer that the actual transaction of ownership should take place on Shabbos.

So, one may ask if so, when I sell the cans on Shabbos there is a transaction of ownership taking place on Shabbos so even though it is passive it should therefore be forbidden.

This halacha does not contradict the one we learned about being able to conduct passive business on Shabbos. Rabbi Akiva Eiger specifically addresses a case where the transaction is prearranged to take place on Shabbos, and that presents a problem of doing business on Shabbos. However, when one instructs a non-Jew to sell the merchandise without specifying when to sell, or like in your case of a vending machine that operates throughout the week, it can be argued that it is permitted to keep it open since it is not specifically for Shabbos sales.

This is the opinion of the Mharshag (Shut volume 2. Siman 117)

However it is important to know that not all types of money earned on Shabbos is permitted for example if someone were to ask you to babysit a child on Shabbos for a certain amount of muny per hour then it would be forbidden since this is money being paid for a service whitch was done on Shabbos and one may not charge for a service performed on Shabbos this is called “Se’char Shabbos” which is forfidden. So one may ask if so why may I receive the money from the product that was sold on Shabbos isnt it called “Se’char Shabbos?

The answeere is that “Se’char Shabbos” is only payment for a sevice not a sale that was performed so since the customer paid you for a certain product there is no prohibition of “Se’char Shabbos”

However, it is important to know that not all types of money earned on Shabbos are permitted. For example, if someone were to ask you to babysit a child on Shabbos for a certain amount of money per hour, then it would be forbidden since this is money being paid for a service that was performed on Shabbos, and one may not charge for a service performed on Shabbos. This is called 'Se’char Shabbos,' which is forbidden.

So, one may ask, why then may I receive the money from the product that was sold on Shabbos? Isn't it also 'Se’char Shabbos?' The answer is that 'Se’char Shabbos' only applies to payment for a service provided on Shabbos , not a sale that was performed. Therefore, since the customer paid you for a certain product, there is no prohibition of 'Se’char Shabbos'.

Wishing you much success.

1. Rambam, Mishneh Torah, Laws of Shabbos, Chapter 23, Halacha 12.
2. Shulchan Aruch, Orach Chaim, Siman 307, Se'if 4.
3. Rabbi Akiva Eiger, Responsa, Volume 1, Siman 159.
4. Maharshag, Shut Volume 2, Siman 117.