Shulchan Aruch: Chapter 247 - Laws Applying to Non-Jews Who Transport Documents on Shabbos

SECTION 247 Laws Applying to Non-Jews Who Transport Documents on Shabbos (1-12)

1It is permitted to send a letter or other articles and utensils via a non-Jew [although he will transport what he is given on Shabbos],1 even on Friday close to nightfall, as long as the non-Jew leaves the entrance of the Jew’s home while it is still day.2 [This license] applies only if [the Jew] establishes a fixed price3 as a fee for transporting [the object]. In such an instance, [the non-Jew] is not acting for the sake of the Jew, but for his own sake — to receive the fee established for him. He thus does not appear as the Jew’s agent.

[The above applies] as long as [the Jew] does not tell [the non-Jew] to travel on Shabbos, for giving instructions to a non-Jew [to perform labor on Shabbos] is [forbidden as] a shvus,4 even when he gives these instructions before Shabbos.5 Similarly, [the Jew] should not tell [the non-Jew]: “Be sure that it arrives on Sunday,” “…Monday,” or the like, if he knows that it is impossible for the non-Jew to arrive there on that day unless he travels on Shabbos, for that is equivalent to instructing him to travel on Shabbos.6

2 If he did not establish a fixed fee for the transport, the non-Jew [is considered to be] undertaking this effort on behalf of the Jew.7 Therefore, it is forbidden to send him [on such a journey] even on Sunday, unless there is time for him to reach the house nearest the wall of the town to which he was sent before [the commencement of] Shabbos. In that instance, even if he delays and also travels on Shabbos, it is of no consequence, for he is not traveling at that time because of the Jew, but for his own [convenience]. Although it may be necessary for him to walk on Shabbos from the house nearest the town’s wall to the house of the person to whom he must deliver the letter, nevertheless, since only a Rabbinic prohibition is involved,8 we make a lenient assumption, saying that the person to whom he must deliver the letter lives in the house closest to the wall.

3 When does [the leniency mentioned at the end of the previous subsection] apply? When one sends the letter to a designated person in that town who receives all the letters sent there, accepts them, and sends each letter via his messenger to the people to whom they were written. Such a person [functions] as a post office;9 all documents [sent to the town] are brought to him. When such an institution functions in a town, then it is permitted to send a letter with a non-Jew, even on Friday, and even if a fixed fee was not established, as long as there is time for [the non-Jew] to reach that [post office] while it is still day.

If, however, there is no established post office to which letters are sent in that town, and the non-Jew must personally deliver the letter to the person to whom it was addressed, it is forbidden to send him [for that purpose] even on Sunday [if a fixed fee was not established]. Even when there is time for him to reach that town well before Shabbos, [the Rabbis] nevertheless [ruled stringently], out of concern that [the non-Jew] would not find the person [to whom the letter was addressed] at home and he would have to follow after him, traveling [to another place], and this might require that he follow him on Shabbos.

Nevertheless, if [only] a short distance, e.g., a one-day journey, is involved, and [the Jew] sends [the non-Jew] on Monday or Tuesday, license may be granted, for he has ample time to travel [and locate the person] before Shabbos even if he initially does not find him at home,.

4 All the above stringencies apply when [the Jew] did not establish a fixed fee [for the non-Jew]. If, however, he established a fixed fee,10 it is permitted to send him even to a town that does not have a post office, even if it is very far away, and even when [the non-Jew] left [the Jew’s] home [on Friday] just before nightfall.11

5 There are authorities who maintain that even if [the Jew] did not establish a fixed fee, there is no prohibition against sending [the non-Jew with a letter], except on Friday. Since [the Jew] sent [the letter] close to Shabbos, it appears as if he instructed [the non-Jew] to travel on Shabbos. Therefore, if there is a post office [in that town], there must be enough time during the day for [the non-Jew] to reach the house nearest the wall of that town while it is still day. If there is no post office located there, it is forbidden to send him [with a letter] on Friday unless a fixed fee is established. If, however, he sends the letter on Wednesday, Thursday, or earlier, since it is well before Shabbos, it does not appear as if he instructed [the non-Jew] to travel on Shabbos. Therefore, even though he did not establish a fixed fee, it is permitted to send [the non-Jew] even on a very distant journey and even if there is no post office established in that town.12 One may rely on their words if necessary.13

6 There is no difference whether or not a post office exists in that town except with regard to a letter written with Hebrew letters, in which instance it is obvious to everyone that it was [sent by] a Jew.14 [Hence,] if the non-Jew transports it on Shabbos to the person to whom it was sent, there is some concern regarding the impression it creates, for an observer may say that a Jew gave it to him on Shabbos to transport. Nevertheless, according to the second approach that was explained,15 when he sent it well before Shabbos, [the Rabbis] did not impose their stringency to the extent that they were concerned about the creation of such an impression. And when a fixed fee was established, all authorities agree that they did not impose a stringency.16

If, however, the letter was written using foreign letters17 and similar laws apply to objects that are not obvious to everyone that they belong to a Jew — it is permitted according to all opinions to be sent, even on Friday, as long as there is time to reach the house nearest the wall of the town to which it was sent while it is still day.18 [In such an instance,] even if [the non-Jewish messenger] will not find [the intended recipient] at home and will have to journey after him on Shabbos, it is of no consequence. For, at the time the Jew sent [the messenger], it was not known that he would not find [the intended recipient] at home, and he sent him on a mission that was possible to be completed during the day [on Friday. Hence,] when [the non-Jew] travels on Shabbos as well, he does not appear as the Jew’s agent, since at the time [the Jew] delegated the task to him, it was not known that [the non-Jew] would have to travel on Shabbos.

7 If [the Jew] hires [the non-Jew] for a fixed fee for each day of his journey and return, but does not stipulate when [the non-Jew] should travel, it is forbidden to hire him and give him the letter on Friday, lest he depart on Shabbos and it will appear that he instructed him to travel on Shabbos, since he is hiring him by the day and hires him close to Shabbos. On Wednesday or Thursday, by contrast, it is permitted to hire him by the day and give him the letter at that time. Since he does not stipulate on which day [the non-Jew] should travel, if he does travel on Shabbos, he does not appear as his agent. Although he hires him by the day, he does not resemble a day-worker. [Instead,] since he accepts the entire task of delivering the letter, he resembles a contractor.19 (See sec. 243[:4] and 244[:1, 11].)20

8 If [the Jew] tells the non-Jew that he will pay him a fee — even though he did not specify how much he will pay him — it is considered as if he established a fixed and specific fee. For the non-Jew relies [on the Jew’s promise] that he will definitely pay him a fee for a sum that they will negotiate afterwards. Thus, [the non-Jew] is working for his own sake.

If, however, [the Jew] does not explicitly tell [the non-Jew] that he will pay him a fee, but the non-Jew understands on his own that he will be remunerated, [his expectation] has no halachic significance. For the non-Jew does not rely with certainty on [receiving] that fee; a doubt remains in his heart whether [the Jew] will pay him.21 Thus [it is considered that] he is working for the sake of the Jew.

9 When does the above [stringency] apply? When [the non-Jew] looks forward to and expects payment of a fee, but he is not absolutely certain that he will receive it. [A different principle applies,] however, if [the non-Jew] does not expect payment of a fee at all, but [delivers the letter] without charge. It can be assumed that he is doing so to repay the Jew for some benefit that he received from him in the past. Hence, it is as if he is doing so in return for payment.22

There are authorities who differ with [this ruling], unless the non-Jew on his own initiative offers to travel for the Jew without charge. In such a situation, he is certainly doing so in return for the benefit that he previously received from [the Jew. Otherwise, however, these authorities maintain that allowing him to deliver the letter is forbidden.] It is desirable to follow their directives and be stringent.

10 All authorities agree, however, that it is forbidden on Friday to send a letter without paying [for delivery] via a [non-Jewish] servant23 whom one has hired for a year or two to perform any and all tasks required over the duration of that period, as explained in sec. 244[:11]. Fundamentally, the halachah follows the opinion of the authorities who forbid such conduct. Note the rationale given there.24

Nevertheless, on Wednesday or Thursday, [one may be lenient and] permit sending [such a letter even if there is not a [pressing] need, since there are authorities who grant permission for a [non-Jewish] servant hired for a year to perform labor for the sake of a Jew, as explained in sec. 244[:op. cit.].25 Although fundamentally, the halachah does not follow their opinion, [in this instance] their opinion can be combined with the words of the authorities who maintain that it is permitted to send a letter on Wednesday or Thursday in any instance, even if one did not establish a fixed fee. One may rely on [the cumulative strength of their rulings] and follow an entirely lenient approach, [sending a letter on Wednesday or Thursday] even when there is no [pressing] need.

11 If, however, the non-Jew is not hired by [his Jewish employer] to perform all necessary tasks, but rather [just] to deliver letters whenever needed for the duration of his hire, it is permitted to send a letter with him even on Friday according to [the principles] mentioned in sec. 244[:9]. Note the rationale mentioned there.26

12 In all instances where it is forbidden to send [a letter with a non-Jew] because a set fee was not established, one should be stringent and not send [a letter] with [the non-Jew] without setting a fee, even if he is going to the town [to where the letter is being sent] on his own initiative and it is on his way.27 [The rationale:] Even though he is not exerting himself at all for the sake of the Jew in making the journey, nevertheless, by transferring the letter from one domain to another and transferring it four cubits in the public domain or even in a karmelis, he [is considered to be] performing these labors for the sake of the Jew unless a fixed fee was established.

Nevertheless, if it is possible for him to reach his destination before Shabbos, it is permitted to send [a letter] with him, even though there is no established post office there. For even if he does not find [the intended recipient] at home, he will not search for him, because it is out of his way28 and [the non-Jew is willing] to bring this letter without a fixed fee only because delivering the letter is on his way.