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The scenario is as follows:

Suppose there is a kosher pizzeria that is run by Jews on weekdays, but on Shabbos it is run by a third party who are goyim, in order that the shop can stay open on Shabbos and Yom Tov. (There are places that do this. Before Shabbos they "sell" the business so that it may be open on Shabbos.) This place does not have an eruv, and somewhere within the community a Jew realizes he will not have anything hot to eat on Shabbos, so on Friday afternoon he orders and pays for a pizza (which is kosher) from the store to be delivered Shabbos afternoon, so he may fulfill the mitzvah or eating hot food on Shabbos.

In this case, can you have it delivered on Shabbos?

Double AA
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ezra
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  • Can't see a problem. How is this different from people that bring food to the shul for Seudah Shlishit on Shabbat? Someone paid for it before Shabbat and he brings it to the shul on Shabbat for others to eat. Is there something specific that you can think of that may be problematic? Maybe mar'it ayin if the store is open on Shabbat? – DanF Sep 30 '16 at 18:10
  • @DanF Consider the ways this differs from a catered kiddush. The pizza was made from scratch and delivered on Shabbos. You mentioned mar'it ayin which would include the delivery since it would normally not be ordered the day before. It would be like something delivered (as in the mail) on Shabbat which cannot be opened until after Shabbat. The pizza was cooked on Shabbat for you (unlike cholent for the catered kiddush). I am assuming that there is an eruv and everything was done inside the eruv. – sabbahillel Sep 30 '16 at 18:36
  • @sabbahillel Opening mail is not due to maras ayin but to techum, which shouldn't be a problem here. And in terms of cooking and Eruv, the question could still apply on Yom Tov. – Double AA Sep 30 '16 at 18:41
  • @DoubleAA The marit ayin, was because it is normally assumed that pizza delivery is ordered shortly before it arrives. As you say, mail is a matter of techum and nolad. The question was asked about Shabbos so I commented on Shabbos. I suppose a full answer would go into Yom Tov as well. – sabbahillel Sep 30 '16 at 19:04
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    I'm a bit confused; most kosher certifiers will consider whether, and or how, a restaurant is open on Shabbos before certifying it. If the pizza was baked on shabbos it's prohibited to eat it that day, no matter where. Please describe your case in more detail. – Shalom Sep 30 '16 at 19:33
  • @sabbahillel I've assumed that the pizza was cooked prior to Shabbat, and the oven is on all Shabbat. The store owner is heating the pizza in the oven on Shabbat prior to delivery. Other than possible mar'it ayin of the fact that people see the store open and may assume that the owner is cooking on Shabbat. Besides that, I don't see any melacha being done. What would be the problem? OP needs to provide more details on the scenario / criteria. – DanF Sep 30 '16 at 19:33
  • @DanF How is it being delivered and how do the people who see it being delivered know that. How do they know he did not call for the pizza as is normally done. A catered kiddush normally has the food kept in the shul kitchen, not delivered to the shul from the caterer on shabbos. – sabbahillel Sep 30 '16 at 19:38
  • @sabbahillel In my 1st comment, I never mentioned a caterer, but, I guess I wasn't clear. I was talking about someone who brings food from his home to the shul for S'eudah shlishit. Someone in my neighborhood does this each week. By comparison, other than wondering why the store is open, if no one saw that part, and the pizza is being reheated, I don't see any problems. – DanF Sep 30 '16 at 19:49
  • related http://judaism.stackexchange.com/q/67902/759 – Double AA Sep 30 '16 at 19:50
  • @DanF reheating may be a problem. see the answer DoubleAA referenced. This could also be like putting cholent back on the blech after taking it off, which is also a problem. – sabbahillel Oct 02 '16 at 00:44

2 Answers2

4

It is clearly prohibited as states the Shulchan Aruch quoted at the end of this answer.

But we can learn for this question a couple of mishnayot (8 & 9) in the first chapter of masechet Shabbat.

Mishna 1, 8

בית שמאי אומרים אין נותנין עורות לעבדן ולא כלים לכובס עובד כוכבים אלא כדי שיעשו מבעוד יום. ובכולן בית הלל מתירין עם השמש: ‏

According to Beth Hillel, there is no concern if the work of a non Jewish worker would be wrongly interpreted as commanded by a Jew, when they interacted before Shabbat and no sign of interaction is perceived on Shabbat.

Bartenura

כדי שיצא מפתח ביתו מבעוד יום:‏

It is good enough if the non Jewish worker left the Jew's home before Shabbat began.

additionally , if a NJ is soon going out from Jewish's home Shabbat with an object, it seems like he bought it from the Jewish on Shabbat.

Tosfot Yom Tov

ובאין מוכרים לנכרי וכו' פירשו דמאחר דהנכרי מחמר או עושה בשבת בידים דבר שישראל אסור מן התורה גזרו משום דמחלף בשלוחו ואע"ג דאי עביד להו הישראל לא מחייב חטאת. ‏

The problem is when the NJ makes something which is prohibited deOrayta for a Jew.

This apply to all Tora prohibitions, even those which are not punishable by Korban Chat'at.

So, if a NJ comes in his car and delivers a hot meal in your home, it is prohibited.

See THIS link for explanation of the Mishna.

In Shulchan Aruch Orach Chayim 325, 4:

פת שאפה עכו"ם לעצמו בשבת יש אוסרים ויש מתירים ובשעת הדחק או לצורך מצוה כגון סעודת ברית מילה או לצורך ברכת המוציא יש לסמוך על המתירים:‏

הגה

הגה: אבל אסור ליתן לו מעות מערב שבת ושיתן לו הפת בשבת דאז אדעתא דישראל קא עביד (רבינו ירוחם חלק א') &rlm ;

Shulchan Aruch A bread which a non Jewish person made for himself on Shabbat: Some Poskim prohibit to consume it and some else permit. For a mitsva meal, as a meal of circumcision of for blessing Hamotsi it is allowed to follow the lenient opinion. Rama added: But to give him money before Shabbat to receive it on Shabbat is prohibited because in this case the bread was made for the Jew.

Community
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kouty
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1

There is a restaurant in the Boston area which is kosher, under non-Jewish ownership, and is open on Shabbat. The position of the hechsher is that one should not order food before Shabbat for delivery over Shabbat, although when the rav hamachshir said this, he didn't provide a source, since everything there remains under stringent certification.

Source: I work for the hashgachah and this restaurant is one of my regular posts.

Noach MiFrankfurt
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