By Rabbi Yair Hoffman for the Five Towns Jewish Times

The package came on Shabbos. This time it was from Amazon Prime, but in the past it has been from Target.com or even Walmart.com. May one bring the item in the house? May it be kicked into a safe area? Or must it remain on the porch?

The answer as to whether or not one may bring it into the house, of course, is that it depends.

The author’s books can be purchased at Amazon.com

The answer as to whether or not one may kick it into a safe area is a Machlokes. This latter question we will address at the end of the article.

THE PACKAGE

It depends upon two factors, the package as well as the area. If the package is inherently Muktzah, the recipient is out of luck. Electronic devices, for example, are all Muktzah, as well as expensive items that we are super careful about.

TECHUM ISSUES

Assuming that the package is not inherently Muktzah, the Mishna Brurah (307:56) rules that the fact that they came from outside the Techum does not, by definition, make them Muktzah. We see in Hilchos Yom Tov (OC Siman 515) that even though one may not benefit from something that was brought to him from beyond the Techum – it is not necessarily Muktzah. How so? Because another Jew may benefit from it.

Letters, however, are a different story. The Mishna Brurah rules that if it is a letter that merchants would generally file away for safekeeping – then it is considered Muktzah. By the same token, any check or bill, or other business communication would be considered Muktzah.

What about one’s Seforim order? Poskim have ruled, with some caveats that will be discussed shortly, that if one was aware of them beforehand and thought about them – one can actually learn from them on Shabbos! (See Kochvei Yitzchok Vol. II #18). If one didn’t think about them, it is a debate among the Poskim, but if someone is lenient – we don’t rail on him.

IF THE SENDER KNEW IT WOULD COME ON SHABBOS

The Mishna Brurah (515:68 and 72) rules that if the sender did not know that it would arrive on Shabbos or Yom Tov then on may benefit from the package. If the sender knew, however, one may not benefit from the packages contents until after Yom Tov – and one must wait until the time it would have taken to arrive!

IF THERE WAS A DELAY IN THE DELIVERY

Sometimes Amazon will blow the on-time delivery. Is it permitted to benefit from it then? The Shulchan Aruch (OC 515:9) rules that in such a case it is also not considered a problem – even for the person for whom it was sent.

READING NEWSPAPERS ON SHABBOS

Both the Mishna Brurah (307:63) as well as the Aruch haShulchan (307:9) pretty much forbid reading newspapers on Shabbos on account of business matters that are found in them. This is their position notwithstanding the lenient view of Shvus Yaakov (Vol. III #23, who permitted it on account of saving asset during wartime), the Maharsham in his Daas Torah (OC 307) and the Sh’eilas Yaavetz (Vol. I #162). The latter permitted it based upon the fact that there is enjoyment during reading it.

WHEN SUBSCRIBING TO A NEWSPAPER

When one initially requests a subscription to a newspaper there is an obligation to state that one does not want it delivered on Shabbos (See Maharam Shick OC 123).

What if the newspaper was actually printed on Shabbos? The underlying issue of course is melacha performed on behalf of Jews.

The Shmiras Shabbos K’hilchasa (31:24) writes that if the majority of subscribers are Jewish – it is entirely forbidden to be read. If the majority of readers are gentiles one can read the news section, but not the business section. However, every G-d fearing individual should avoid reading a newspaper on Shabbos. In footnote #70, Rav Shlomo Zalman Auerbacj zt”l is cited as holding that technically, one can assume that the extra papers that were printed on behalf of the Jewish subscribers were only a grama and that one can perhaps assume that the newspaper that he may be reading were form the majority that were printed for the gentiles.

NOT HANDED TO HIM

Getting back to the Amazon package, if the gentile has brought the package or letter from beyond the Eiruv, the Jew should not accept the package from him. The issue here is that of carrying. How so? Part A was the Akirah, the lifting up of the object from one domain, accomplished by the gentile when he began his route beyond the Eiruv. Part B is the hanacha the placement of the item that the Jew is now accomplishing. The correct procedure is to show the gentile where it may be placed.

MAY ONE KICK IT INTO A SAFE PLACE?

Now let’s get to the final issue: May one kick the Amazon package? This is a Machlokes between the Mishna Brurah (311:30), who permits it, and the Chazon Ish (47:12), who forbids it.

The Chazon Ish reads the Rosh (Shabbos 3:19) as only permitting the indirect movement of straw with one’s body instead of one’s hands because it is not a detectable moving. Kicking, the Chazon Ish argues, is quite detectable, and therefore it would not be permitted.

The Mishna Brurah reads the Rosh differently and thus permits other body parts moving the Muktzah (See 308:13 and 308:30). The Shmiras Shabbos K’hilchasa (22:36) sides with the Mishna Brurah on this debate.

Of course, one should always check with one’s own Posaik or Rav, but it seems that one may kick it inside the house if it is actual Muktzah.

The author can be reached at yair [email protected]