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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?

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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, 2016 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, 2016 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, 2016 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, 2016 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, 2016 at 19:33

2 Answers 2

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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.

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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.

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  • There is a mashgiach on Shabbat I understand
    – kouty
    Feb 1, 2020 at 20:03
  • @kouty, yotzei venichnas on Shabbat, otherwise temidit
    – Noach MiFrankfurt
    Feb 2, 2020 at 3:42

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