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Adapted from an article by Rabbi Baruch M. Levine
In today’s business environment, most companies understand that they can no longer rely on a storefront and local community marketing to survive and turn a profit. Globalization, large corporations, and the dominance of digital media have forced business owners to find ways to establish a significant presence on the web. Many businesses rely exclusively on internet commerce, which raises the question of maintaining an operating website or webstore on Shabbat and Yom Tov.
The Vending Machine Debate
Although websites are a new phenomenon, and the discussion in the Poskim is limited to the most recent Halachic literature, we may draw some insight into this issue from the debate between the Halachic authorities at the turn of the 20th century regarding vending machine sales on Shabbat.
The Giv’at HaLevona[1] and others maintained that it is forbidden keep an operating vending machine on Shabbat even if all the purchases would be made by non-Jews. They based their opinion on the ruling of Rav Akiva Eiger[2] that one may not execute a Ma’aseh Kinyan – an act of acquisition – on Erev Shabbat, with the stipulation that the actual acquisition go into effect on Shabbat.
Seemingly, in Rav Akiva Eiger’s view, merely being a party to a sale that takes place on Shabbat, even when all the arrangements are made prior to Shabbat, is also included in the rabbinic prohibition against commerce on Shabbat. Both the Kaf HaHayim[3] and Teshuvot Torah LiShma[4] – attributed to the Ben Ish Hai – follow this opinion L’Halacha.
However, the Maharshag[5] and others permitted keeping the vending machines in operation throughout Shabbat, arguing with the opinion of Rav Akiva Eiger. They pointed to the Mishna in Masechet Shabbat which permits one to set up an irrigation system before Shabbat in order to water a field on Shabbat. This proves that there is no prohibition to make prearrangements for a Melacha to automatically take place on Shabbat. Indeed, many Aharonim – such as the Sho’el U’Meshiv, the Hazon Ish and more – argue on Rav Akiva Eiger, based on this Mishna[6]. Hacham Ovadia Yosef זצ”ל sides with their opinion as well[7].
They argue further, that even in the opinion of Rav Akiva Eiger, it is only prohibited to prearrange that a sale should specifically take place on Shabbat. In the case of vending machines however, the Jew arranges the item to be ready for sale at any time and it is rather the non-Jew who chooses to buy the item and effect the sale on Shabbat. Such an arrangement would possibly be permitted even according to Rav Akiva Eiger.
Indeed, with regards to vending machines or similar arrangements, the general custom today seems to rely on the Maharshag’s lenient ruling and allow vending machines to operate on Shabbat.[8]
Are Webstores like Vending Machines?
In the case of webstores, most contemporary Poskim maintain that we can draw a parallel from the vending machine leniency and allow them to remain in operation on Shabbat. Furthermore, they argue, even the Poskim who prohibit vending machines would permit webstores, because in the case of the latter, the buyer does not actually take ownership of the item until it is physically delivered to him. Hence what is taking place on Shabbat is not an actual sale, but rather just a contract to buy or sell the item in the future, with the buyer pre-paying for the item. This is evident from the fact that if the seller’s entire warehouse were to burn down before the merchandise was shipped to the buyer, the seller would be expected to refund the buyer his money because the sale actually never went through. [9]
This is not to say that one may enter a contract on Shabbat. There is a general prohibition to tend to one’s business matters on Shabbat – which includes speaking about one’s business or doing other arrangements – that is derived from the verse “Mimetzo Heftzecha”[10]. That, however, applies only when one involves themselves with business on Shabbat itself, unlike the prohibition to engage in actual commerce which is may be subject to Rav Akiva Eiger’s injunction.
On the other hand, according to Rav Yisrael Belsky זצ”ל, even if the item does not change ownership on Shabbat, such a transaction is still included in the rabbinic prohibition of commerce on Shabbat. [11]
Furthermore, he argues, even the Poskim who permitted vending machines would prohibit a webstore, because – in the case of the former – once the seller places the items in the vending machine he is totally removed from the facilitation of their sale and thus he is not considered to be associated with the eventual sale on Shabbat. With a webstore however, the seller is still an active participant in the sale until he ships out the item and is therefore considered the facilitator of its sale on Shabbat even though he did not actually do any action on Shabbat itself.
According to Rav Belsky, the only permitted form of selling merchandise through a webstore on Shabbat would be by placing a notice on the website stating that all sales taking place on Shabbat or Yom Tov are not final until after Shabbat or Yom Tov, which means that both the buyer and the seller have the right to back out until then.
Summary
According to the majority of the Poskim, selling merchandise on Shabbat through a webstore does not constitute Hillul Shabbat in any way and is therefore permitted. The same is true for selling an item, or placing a bid to purchase one, through an auction listing on websites such Ebay, even if the auction is scheduled to end on Shabbat. However, according to some Poskim, most notably Rav Yisrael Belsky זצ”ל, such sales stand in violation of the rabbinic prohibition against conducting business on Shabbat, and keeping a webstore open on Shabbat would only be allowed if the buyers are notified that the sales will only be final after Shabbat.
[1] הובא במנחת יצחק (ח”ג סל”ד)
[2] שו”ת קמא סי’ קנ”ט
[3] סי’ ש”ו אות י”ד
[4] או”ח סי’ ע”ז, ובפרט אם אכן יש חשש שיבא לידי כתיבה
[5] ח”ב סי’ קי”ז
[6] שו”מ (מה”ד ו’ סי’ ז’) שו”ת תורת חסד (סי’ יג’) חזו”א (דמאי סי’ ל’ או’ יב’)
[7] חזון עובדיה, ח”א עמ’ קנד-קנז
[8] ועיין בשש”כ פכ”ט סכ”ח. ויש להעיר דהשו”ע (או”ח סי’ רמו ס”א) הביא בשם י”א ששיך דין שביתת כלים בכלים שעושים בהם מלאכה, והרמ”א כ’ שהעיקר כדבריהם להחמיר, וכן העלה החיד”א בברכ”י, א”כ לדבריהם יש להחמיר במכונות אלו שנעשה בהם מלאכה בפעולות חשמל וכדו’. ואע”פ דקיי”ל כשי’ הראשונה בשו”ע שכן פסק הוא בסתם מ”מ מהיות טוב כ’ בחזון עובדיה הנ”ל שטוב שיאמר שאינו רוצה שתקנה לו רשותו, שהרי אין חצירו קונה לו בע”כ, ובכה”ח (אות כה) כ’ דמדינא אף בלא אמירה שרי משום דאיסורא לא ניחא ליה למקני מדין חצר.
[9] This is in fact Ebay’s official policy
[10] ישעיהו נח, יג
[11] שו”ת שלחן הלוי (פ”ד, שאלה ב’)