Q&A from the Bais HaVaad Halacha Hotline

Rules of Order

February 20, 2025

Q May I order groceries from Instacart on Friday if they might arrive on Shabbos?

A The prohibition of amirah lenachri applies even if the non-Jew was given his instructions before Shabbos. If it is late in the day, and it is not feasible for the food to arrive before Shabbos, you may not place the order, as you would effectively be instructing a non-Jew to perform melacha on Shabbos (O.C. 247:1).

If the food might be delivered before Shabbos, you may order, even if it probably won’t. This is because the non-Jew receives a set payment for the job (known as ketzitzah) rather than payment for the time he spends (O.C. 152:4). But the food you receive may not be usable on Shabbos, because the Mishnah (Shabbos 122a) says that if a non-Jew performs melacha on Shabbos for a Jew—such as lighting a candle, drawing water (in reshus harabim), or constructing a ramp—the Jew may not benefit from that work until after Shabbos. In certain cases, a further delay—kedei sheya’aseh (the time it would take to complete the work)—is required after Shabbos ends. The Rama (O.C. ibid.) rules that even in situations like yours, where the non-Jew is paid by ketzitzah so amirah lenachri is permitted, you still may not benefit on Shabbos from his work. In your case, because the non-Jew performed melachos on your behalf, the food may not be eaten until after Shabbos. But if you don’t have enough food for the Shabbos meals otherwise, you may be lenient.

If the melachos performed were only deRabanan, the food may be eaten by someone other than the purchaser and his household, which includes his guests (O.C. 325:8). This would be the case if the delivery was made by bicycle and the area between the grocery store and your home does not include a very busy thoroughfare that qualifies as a reshus harabim deOreisa.