Special Delivery

This article will touch on some issues regarding ordering food items from Amazon that will be delivered on Purim day. Does it qualify as mishloach manos? One aspect, in particular, is directly relevant to a Gemara in Bava Metzia. These issues can be relevant to other situations as well. The purpose of this article is to engender discussion and not for practical halacha.

The first issue that must be addressed is whether there is anything wrong with ordering mishloach manos before Purim that will be delivered on Purim day. The Torah L’Shma (188) writes that the answer depends on the primary reason for mishloach manos. The Terumas HaDeshen writes that the primary reason for the mitzvah is that everyone should have plenty of food for the Purim seudah. Therefore, as long as the recipient receives the food items on Purim day, the sender has fulfilled the mitzvah. However, the Manos HaLevi writes that the primary reason for the mitzvah is to increase goodwill and friendship between Yidden. Therefore, although the recipient has warm and fuzzy feelings about receiving the food present on Purim, the sender might have long forgotten about it. Consequently, the Aruch HaShulchan rules that the sender has not fulfilled his obligation of mishloach manos if sent or ordered before Purim. The Beis Avi (4:61) differs and says that according to both reasons for mishloach manos, one has fulfilled his obligation.

Let us assume someone steered clear of the previous machlokes and ordered food items on Purim for same-day delivery. What other issues are there? There is a discussion about whether mishloach manos needs to be delivered by an agent or one can deliver it himself. The Binyan Tzion (44) is unsure. Perhaps, one can only fulfill the mitzvah of mishloach manos if delivered by an agent. Rebbe Akiva Eiger then questions further: if an agent is required, can one use a minor or gentile as a shliach? Perhaps only an individual with the same obligation level as the sender can serve as a shliach. However, practically, most poskim rule that mishloach manos does not need a shliach and certainly not a “real” shliach. Still, Rav Chaim Kanievsky said it better not to do the mitzvah through a gentile.

The next issue is what if Amazon delivered the mishloach manos and the recipient is unaware of who sent it? It might depend on the machlokes cited above. If the primary reason for mishloach manos is that everyone should have food for the seudah, the sender has fulfilled his obligation. (Rav Zilberstein suggests this.) If the primary reason is for the goodwill generated, then in this situation, there isn’t much goodwill. The recipient has no idea who sent it! The gift did not increase friendship. The Aruch HaShulchan is consistent with his view that mishloach manos should increase joy and friendship. He rules that the sender has not fulfilled his obligation with an anonymous mishloach manos.

Let us assume that the recipient knows who sent the delivery via Amazon. He received an email that the delivery was on the way. However, he’s not home, and he doesn’t know if his friend actually received it. It would seem, according to both reasons for mishloach manos, that the sender has not fulfilled his obligation. Goodwill has not yet been generated, and the recipient can’t use the items on Purim day. Indeed, the Kovetz Halachos rules that one cannot fulfill his obligation of mishloach manos if the recipient does not know that it was delivered. This would apply to any mishloach manos delivery, not just Amazon.

Let us assume that the recipient has a Ring doorbell camera and knows about the mishloach manos left by his front door. Moreover, he knows who sent it. Still, he is not home and can’t use the items on Purim day. It would seem, according to the Terumas HaDeshen, that the sender has not fulfilled his obligation. After all, the recipient can’t use the items for his seudah. What would the Aruch HaShulchan say? At first blush, the Aruch HaShulchan would say the sender fulfills his obligation. There was already goodwill generated. However, even the Aruch HaShulchan concedes that the framework of the mitzvah of mishloach manos is that the recipient must actually receive something. If there is goodwill generated without the recipient actually receiving something, then the Aruch HaShulchan would say the sender has not fulfilled his obligation. For example, someone sent a messenger service to deliver mishloach manos, and the messenger service was robbed. Though the recipient knows about the sender’s attempt, the Aruch HaShulchan rules the sender did not fulfill his obligation.

Therefore, we must analyze if the recipient acquires the mishloach manos left on his doorstep. The doorstep we are referring to is readily accessible to the public. In halachic parlance, it is called an unguarded chatzer. Certainly, the recipient cannot acquire ownerless items left there. The question of whether or not he can acquire gifts is a machlokes in the Gemara. (Bava Metzia 11a) The Rambam rules like the group of rabbis who say that he cannot. Tosfos, though, rules like Rav Pappa that one may acquire gifts even via an object being placed on an unguarded doorstep. The Shulchan Aruch rules like the Rambam. The Rema does not. However, the Rema doesn’t rule completely like Tosfos either. The Rema holds that the person giving the item watches the unguarded area for a brief moment, rendering it watched. Therefore, if the giver places mishloach manos on the doorstep, he is actually performing double duty. He is delivering the object and also watching the unguarded doorstep at the same time. In such a situation, the owner of the house acquires the gift according to the Rema.

Does this guarding need to be performed by an adult Yisrael? At first, the Aruch HaShulchan says it must. Then he suggests that any method could be employed to render it watched. After all, a fenced backyard is guarded by an inanimate fence. Therefore, even a child or an Amazon delivery driver should suffice. Presumably, the Amazon delivery driver would stop someone from stealing the item as soon as it is placed down on the doorstep.

Interestingly enough, the Shach writes that if he followed Rav Pappa, he would allow even a completely unwatched chatzer to acquire a gift. Still, he rules that one should not rely on the Rema. One should follow the Shulchan Aruch. Therefore, according to the Shach, if one knows the recipient will not be home until after Purim, he should leave the mishloach manos in the fenced backyard. (Once again, this assumes that the recipient will at least find out about the gift on Purim. Then he will at least be yotzei according to the Aruch HaShulchan but not the Terumas HaDeshen.)