DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.78 MB)
Boat Travel and a Double Doubt in Rabbinic Law

In general, the Halacha permits traveling by boat on Shabbat, provided that one boarded the specified time before Shabbat. However, the Shulhan Aruch (248:2), based on a responsa of the Rambam, adds a caveat to this practice. He rules, that it is only permitted to travel over water on Shabbat, if it is not known for certain that the depth of the water is less than 10 tefachim (handbreadths). If it is known that the water is so shallow, travelling presents a problem of Tehumin (Leaving the boundaries of Shabbat.)

Accordingly, even if one is in doubt as to the depth of the water, it is permitted to travel. Since the prohibition of Tehumin is M’drabanan (Rabbinic Law), the principle of Safek D’raban L’Kula, ("A doubt in a rabbinic matter is resolved leniently") is applied.

Rabbi Akiva Eger (1761-1837) extrapolates a fundamental Halachic principle from this precedent. He points out that even travel above 10 tefachim is subject to question. The Talmud already defined such a case as a Halachic doubt. Therefore, one could have argued that travel over water whose depth is unknown, should be prohibited because of a "Safek Sefeka" (Double Doubt) of stringency: If the water is less than 10 Tefahim, it is certainly prohibited; if the water is deeper than 10 Tefahim, it still presents a problem, because of the side that is stringent even in such a case.

From the fact that the Shulhan Aruch did not take this approach and maintained a lenient position, it can be concluded that the aforementioned argument is faulty. Rabbi Akiva Eger, based on the Shaar HaMelech, thereby deduces a general principle that in a doubt with regard to Rabbinic law, even a double doubt to be stringent is resolved leniently.

This principle is adopted by Hacham Ovadia in Yabia Omer, as well as in Hazon Ovadia (Hilchot Shabbat, Vol. 1). He defends this leniency as a general rule in all areas of Halacha, against those opinions that view it as a special ruling in the case of Tehumin.

SUMMARY
A Halachic doubt in a Rabbinic Law is resolved leniently, even if there are two doubts towards stringency.

 


Recent Daily Halachot...
The Priceless Value of Serving as Sandak
The Connection Between Berit Mila and Speech
The Importance of the Berit Mila Meal and the Meal on the Friday Night Before the Berit
Which Kind of Kohen Should One Select for a Pidyon Ha’ben?
Pidyon Ha’ben – When is a Pidyon Required For a Firstborn Son?
Pidyon Ha’ben – May the Money be Given to a Kohenet?
The Pidyon Ha’ben Meal
If the Day of the Pidyon Ha’ben Falls on Shabbat, a Holiday, or a Fast Day
When Should a Pidyon Ha’ben be Performed for a Child Who Cannot Yet be Circumcised?
Using an Object of Value for Pidyon Ha’ben
Pidyon Ha’ben – If the Kohen Foregoes on the Money
May the Kohen Return the Money Received for a Pidyon Ha’ben?
Keeping One’s Word After Designating a Kohen for Pidyon Ha’ben
Pidyon Ha’ben – Appointing an Agent; Performing the Pidyon Far Away From the Baby
Naming a Baby at a Berit; the Permissibility of Naming an Ill Newborn Before the Berit
Page of 239
3585 Halachot found