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...
Rules Pertaining to a Husband and Wife Eating Together During the Period of Nidda
Some Laws Relevant Under the Chupa At The Wedding Ceremony
Sitting On The Bed or Couch During The Time of Nidah
Marrying The Daughter of A Kohen
Sephardim Only Should Make 2 Blessings, Not 7, When Making Sheva Berachot Outside The Groom’s House During The Week Following A Wedding
A Heker Is Required When A Husband Is Eating Alone With His Wife While She Is Needah
Is It Permissible For A Yisrael To Marry The Daughter of A Kohen
A Special Prayer for Ereb Rosh Hodesh Sivan
Yehi Shem on the 1st 13 Days of Sivan
Do Metal Peelers Require Tebila?
Is It Required To Dip An Oven Grate or Appliances Such As An Urn or In The Mikveh Kelim
If a Utensil That Had Not Undergone Immersion Became Mixed with Immersed Utensils
Do Plastic or Teflon Utensils Require Immersion in a Mikveh?
Is It Permissible To Allow Minors or Non-Jews To Dip Kelim In The Mikveh
Immersing a New Utensil in a Mikveh on Shabbat
Page of 239
3585 Halachot found