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...
Is There a Requirement Nowadays to Give Portions of a Slaughtered Animal to a Kohen?
Showing Respect to a Kohen
Lighting a Candle in Memory of the Deceased
Reciting She’hehiyanu Upon Seeing a Friend or Loved One for the First Time in 30 Days
Can a Minor be Counted as the Tenth Person for a Minyan?
Saying the Name of a City That is Named After a Pagan Deity
Does One Recite a Beracha When Seeing the President of the United States?
The Disqualification of a Kohen Who Accidentally Kills
Reciting Tikkun Hasot in the Afternoon During the Three Weeks, and Every Night
Sources of the Concept of Gematria
Does a Minor Recite Birkat Ha’gomel?
Praying at the Graves of the Righteous
The Prohibition Against Taking A Short Cut Through a Synagogue
Eating a Special Meal on Rosh Hodesh
Reciting “Va’ani Tefilati” and “Mizmor Shir” When Praying Minha Privately on Shabbat Afternoon
Page of 239
3585 Halachot found