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...
Customs Relevant to Rosh Hodesh
May One Eat Lunch Before Reciting Minha?
Is One Obligated to Pay for Repairs Before Retrieving the Item From the Repairman?
Does a Partial Payment Avoid the Prohibition Against Withholding Wages?
“Bal Talin” – The Prohibition Against Delaying the Payment of Wages
Outbidding A Deal, and Offering A Higher Salary To An Employee From Another Firm
The Obligation to Pay Employees on Time
Dressing Oneself Before Washing His Hands in the Morning; Washing One's Hands if One Awakens Before Hasot
Sleeping with Sisit; Having One’s Tallit Dry Cleaned
Does A Parent Have Rights To The Gifts Given To Thier Minor Children
May One Ride on a Freight Ship Steered by Jews on Shabbat?
Taking a Cruise That Embarks on Thursday or Friday
Must One Repeat Netilat Yadayim During a Meal if He Touches a Sefer Torah, Megilla or Tefillin?
May a Man Shake a Woman's Hand?
Important Dates in the Month of Heshvan
Page of 239
3585 Halachot found