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...
Asking a Non-Jew to Turn the Lights on in a Synagogue; If a Non-Jew Turns on the Electricity in the Circuit Breaker
Situations in Which One May Benefit From Light Turned On by a Non-Jew on Shabbat
Shabbat – If a Non-Jew Turns a Light On For a Jew; Asking a Non-Jew to Turn On the Heat
Medications on Shabbat
Should One Fast on Shabbat if He Had a Bad Dream on Friday Night?
Is A Ladder Considered Mukse On Shabbat
Mukse-Stored Foods and Wines
Are Pets, Live Fish and Aquariums Mukse?
Are Balls and Games Mukse on Shabbat?
Is it Permitted to Hold a Child on Shabbat Who is Carrying Mukse?
Is It Permissible for Children to Build with Lego on Shabbat?
Grinding Spices on Shabbat
Grinding Cheeses on Shabbat
Grinding Cooked Meat on Shabbat
Grinding on Shabbat for Immediate Use
Page of 239
3585 Halachot found