Halacha

A Daily Halacha podcast, brought to you by Daily Halacha

A Daily Halacha podcast, brought to you by Daily Halacha

A Daily Halacha podcast, brought to you by Daily Halacha

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.

The question was raised whether it is permitted to board a boat on Shabbat in order to perform a misva. This was an actual issue for Jews in Turnberry, who wanted to cross the inter-coastal waterway via ferry in order to reach Shul on Shabbat morning.

The Halacha clearly states that is prohibited to board a boat on Shabbat, even for the purpose of performing a misva. This is so even if the non-Jew at the helm is not working specifically for the Jews on board. The only exceptions to this rule involve cases in which the Jew boarded the boat on Friday, in order to “Koneh Shevita” (establish dwelling) before Shabbat.

SUMMARY
It is prohibited to board a boat on Shabbat, even for the purpose of performing a misva.

The Halacha prohibits boarding a boat within three days of Shabbat for a journey through Shabbat. This restriction only applies to travel not for the purpose of a misva. For example, one is allowed to embark even on Friday afternoon to make Aliya to Eres Yisrael. Business travel, on the other hand, is not considered a misva purpose in this context.

With regard to defining “within three days,” Hacham Ovadia follows the opinion that Shabbat is included in that time span. Therefore, it is permitted to embark from Wednesday.

The Rishonim (Early Commentaries) presented various reasons for the rationale of this prohibition. The Shulhan Aruch (248) adopts the position of the Rif and the Rambam on this issue. They understand that sailing within three days of Shabbat is liable to diminish one’s Oneg Shabbat (Enjoyment of Shabbat), because of the unpleasant salty air and the disorientation and seasickness caused by travel on water. If one embarks on Wednesday or earlier, he will have sufficient time to become acclimated to the conditions, in order to enjoy Shabbat properly.

According to this reasoning, the Shulhan Aruch permits sailing on fresh water, such as rivers, because there is no foul-smelling salty air. The Shulhan Esh deduces from this leniency that travel is only prohibited if both negative factors are present: Foul air and turbulence. Even though there is disorientation from the turbulence in fresh water, the Shulhan Aruch permitted travel because there is no salt air.

SUMMARY:
It is prohibited from Thursday to embark on a boat that will travel through Shabbat. Such travel is permitted if the travel is for a misva or on fresh water.

The Shulhan Aruch (Orah Haim 307:11; listen to audio recording for precise citation) codifies an interesting Halacha relevant to borrowing objects on Shabbat. He writes that if a person wants to borrow his fellow’s object on Shabbat, he must use the word “Hash’ileni,” rather than “Halveni.” These two Hebrew words both mean “lend to me,” but whereas “Halveni” has a connotation of long-term borrowing, “Hash’ileni” is generally used in reference to borrowing for a short period of time. One should not speak of long-term borrowing on Shabbat – for a duration of one month or more – because the parties might end up writing some kind of note as proof of the lending, in violation of Shabbat. Therefore, the Shulhan Aruch writes, one who borrows on Shabbat must ensure to formulate his request with the term “Hash’ileni,” rather than “Halveni.”

But what if a person expresses his request in English, in which the same term – “lend” or “borrow” – is used in reference to both long-term and short-term borrowing?

The Shulhan Aruch writes that one who uses a language that uses the same term for both kinds of borrowing must avoid mentioning “borrowing” or “lending” when he asks to borrow something on Shabbat, and must instead say, “Please give me the object.” The Mishna Berura (commentary by Rav Yisrael Meir Kagan of Radin, 1839-1933) clarifies that one may say, “Please give this to me and I will give it back to you.” One must, however, avoid using the term “borrow” or “lend.”

This Halacha is very applicable. If, for example, a person wishes to borrow his neighbor’s Siddur (assuming, of course, there is a proper Erub), he should ensure not to ask to “borrow” the Siddur, but rather to ask if he could have the Siddur for a period of time.

It should be noted that one may not ask on Shabbat to borrow something after Shabbat. It is forbidden to speak on Shabbat of one’s plans for after Shabbat, and therefore one should not request on Shabbat to borrow something after Shabbat.

Summary: If one borrows something from his fellow on Shabbat, he should avoid using the words “borrow” and “lend” when formulating his request, and should instead ask if he could have the object for the period of time in question.

There are different layers of Halachic issues regarding the reading of newspapers on Shabbat. One issue is the content of the paper. That is, certain content is prohibited to be read on Shabbat because it is considered mundane and inappropriate for Shabbat reading. In fact, many of today’s newspapers and magazines are not even suitable for weekday reading.

Nevertheless, even if the content of the newspaper is permissible, there is still a question as to whether it may be read on Shabbat, because it was delivered by a non-Jew on Shabbat. The Halacha is prohibits subscribing to a newspaper delivered on Shabbat, because it is tantamount to directing the non-Jewish delivery agent to perform the melacha of carrying on Shabbat.

If a person, nevertheless, violated this prohibition, and a newspaper was delivered on Shabbat, it is forbidden to read the newspaper on Shabbat. In fact, the newspaper is muksa and cannot even be moved or brought into the house. The reason is that one is not allowed to benefit from melacha that was done for a Jew on Shabbat until after Shabbat. According to the Be’er Moshe (Ch. 95), it is permitted on Mosei Shabbat only “Bichdai Sheya'asu.” That means the time that it would have taken that newspaper to be delivered on Mosei Shabbat. If it takes the delivery boy half an hour to bring the paper from the place he picks them up, then one would have to wait a half hour after Habdalah before reading the newspaper. The Shemirat Shabbat K’hilchata is a little more lenient. He ruled that one doesn’t have to wait “Bichdai Sheya'asu;” it can be read right away on Mosei Shabbat. This applies to cases in which the newspaper was delivered in violation of the Shabbat. However, if the subscriber stipulated that he is not interested in Shabbat delivery, and nevertheless, the paper was delivered, it is permissible to read on Shabbat.

There is no problem having mail delivered on Shabbat, since the Jew did not request that it arrive specifically on Shabbat. Therefore, it is permitted to read “kosher” magazines that happen to arrive on Shabbat.

SUMMARY
One should cancel his subscriptions to newspapers that arrive on Shabbat. If one cannot cancel the subscription totally, he should at least stipulate to the company that he is not interested in Shabbat delivery.

Newspapers delivered on Shabbat, in violation of the Halacha, are muksa and cannot be read until after Mosei Shabbat.

The question is asked in Halacha whether it is permissible to subscribe to a newspaper or periodical that is delivered to a person’s house on Shabbat or Yom Tob. This is a question that was discussed by many poskim throughout the generations. Most recently, the Be'er Moshe, the Rabbi of Debritsin in his Responsa (Vol. 6:66) rules that this is clearly a major Halachic problem. It is prohibited for a non-Jew to perform melacha for a Jew on Shabbat, at the request of the Jew. When one subscribes to a newspaper, he is directing them to deliver the paper seven days a week. That constitutes a direct instruction to deliver the paper on Shabbat.

The Be’er Moshe discusses the fact that the publisher prints extra newspapers regardless of how many subscriptions there are. Therefore, they are not printing on Shabbat specifically for the Jewish subscriber. Nevertheless, while the printing may not be clearly problematic, the delivery certainly is. The fact that the delivery boy is going out of his way to the Jew’s address at the request of the Jew is a problem. Even though the paper is delivered the rest of the week, it is still prohibited.

He continues to wonder why the Rabbis are not speaking about this problem. Everyone mistakenly thinks that it is okay. He bemoans this fact and says he was once walking to shul on Shabbat and saw a religious man in his pajamas open his front door and bring in the newspaper. He probably went back to bed and read the newspaper, not realizing that this is clearly a violation of Shabbat.

One might ask what the difference is between a newspaper subscription and delivery of mail on Shabbat. The answer is that the Jew does not instruct the postal worker to come on Shabbat. He is doing it on his own. However, when it comes to a newspaper, the Jew tells him to come on Shabbat.

The only way to allow a subscription that comes on Shabbat would be to make a condition with the company and say that he is does is not interested in delivery on Shabbat and Jewish holidays. If they decide to send it anyway, that's their business.

SUMMARY
It is prohibited to have a newspaper subscription which is delivered on Shabbat, unless one stipulates to the publisher that he does not want delivery on Shabbat and Jewish Holidays.

In general, the Halacha permits engaging a non-Jew in a task, as long as it was not stipulated that the work be performed specifically on Shabbat and the payment was a fixed price. This is the basis for permitting sending of mail or submitting clothes to the cleaners on Friday. Even though the non-Jew may do the task on Shabbat, it is considered as though he is working for himself. It was his choice to do so for his own convenience. As far as the Jew is concerned, the task could have been performed after Shabbat.

However, sending express mail on Friday poses a serious Halachic problem. Since it “absolutely positively has to get there overnight,” it is tantamount to the Jew directly instructing the non-Jew to work on Shabbat. There is no way for the letter to arrive at the specified time without non-Jews transporting it on Shabbat at the behest of the Jew.

The Shevut Yaakov, in his responsa, discusses a possible leniency to send express mail over Shabbat. He bases his approach on a famous dispute between Rabeinu Gershon and the Havot Yair as to whether Amira L’Amira is permissible on Shabbat. That is, is a Jew allowed to instruct a non-Jew to instruct another non-Jew to perform melacha on Shabbat? While telling a non-Jew to work is certainly prohibited, does the addition of an intermediary render it permissible? According to the Havot Yair (siman 49), Amira L’Amira is permitted for the sake of a misva or in the event of monetary loss. Therefore, if one submits an envelope to a non-Jewish employee or postal clerk who then gives it to the non-Jewish mail carrier, e.g. Staples or a mailbox company gserving as agents to give the letter to UPS, this would constitute Amira L’Amira. Such a case would be permitted for the sake of misva or other urgent need.

However, one should be careful not to pre-label the package himself with the address and delivery instructions. This may constitute a directive from the Jew directly to all of the non-Jews engaged in the delivery.

This approach is adopted by the Shemirat Shabbat K’hilchata (Ch. 31), Rav Pinhassi in his work V’Daber Davar and Hacham David in his work on Amira L’Akum.

SUMMARY
It is permitted to send express mail over Shabbat only for the sake of misva or urgent need, as long as the Jew does not pre-label the package with delivery instructions.