Shulchan Aruch: Chapter 248 - Laws Applying to One Who Sets Out on a Voyage by Ship or Travels in a Caravan with Regard to Shabbos

SECTION 248 Laws Applying to One Who Sets Out on a Voyage by Ship or Travels in a Caravan with Regard to Shabbos (1-14)

1One should not set out on a ship that travels on saltwater seas1 less than three full days2 before Shabbos,3i.e., from [the evening preceding] Wednesday onward, [i.e.,] Wednesday itself is also included in the prohibition. [The rationale:] All those who depart on saltwater sea voyages experience discomfort, disorientation, and a change of [physiological] conditions.4 Their bodies become shaken5 by the rocking of the ship and their spirits do not return until three full days have passed. [Therefore,] if one sets out less than three days before Shabbos, he will not experience pleasure on Shabbos.6

When does the above apply? When one sets out on a voyage for his personal concerns.7 For the sake of a mitzvah,8 by contrast, it is permitted to set out even on Friday, even though [doing so will prevent] him from experiencing pleasure on Shabbos. [The rationale:] A person occupied in the observance of one mitzvah is exempt from another mitzvah.9

Nevertheless, as an initial preference, one should come to an arrangement with the non-Jewish [captain of the ship] to halt [the ship] and not proceed on Shabbos.10 If, afterwards, [the non-Jew] does not halt [the ship] on Shabbos, it is of no consequence.11 If, however, it is impossible to have him agree, i.e., even initially he says that he will not halt [the ship’s journey] on Shabbos, there are authorities who maintain that it is forbidden to depart until after Shabbos.12 (Nevertheless, if there is concern that the mitzvah that he is journeying to perform will not be able to be fulfilled because if he delays his journey, leniency may be shown. Similarly, if it is impossible for him to easily find a ship on which he could depart after Shabbos, leniency can be shown in a pressing situation.)

2 If [only] a short journey is involved, e.g., from Tyre to Tzidon, in which instance, it is only a one-day journey if the winds are favorable, it is permitted to set out on Friday morning13 even for one’s own concerns. For it is possible that the winds will be favorable and he will arrive there before nightfall.

In a place where it is customary not to set out on a Friday at all, not even for a short journey, it is forbidden to deviate from the local custom, as will be explained in sec. 468[:9]14 and in Yoreh Deah, sec. 214.15

3 All the above applies with regard to sea [voyages, where people inevitably experience discomfort]. Those who undertake a riverboat journey, by contrast, do not suffer any discomfort.16 [Hence,] it is permitted to set out on such journeys even on Friday under all circumstances, if the boat is traveling for the sake of non-Jews.17

Even though the ship travels many parsaos18on Shabbos, doing so does not violate the prohibition against going beyond the Shabbos limits.19 [This ruling applies] even according to those authorities who maintain that the Shabbos limits of twelve mil are of Scriptural origin.20 [They derive this concept from] the verse:21 “No man may leave his place [on the seventh day].” [“His place”] refers to the camp of [the Children of] Israel [in the desert] which was twelve mil [long].22 Nevertheless, when one travels on the surface of the water, a Scriptural prohibition is not involved, since [the setting] is not comparable to that of the camp of [the Children of] Israel, which was on land.23

True, according to Rabbinic Law, there is a prohibition against going beyond the Shabbos limits even when traveling on water. Nevertheless, if the ship is traveling ten handbreadths above the riverbed, there is no prohibition, even according to Rabbinic Law. [The rationale:] There is uncertainty whether the prohibition against going beyond the Shabbos limits applies above ten handbreadths from the ground even when one journeys twelve mil24 on land, as will be explained in sec. 404[:1]. Since [even] the prohibition against going beyond the Shabbos limits on the surface of water, even when one travels twelve mil, is only of Rabbinic origin according to all opinions, [therefore, we follow] the general rule that when there is uncertainty regarding a Rabbinic prohibition, leniency is granted.25

If, however, the ship travels less than ten handbreadths [above the riverbed], i.e., there are less than ten handbreadths of water between the bottom of the ship and the riverbed, it is forbidden to travel on it during Shabbos beyond the Shabbos limits (see fig. 1 below). [This prohibition applies] even if one entered the ship three days before Shabbos, i.e., from Tuesday night and onward. The prohibition applies even if a large portion of the ship is submerged in the water, and thus the depth of the water on the side of the ship is more than ten handbreadths, but there are not ten handbreadths between the bottom of the ship and the riverbed. [The prohibition applies] even if [the passenger] is sitting in a high place [on the ship] and thus there are more than ten handbreadths between the place where he is sitting [and the riverbed].

There are authorities who permit [such a journey] if the person is sitting more than ten handbreadths [above the riverbed] and his feet do not extend closer than ten handbreadths [to the riverbed],26 provided the ship is traveling more than three handbreadths above [the riverbed].27 [According to these authorities,] the prohibition applies only when the person is sitting on the bottom of the ship and there are less than ten handbreadths between the bottom of the ship and the riverbed; or when he is sitting on another object, but there are less than ten handbreadths between [the bottom of] that object and the riverbed. One may rely on this opinion when necessary.28

4 If a person is in doubt whether or not the ship is traveling ten handbreadths above [the riverbed], he is permitted [to journey on Shabbos]. For whenever there is uncertainty regarding a Rabbinic decree, leniency is granted.29 Stringency is required only when one definitely knows that a Rabbinic prohibition exists.

5 If a person enters a ship30 three [full] days before Shabbos, i.e., on Tuesday or earlier, he is permitted to travel on beyond the Shabbos limits on Shabbos. [This leniency applies] even if he knows that [the bottom of the ship] is traveling less than ten — or even less than three — handbreadths [above the ocean bed or riverbed]. Since the prohibition against traveling beyond the Shabbos limits is only of Rabbinic origin, our Sages did not desire to impose such a stringency and forbid [travel even] when one entered the ship [more than] three days before [Shabbos].31 For [the passenger] is not performing any labor and it is the ship that is carrying him beyond the Shabbos limits.32

Entering the ship three days [or more] before Shabbos is permitted even if it is possible that doing so will require a Jew to violate the Shabbos prohibitions in conducting the ship — even the performance of labor forbidden by Scriptural Law — because of a danger to life.33 At the time he entered [the ship], he was permitted to enter, and after Shabbos commences and it becomes necessary for him to perform work because of a danger to life, he is permitted to do so. This is not considered as desecrating the Shabbos.

Within three days of Shabbos, however, it is forbidden for one to enter a ship, even when the ship travels more than ten handbreadths above [the ocean bed or riverbed], if he knows that he will have to violate the Shabbos laws because of a threat to life. [This restriction applies] even when the prohibition [he will be forced to transgress is only] Rabbinic in origin. For it appears that the person intentionally entered a life-threatening situation so that he will violate the Shabbos laws afterwards.

[One might ask: Why] is there no concern for this matter [when one enters the ship] three days before Shabbos? Because the first three days of the week are referred to as “the days following the previous Shabbos” and are not connected to the coming Shabbos.34 Therefore, one is not obligated to refrain from performing an action which he knows will require him to violate the Shabbos laws on the following Shabbos. When the Shabbos comes and it will be necessary for him to violate its laws because of the danger to life, he is permitted to do so and it is not considered as desecrating the Shabbos.

The three last days of the week, by contrast, are called “the days preceding Shabbos,”35 and they are associated with the coming Shabbos. Hence, one is obligated by Rabbinic Law to be careful not to perform any actions that he knows will require him to violate the Shabbos laws afterwards, so that it will not appear that his intent in performing this action is to violate the Shabbos laws afterwards.

6 Even if [a traveler] knows that he will not have to violate the Shabbos laws at all, for non-Jews will perform all the necessary [tasks], nevertheless, if the ship is primarily journeying for the sake of Jews — e.g., most [of the passengers] are Jewish36 — it is forbidden to enter the ship37 within three days of Shabbos even if it travels ten handbreadths above [the riverbed]. For there is an absolute prohibition in having the non-Jews perform work in conducting the ship [to its destination] on Shabbos.

([The prohibition applies] even though they perform these tasks on their own initiative, without a Jew instructing them, and their intent is for their own benefit — to receive the wage agreed upon for them for their work in bringing [the passengers] to their destination. They are [consequently] considered as contractors for that [job], and [generally] it is permitted to allow a contractor to perform his work on Shabbos.38 Nevertheless, in this instance,) the Jew benefits on Shabbos from the actual work the non-Jew performs on that day for his sake. (In such an instance, the entire work is identified with the Jewish [passengers]. True, the non-Jew [also] intends to benefit from [performing the required task]. Nevertheless, since at the time the task was performed, the Jew benefitted from it, [it is considered to have been] performed for his sake more than for the sake of the non-Jew.

[To explain the distinction: In this instance,] the non-Jew intended to perform the task for the benefit of the Jew, but is doing so for the wage that [the Jew] will pay him.39 [Therefore,] he does not resemble a contractor who fixes articles for a Jew on Shabbos. In the latter instance, the Jew does not benefit on Shabbos itself from this actual work, only after Shabbos, when the articles are finished and [the Jew] uses them.)

[Based on the above,] there is never any license to travel on a ship that is traveling [primarily] for the sake of Jews. [An exception is made and] permission is granted only because of danger, because [the Jews] had already entered the ship [when it was permitted], and if the ship does not continue [its journey, the passengers] will be endangered. As such, one may enter [the ship] only [more than] three days before Shabbos,for the reason explained above.40

7 All of the above applies when one travels for one’s personal concerns. For the sake of a mitzvah, by contrast, it is permitted to set out even on a Friday,41 even if:

a) the ship travels less than ten handbreadths above the riverbed;

b) when [the ship] draws near to the city, it is possible that he will have to journey beyond the Shabbos limits, because of the danger;

c) the ship is traveling for the sake of Jewish [passengers]; and

d) it will be necessary for him to perform actual labor that is forbidden by Scriptural Law.

Since [his actions] at the time of his departure are permitted, our Sages did not impose any decrees when he is journeying for the sake of a mitzvah, even if afterwards, he will be required to desecrate the Shabbos because of a danger to life.

Nevertheless, as an initial preference, he should come to an arrangement with the non-Jewish [captain of the ship for the ship] to halt and not proceed on Shabbos if there is no danger involved. If, afterwards, [the ship] does not rest and proceeds even when there is no danger, it is of no consequence.42

8 As will be stated in sec. 307[:12, even] for the sake of a mitzvah, our Sages did not permit the desecration of Shabbos, not even the violation of a shvus,43a Rabbinic ordinance — only a shvus of a shvus.44Therefore, if there is no danger involved in leaving the ship and not proceeding with [the others] beyond the Shabbos limits, one is forbidden to set out on that ship and journey with them on Shabbos, even if he is traveling for the sake of a mitzvah, if [the ship] journeys while less than ten handbreadths above the riverbed, unless he enters it [more than] three [full] days prior to Shabbos.

9 Similarly, it is forbidden for a person to enter a ship on Shabbos itself,45 even if: a) he is journeying for the sake of a mitzvah; b) the ship travels ten handbreadths above the riverbed; and even if c) he is traveling [only] within the Shabbos limits; and even if d) [the ship] is traveling [primarily] for the sake of non-Jews.46

For it is forbidden to enter a ship on Shabbos at all, even if it is not traveling at all, but merely remains floating [in one place] on the water’s surface, as will be explained in sec. 339[:10. The rationale is that when one is on a ship,] it appears as if he is himself floating and swimming in the water. And it is forbidden to swim on Shabbos lest one make a swimmer’s barrel,47 i.e., a barrel used to teach oneself to swim in water.

If, however, one entered the ship on Friday, even though the ship will also proceed on Shabbos and thus it will appear as if he is floating [on Shabbos], our Sages did not issue a decree.48 For the person is not doing anything on Shabbos itself. He is floating as a natural consequence of having entered [the ship] on Friday, and at that time, he was permitted [to do so, and, indeed,] even to fashion a floater’s barrel. Accordingly, even if [the ship] sets off from the land on Shabbos itself, it is of no consequence, since he entered it on Friday. Nevertheless, if he [subsequently] left the ship, it is forbidden for him to reenter it on Shabbos, because entering it on Shabbos [violates] the prohibition against floating.

There are authorities who permit one to reenter [a ship] on Shabbos and embark [on a journey] if he established it as his place for Shabbos on Friday evening, i.e., he was on the ship from the beginning of bein hashamashos49until nightfall. Since he [established the ship] as his place for Shabbos when Shabbos commenced, it is considered as his home. Even though he departs from it and tarries for a lengthy time on land, and even if he [spends the night] sleeping there, he does not forfeit the designation of the ship as his place for Shabbos. He must, however, be mindful to return to the ship that he designated as his Shabbos place, and not to enter another ship.50

It has become the widespread custom in some locations [to follow the second view]. Although fundamentally, the halachah follows the first view, one should not admonish [others who do not follow this view,] since they have [competent] authorities on whom they can rely.

Nevertheless, after the ship has left the Shabbos limits [of the original city, its Jewish passengers] are forbidden to descend onto dry land, even if the ship entered within a city that was enclosed by a wall for the sake of residence, as will be explained in sec. 405[:7].

There are those who furthermore follow the practice of arranging their [Shabbos] table on the ship, lighting [Shabbos] candles there, and making Kiddush [there on Friday night] in order to publicize to everyone that they have made it their Shabbos place, and thus [even if they leave the ship and then return], no one will harbor suspicions about them when they [depart] during the daylight hours of Shabbos.

Nevertheless, those [who follow this practice] must be careful to remain aboard the ship throughout the entire duration of bein hashamashos until nightfall, without leaving the ship at all during that time. For there is [a halachic] uncertainty regarding each and every moment of bein hashamashos, concerningwhether it is considered the onset of night, [and thus the onset of Shabbos].51And at the moment of the onset of the [Shabbos] night, one must be on the ship, as explained above.

10 Even if a festival falls on Friday, one may establish his Shabbos place on board [the ship],52 for this is not [considered a violation of the prohibition against] “preparing” [for Shabbos on a festival].53 Even if one already established [the ship] as his place before the festival [on Thursday], that act is not effective with regard to the Shabbos that follows [the festival]. Similarly, if one established [the ship] as his place for Shabbos on Friday, that act is not effective with regard to a festivalthat follows the Shabbos, and he must reestablish [the ship] as his place during bein hashamashos on the Saturday evening preceding the festival. The same laws apply with regard to the two successive days observed as festivals in the Diaspora.54 On the two days of Rosh HaShanah, by contrast, establishing [the ship] as one’s place on the day preceding the first day of the festival also suffices for the second day,55 as will be thoroughly explained in sec. 416.56

11 All of the above applies when one sets forth [on a boat] on a river, when the boat journeys [primarily] for the sake of non-Jews, and travels more than ten handbreadths above [the riverbed].57

Even if the boat is being pulled by animals that walk along the riverbanks,58 that is of no consequence [and license is granted to travel aboard the boat]. The situation is not analogous to a carriage that is pulled by animals [on land], in which it is forbidden as a decree to travel [on Shabbos]even within a town’s Shabbos limits, lest one cut off a branch to use as a prod to direct the animals, as will be stated in sec. 305[:23. The rationale for the distinction:] A person sitting in a carriage is [sitting] near the animals and it is common practice for him to direct the animals at times.59 When, by contrast, one is traveling on a boat, he is far from the animals that walk along the riverbanks and pull the ship by means of long ropes.60 Thus, it is never the practice of [one sitting on the ship] to direct them.

12 In those places where it is customary to depart [on a ship] even on sea journeys (on Friday, or even on Shabbos, by establishing the ship as one’s Shabbos place on Friday), [even] if one is not traveling for a mere pleasure trip, but for commercial activity 61 or to see friends, he should not be admonished. [The rationale is that] there is an authority who maintains that whenever a person sets out on a commercial venture — even if he has enough food to eat and just wants to make more profit — or when he journeys to see a friend, he is considered as traveling for the sake of a mitzvah with regard to having a license to set out within three days of Shabbos. [License is granted] even though, [by undertaking the trip], he will nullify [the mitzvah of] enjoying Shabbos and, moreover, it may be necessary for him to have to perform a forbidden labor because of a risk to life.

[According to this opinion, traveling] for one’s personal concerns refers strictly to a [mere] pleasure trip.

13 [The following laws apply to people] who journey with a caravan in the desert. Everyone knows that they will be required to violate the Shabbos [prohibitions], since they will not be able to tarry alone in the desert on Shabbos due to the danger involved. [Therefore,] they are forbidden to set out on a journey within three days of Shabbos for the reason explained above62 unless they set out for the sake of a mitzvah, e.g., to immigrate to Eretz Yisrael.63 In such an instance, if the opportunity to depart with a caravan arises, they are permitted to depart, even on Friday. As an initial preference, one should arrange with [the other travelers] that they will halt on Shabbos.64If, afterwards, when they are in the desert, they do not desire to rest, [a Jewish traveler] may go with them, [proceeding] beyond the Shabbos limits and even beyond twelve mil:65 a) if they are afraid of predatory animals; or even b) if he is afraid of robbers, lest they steal his animal and he will then be able to proceed only on foot, or they will take his money and thus he will not be able to survive in the desert, or they will take his clothes in the winter, and he will be in danger of dying from the cold.

All the above are considered as dangers to life, for which permission is granted to proceed with the caravan.

There are authorities who maintain that since one knows with absolute certainty that he will be required to desecrate the Shabbos, it is forbidden to depart on such a journey, even on Sunday and even for the sake of a mitzvah. License was granted to set out for the sake of a mitzvah [less than three days before Shabbos], or [if not for the sake of a mitzvah,] more than three days before Shabbos,only on a ship, where there is no absolute certainty that he will have to desecrate the Shabbos.66For it is possible that when Shabbos arrives, [the ship] will reach another port and remain there for the entire Shabbos. [In such an instance,] he will not desecrate the Shabbos by performing forbidden labor or by proceeding beyond the Shabbos limits. [Since there is a possibility of that occurring,] our Sages granted leniency [for one to set out] more than three days before Shabbos — and, for the sake of a mitzvah, even within three days [of Shabbos] — even though the water is not ten handbreadths deep,67 and even though it is almost certain that [the ship will not dock for Shabbos, and] one will have to desecrate the Shabbos. When, however, there is absolute certainty that one will have to desecrate the Shabbos, they did not show any leniency at all.68

One should be stringent and follow their ruling. Nevertheless, one should not admonish those who embrace the leniency, because they have a halachic authority on whom to rely.

One should not admonish even one who journeys to Eretz Yisrael [only] for commercial activity, but not to settle there, because there is an authority who maintains that this is also considered a purpose associated with a mitzvah, for our Sages state:69 “Everyone who walks four cubits in Eretz Yisrael is assured of a portion in the World to Come.”70

Nevertheless, if one travels within three days of Shabbos for commercial activity or to see a friend, he should be admonished, because there are many authorities who do not consider this a purpose associated with a mitzvah at all.

14 All the above applies as an initial preference. After the fact, however, once one has already set out on a caravan, even on Friday, and even [if merely] for a pleasure trip, [if] he reaches a place where there is a concern for danger should he separate from the caravan, he may proceed with them on Shabbos until he reaches a place where there is no concern for danger if he separates from them. There he must halt and not proceed [further] with them. Even if he is close to a town, he should not enter it, because he is only allowed to proceed four cubits, as is the law regarding one who goes outside the Shabbos limits.71

Even if he was concerned with danger until he entered the town,72 he is not permitted to proceed within it more than four cubits,73 even if the town is surrounded with a wall for the sake of habitation,74 since he went beyond [his Shabbos limits] without the license of the Sages.75 For they forbade a person from setting out with a caravan within three days [of Shabbos] for his personal concerns. In this context,76 even setting out for commercial activity or to see a friend is considered as one’s personal concerns, as explained above.77

Nevertheless, if a person sets out [with a caravan] because he is not familiar with the law and thinks that it is permitted for him to set out even for his personal concerns, he is permitted to walk throughout the entire town and 2000 cubits in all directions. [He is granted this leniency,] since initially, he did not set out to intentionally transgress, and afterwards, when Shabbos arrived, he was in a place of danger. Hence, [although] he journeyed beyond the Shabbos limits on Shabbos, he is governed by the laws pertaining to one who went beyond the Shabbos limits in order to save lives. [Such a person] is granted 2000 cubits in every direction, as will be stated in sec. 407[:1].

Therefore, even if there was no concern for danger before he reached the city, he is permitted to enter the town if he is within 2000 cubits of it.78 Needless to say, [this ruling applies] if he departed for a permitted purpose — i.e., for an actual mitzvah or more than three days [before Shabbos]. He is granted 2000 cubits in every direction [even] if, in the place he reaches, there is no concern for danger if he would leave the caravan.