Maritime Law in Halacha - Revision history

Maharikorkus at 21:23, 22 August 2024

2024-08-22T21:23:30Z

← Older revision		Revision as of 21:23, 22 August 2024
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	###### Some say that the cargo which was placed last on the boat last.<ref>Sma Shulchan Aruch CM 380. 9</ref>		###### Some say that the cargo which was placed last on the boat last.<ref>Sma Shulchan Aruch CM 380. 9</ref>
	###### Some say the cargo which was registered last.<ref>Shach Choshen Mishpat 380.4</ref>		###### Some say the cargo which was registered last.<ref>Shach Choshen Mishpat 380.4</ref>

			== Maritime Law ==

			== Shipwreck ==

Maharikorkus: /* Rambam vs. Raavad */

2024-08-22T21:03:33Z

Rambam vs. Raavad

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 == Jettisoning ==
-# If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat. It is permitted to throw luggage to save the ship and its passengers.
+# If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat. It is permitted to throw luggage to save the ship and its passengers.<ref>Shuchan Aruch CM 380.4</ref>
 # In such a case- each passenger throws off a percentage of cargo equaling their percentage of weight
 ## for example- if one person's luggage is ten percent of the total cargo by weight aboard the ship, this person must throw off ten percent of the luggage thrown off.
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 ###### Some say that the cargo which was placed last on the boat last.<ref>Sma Shulchan Aruch CM 380. 9</ref>
 ###### Some say  the cargo which was registered last.<ref>Shach Choshen Mishpat 380.4</ref>

Maharikorkus at 21:00, 22 August 2024

2024-08-22T21:00:08Z

← Older revision		Revision as of 21:00, 22 August 2024
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	## for example- if one person's luggage is ten percent of the total cargo by weight aboard the ship, this person must throw off ten percent of the luggage thrown off.		## for example- if one person's luggage is ten percent of the total cargo by weight aboard the ship, this person must throw off ten percent of the luggage thrown off.
	## After the fact, even if the luggage was not thrown off according to this method, the passengers compensate one another for luggage they should have had to throw.		## After the fact, even if the luggage was not thrown off according to this method, the passengers compensate one another for luggage they should have had to throw.
	### Some say that the passengers only compensate for the thrown off luggage in certain cases.		### Some say that the passengers only compensate for the thrown off luggage in certain cases.<ref>Magid Mishnah Hilchot Chovel veMazik 8.15</ref>
	#### They say that if the boat is overweight- any cargo on the boat has the status of rodef. They say that any owners of cargo thrown overboard are not compensated.		#### They say that if the boat is overweight- any cargo on the boat has the status of rodef. They say that any owners of cargo thrown overboard are not compensated.
	##### Others say that is only true if the cargo thrown off the ship was distinct from the cargo left aboard the ship.		##### Others say that is only true if the cargo thrown off the ship was distinct from the cargo left aboard the ship.<ref>Nimukei Yosef Bava Kamma 44a</ref>
	###### Some say that the cargo which was placed last on the boat last		###### Some say that the cargo which was placed last on the boat last.<ref>Sma Shulchan Aruch CM 380. 9</ref>
	###### Some say the cargo which was registered last		###### Some say the cargo which was registered last.<ref>Shach Choshen Mishpat 380.4</ref>

	=== Rambam vs. Raavad ===		=== Rambam vs. Raavad ===

Maharikorkus at 20:47, 22 August 2024

2024-08-22T20:47:30Z

← Older revision		Revision as of 20:47, 22 August 2024
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	~~The Torah contains many laws about ships~~

	== Jettisoning ==		== Jettisoning ==

	# If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat.		# If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat. It is permitted to throw luggage to save the ship and its passengers.
	# ~~The Gemara says that in~~ such a case- ~~everyone~~ throws off a percentage of cargo equaling their percentage of weight		# In such a case- each passenger throws off a percentage of cargo equaling their percentage of weight
	## for example- if one person's luggage is ten percent of the total cargo by weight aboard the ship, this person must throw off ten percent of the luggage thrown off		## for example- if one person's luggage is ten percent of the total cargo by weight aboard the ship, this person must throw off ten percent of the luggage thrown off.
	## After the fact, even if the luggage was not thrown off according to this method, the passengers compensate one another for luggage they should ~~not~~ have had to throw		## After the fact, even if the luggage was not thrown off according to this method, the passengers compensate one another for luggage they should have had to throw.
	# ~~The Gemara also says~~ that ~~if someone brings a donkey aboard a small ferry boat and the donkey goes crazy, all~~ the passengers ~~are permitted to throw~~ the ~~donkey~~ in ~~the river to save the other passengers~~		### Some say that the passengers only compensate for the thrown off luggage in certain cases.
	## ~~The Gemara says~~ that it is ~~permitted to throw~~ the ~~donkey in~~ the ~~river since the donkey is a~~ rodef ~~to the passengers~~		#### They say that if the boat is overweight- any cargo on the boat has the status of rodef. They say that any owners of cargo thrown overboard are not compensated.
	# ~~These halachot present a seeming contradiction~~		##### Others say that is only true if the cargo thrown off the ship was distinct from the cargo left aboard the ship.
	# ~~One Halacha says~~ that ~~everyone has to throw luggage, the other halacha says~~ only the ~~most dangerous~~ cargo ~~has to be~~ thrown off.		###### Some say that the cargo which was placed last on the boat last
	~~This contradiction is fleshed out in a halachic dispute between~~ the ~~Rambam and~~ the ~~Raavad~~		###### Some say the cargo which was registered last

	=== Rambam vs. Raavad ===		=== Rambam vs. Raavad ===

Maharikorkus: /* Donkey Responsibility */

2024-08-20T21:30:52Z

Donkey Responsibility

← Older revision		Revision as of 21:30, 20 August 2024
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	We pointed out that there is a dispute whether cargo is considered rodef. The opinion that considers cargo to be a rodef compares the cargo case to the donkey case, where the donkey is permitted to be killed because it is a rodef.		We pointed out that there is a dispute whether cargo is considered rodef. The opinion that considers cargo to be a rodef compares the cargo case to the donkey case, where the donkey is permitted to be killed because it is a rodef.

	Why is the donkey a rodef? The Tshuvot Maimoniot		Why is the donkey a rodef? The Tshuvot Maimoniot says that the donkey is a rodef only if it was dangerous for a donkey to have been been brought aboard a ferry. If the normal socially practice is for a donkey to be brought aboard a ferry- the donkey cannot be later considered a rodef.

			The Beit Yosef questions this ruling. In halacha a person is permitted to kill a dangerous animal even if the animal has not yet attacked people. The Beit Yosef questions how the Tshuvot Maimoniot can say that the donkey is not a rodef based on the context, even thought practically speaking, the donkey poses a real life danger.

			The Darchei Moshe explains that the donkey is different because the donkey is not a dangerous animal. The Darchei Moshe says that the Tshuvot Maimoniot allowed the passenger on the ship to throw the donkey overboard. However, the Tshuvot Maimoniot required that the passengers split the cost of the donkey unless the donkey was formally a rodef.

Maharikorkus: /* Jettisoning */

2024-08-20T20:47:07Z

Jettisoning

← Older revision		Revision as of 20:47, 20 August 2024
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	The Nimukei Yosef argues that the Maggid Mishnah's answer simply doesn't cut it. Even if we were to say that the Rambam is referring to a case where the ship is overweighed with luggage, it does not give carte blanche to throw pieces of cargo overboard. No cargo is no more of a rodef than any other piece of cargo- we are not sure which piece of cargo was the one that made the ship overweight. In the donkey case, we consider the donkey a rodef since the wild donkey was clearly the chief cause of the danger onboard the ship. In short- the Nimukei Yosef and the Ravad argue that in order for something to be considered a rodef it must be clearly distinguishable in it danger.		The Nimukei Yosef argues that the Maggid Mishnah's answer simply doesn't cut it. Even if we were to say that the Rambam is referring to a case where the ship is overweighed with luggage, it does not give carte blanche to throw pieces of cargo overboard. No cargo is no more of a rodef than any other piece of cargo- we are not sure which piece of cargo was the one that made the ship overweight. In the donkey case, we consider the donkey a rodef since the wild donkey was clearly the chief cause of the danger onboard the ship. In short- the Nimukei Yosef and the Ravad argue that in order for something to be considered a rodef it must be clearly distinguishable in it danger.

			=== Donkey Responsibility ===
			We pointed out that there is a dispute whether cargo is considered rodef. The opinion that considers cargo to be a rodef compares the cargo case to the donkey case, where the donkey is permitted to be killed because it is a rodef.

			Why is the donkey a rodef? The Tshuvot Maimoniot

Maharikorkus: /* Jettisoning */

2024-08-20T20:43:55Z

Jettisoning

← Older revision		Revision as of 20:43, 20 August 2024
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	# These halachot present a seeming contradiction		# These halachot present a seeming contradiction
	# One Halacha says that everyone has to throw luggage, the other halacha says only the most dangerous cargo has to be thrown off.		# One Halacha says that everyone has to throw luggage, the other halacha says only the most dangerous cargo has to be thrown off.
			This contradiction is fleshed out in a halachic dispute between the Rambam and the Raavad

			=== Rambam vs. Raavad ===
			The Rambam says that if a ship is about to break and one passenger throws cargo overboard to save the ship, the passenger who throws the cargo is not liable. The Rambam says that the passenger is permitted to throw the cargo overboard since "the weight in it is like a pursuer (rodef) going after them to kill them."

			The Ravaad argues the baggage is not considered a rodef. The Talmud only considered a donkey a rodef, and the case of luggage is not comprable to a rodef.

			The Magid Mishnah, a commentator on the Rambam, explains that the Rambam is referring to a specific luggage case. There are two situations when luggage needs to be thrown overboard

			# the ship is in a storm and needs to be lightened
			# the ship is overweight

			The Magid Mishnah explain that the Rambam refers to the luggage as a rodef where the ship is overweight. If the ship is overweight, then the luggage is the key reason for the boat being in danger, and therefore the luggage is a rodef. If the luggage is thrown overboard while the ship is in a storm- the Rambam would agree that the costs of the thrown over luggage has to be distributed equally.

			The Nimukei Yosef argues that the Maggid Mishnah's answer simply doesn't cut it. Even if we were to say that the Rambam is referring to a case where the ship is overweighed with luggage, it does not give carte blanche to throw pieces of cargo overboard. No cargo is no more of a rodef than any other piece of cargo- we are not sure which piece of cargo was the one that made the ship overweight. In the donkey case, we consider the donkey a rodef since the wild donkey was clearly the chief cause of the danger onboard the ship. In short- the Nimukei Yosef and the Ravad argue that in order for something to be considered a rodef it must be clearly distinguishable in it danger.

Maharikorkus at 20:26, 20 August 2024

2024-08-20T20:26:48Z

← Older revision		Revision as of 20:26, 20 August 2024
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	== Jettisoning ==		== Jettisoning ==
	If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat.
			# If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat.
			# The Gemara says that in such a case- everyone throws off a percentage of cargo equaling their percentage of weight
			## for example- if one person's luggage is ten percent of the total cargo by weight aboard the ship, this person must throw off ten percent of the luggage thrown off
			## After the fact, even if the luggage was not thrown off according to this method, the passengers compensate one another for luggage they should not have had to throw
			# The Gemara also says that if someone brings a donkey aboard a small ferry boat and the donkey goes crazy, all the passengers are permitted to throw the donkey in the river to save the other passengers
			## The Gemara says that it is permitted to throw the donkey in the river since the donkey is a rodef to the passengers
			# These halachot present a seeming contradiction
			# One Halacha says that everyone has to throw luggage, the other halacha says only the most dangerous cargo has to be thrown off.

Maharikorkus: Created page with "The Torah contains many laws about ships == Jettisoning == If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat."

2024-08-20T20:15:51Z

Created page with "The Torah contains many laws about ships == Jettisoning == If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat."

New page

The Torah contains many laws about ships

== Jettisoning ==
If a ship is caught in a storm- it may be necessary to throw cargo into the water to stabilize the boat.