Maritime Law in Halacha: Difference between revisions
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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. 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. | |||
## 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.<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. | |||
##### 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.<ref>Sma Shulchan Aruch CM 380. 9</ref> | |||
###### Some say the cargo which was registered last.<ref>Shach Choshen Mishpat 380.4</ref> | |||
== Maritime Law == | |||
== Shipwreck == | |||
Latest revision as of 21:23, 22 August 2024
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.[1]
- 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.
- 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.[2]
- 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.
- Some say that the passengers only compensate for the thrown off luggage in certain cases.[2]
