Maritime Law in Halacha

Source: Halachipedia: Maritime Law in Halacha

Exported: 2025-12-30

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
1. 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.
2. 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.
  1. Some say that the passengers only compensate for the thrown off luggage in certain cases.²
    1. 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.
      1. Others say that is only true if the cargo thrown off the ship was distinct from the cargo left aboard the ship.³
        
        Some say that the cargo which was placed last on the boat last.⁴
        
        Some say the cargo which was registered last.⁵

¹: Shuchan Aruch CM 380.4

²: Magid Mishnah Hilchot Chovel veMazik 8.15

³: Nimukei Yosef Bava Kamma 44a

⁴: Sma Shulchan Aruch CM 380. 9

⁵: Shach Choshen Mishpat 380.4