Mishneh Torah, Neighbors 7-9

Hook

We live in a world of shared spaces and competing claims. Whether it's two neighbors squabbling over a window or two peoples navigating historical ties to the same land, the fundamental challenge remains: how do we coexist with integrity, ensuring justice for all, while building a hopeful future? This is the enduring dilemma at the heart of the Zionist project – a movement rooted in an ancient people's return to its ancestral homeland, tasked with forging a modern nation-state that embodies its deepest values. Zionism, at its best, isn't merely about asserting rights; it's about the profound responsibility of peoplehood to build a society that is not only strong and secure but also ethically sound, embodying a "strong spine and an open heart" in its dealings with all.

The text before us, Maimonides' Mishneh Torah, offers us a remarkable lens through which to explore this tension. It delves into the granular details of neighborly disputes – windows, walls, projections, and drainage pipes – but in doing so, it lays bare universal principles of property rights, privacy, prevention of damage, and the delicate balance between individual autonomy and communal responsibility. For modern Israel, a nation born amidst complex historical claims and ongoing geopolitical challenges, these ancient legal and ethical frameworks are not mere academic exercises. They are a profound wellspring of wisdom, guiding us in how to build a society that honors its past, secures its present, and navigates its future with a commitment to justice, compassion, and shared well-being for all its inhabitants and neighbors. How do we assert our established rights while simultaneously ensuring we do not cause undue harm, and even more, that we foster mutual benefit? This is the core question that Maimonides helps us grapple with.

Text Snapshot

From Maimonides, Mishneh Torah, Neighbors 7-9:

"When a person has a window in his wall and a colleague comes and builds a courtyard next to it, the owner of the courtyard cannot tell the owner of the window: 'Close this window, so that you will not look at me,' for the owner of the window has established his right to maintain the window even though it is a source of damage." (7:1)

"Accordingly, if a person comes to open a window ... overlooking a courtyard belonging to a colleague, that colleague may prevent him from doing so, for he can tell the owner of the window: 'You will be invading my privacy by looking at me.'" (7:7)

"Whenever there is a situation where one person will benefit and his colleague will not lose nor be lacking anything, we compel that person to cooperate. Not to allow this would be following the traits of Sodom." (7:9)

"A mill must be placed at a distance from a colleague's wall... so that the millstone will not cause tremors to the wall, and so that its noise will not frighten the neighbor." (8:11)

"If he built the projection and the owner of courtyard did not protest immediately, the builder of the projection establishes his right to it." (7:11)

"If, afterwards, the owner of the pipe desires to close it, the owner of the courtyard can prevent him from doing so. For just as the owner of the roof established his right to have his water flow into the courtyard belonging to his colleague, the owner of the courtyard established his right to have the water from his colleague's roof flow into his garden." (7:14)

Context

Date

The Mishneh Torah was composed by Moses Maimonides (Rambam) in the late 12th century CE, specifically around 1170–1180 CE, while he resided in Egypt. This monumental work was a comprehensive legal code, summarizing all of Jewish law gleaned from the Tanakh, Talmud, and other rabbinic literature.

Actor

Maimonides, one of the greatest Jewish legal authorities and philosophers of all time, undertook the ambitious project of systematizing Jewish law. His aim was to create a clear, accessible, and all-encompassing guide to halakha (Jewish law), organized thematically rather than by the discursive structure of the Talmud. He sought to make the vast ocean of Jewish legal tradition navigable for every Jew, from the most learned scholar to the common person.

Aim

This particular section, Hilchot Shkhenim (Laws of Neighbors), falls within Sefer Nezikin (The Book of Damages). Its aim is to provide meticulous guidelines for how individuals should interact when their properties adjoin. Maimonides addresses the inevitable conflicts that arise from living in close proximity – issues of privacy, access to light and air, structural integrity, noise, and shared resources. The goal is to prevent disputes, resolve them fairly when they occur, and ultimately foster a harmonious and just community life, reflecting the Jewish value of "love your neighbor as yourself" within the practical realities of property ownership and development. It defines established rights (chazakah) and outlines the responsibilities to prevent damage (nezek).

Two Readings

Reading 1: The Power of Established Right (Chazakah) as a Foundation for National Presence

Maimonides' intricate rules regarding windows, projections, and shared walls often hinge on the concept of chazakah, or an established right gained through prior use or lack of timely protest. The text repeatedly emphasizes that if someone has been using a particular space or feature (like a window) for a period, and their neighbor did not object, that usage becomes a legally recognized right, even if it inherently causes some "damage" (like a loss of privacy or a potential shadow) to the neighbor. As Steinsaltz notes on 7:1:1, "He has established his right to this damage," meaning the prior existence of the window "preceded the courtyard, and he is established in it." Similarly, building a projection without immediate protest establishes a right to that space (7:11). Silence, in Maimonides' view, can be a form of consent, solidifying a de facto situation into a de jure right.

This principle of chazakah offers a powerful, though complex, framework for understanding the Zionist assertion of Jewish peoplehood and presence in the Land of Israel. The Jewish people possess an ancient, unbroken connection to this land, a continuous, albeit often small, presence, and a profound historical narrative of return. The modern Zionist project involved a dynamic return and rebuilding, transforming desolate lands, establishing thriving communities, and ultimately building a sovereign state. This sustained, active, and creative presence over decades and centuries, culminating in the re-establishment of a Jewish state, can be understood as a powerful form of national chazakah. The state of Israel, through the persistent efforts of its people, has established its right to exist and thrive in its homeland, transforming historical aspiration into a living, breathing reality.

However, just as a neighbor's chazakah to a window might be a "source of damage" to the adjacent courtyard, the establishment of a modern state, while a source of profound hope and security for the Jewish people, has inevitably impacted other populations with their own established histories and connections to the land. The text itself acknowledges the inherent tension: an established right may come with an associated "damage." This reading, therefore, compels us to recognize that while chazakah provides a legal and historical basis for the Zionist enterprise, it does not absolve the established party from the ethical considerations of its presence and actions. It frames the discussion not as a debate over initial ownership in some abstract past, but over the reality of established, living rights, and the responsibilities that come with them in a shared space. It asserts the legitimacy of the Jewish presence and sovereignty while acknowledging the complex "damages" (historical displacement, ongoing conflict, privacy concerns for neighbors) that need to be addressed within this established reality.

Reading 2: The Ethic of Damage Prevention (Nezikin) and Mutual Responsibility Beyond Legalism

While chazakah highlights established rights, Maimonides' text is equally, if not more, preoccupied with the prevention and mitigation of damage (nezek) and the proactive fostering of neighborly harmony. The exhaustive details about distances for walls, cisterns, ovens, mills, and even urination are not merely about avoiding direct physical harm; they are about preventing nuisances, protecting privacy, ensuring light, and maintaining a respectful living environment. As Steinsaltz clarifies on 7:1:2, building a wall to block a window is "so that the owner of the window will not look at him" (privacy). On 7:1:3, leaving space is "so that it will not cast a shadow over him" (light). The law compels a builder to keep a mill at a distance "so that the millstone will not cause tremors to the wall, and so that its noise will not frighten the neighbor" (8:11) – explicitly addressing sensory and psychological nuisances.

Crucially, Maimonides introduces the powerful principle of "not following the traits of Sodom." In 7:9, he states that "whenever there is a situation where one person will benefit and his colleague will not lose nor be lacking anything, we compel that person to cooperate." This goes beyond mere legal obligation; it's an ethical imperative to facilitate mutual benefit and avoid dog-in-the-manger behavior. It speaks to a profound vision of a just society where individuals are not only restrained from causing harm but are actively encouraged, and sometimes even compelled, to cooperate for the good of the community when it requires no personal loss.

This reading urges us to consider the ethical obligations of the State of Israel, particularly as a nation founded on Jewish values, towards all its citizens and neighbors. Having established its chazakah, Israel is called upon to embody this ethic of nezek prevention and mutual responsibility. This means proactively addressing the "damages" – both real and perceived – that its existence and actions may cause. It requires a commitment to equitable treatment, protection of minority rights, and thoughtful urban planning and resource management that minimizes harm and maximizes shared well-being. For example, in planning new construction or infrastructure, the state should not only consider its established rights but also the impact on existing communities, seeking to prevent loss of light, privacy, or access, and striving for solutions that benefit all parties without causing undue burden to any. The "traits of Sodom" principle challenges Israel to actively seek win-win scenarios in its domestic and foreign policy, particularly in contexts of shared resources or disputed territories, where a benefit for one party might come at no cost to the other. This demands a future-minded approach that moves beyond defensive assertions of right to proactive, compassionate engagement, always with an open heart.

Civic Move

To translate these ancient principles into modern action for dialogue, learning, and repair, I propose the establishment of "Shared Space Ethic Councils" in mixed cities, border communities, and areas of contested land use within Israel. These councils would be composed of diverse stakeholders – representatives from different ethnic and religious communities, urban planners, legal experts (familiar with both halakha and modern law), and community leaders.

The primary action of these councils would be to serve as mediating and advisory bodies for new development projects, land allocation decisions, or unresolved neighborly disputes that have inter-communal implications. Their process would be rooted in the two Maimonidean principles we've explored:

1. Assessing Chazakah and Established Realities: The councils would first objectively evaluate existing "established rights" – who has been present, who has built, who has developed, and what uses have been in place without protest. This acknowledges the reality of existing facts on the ground, whether historical or recent, without necessarily validating exclusive claims.

2. Proactive Nezek Prevention and "Anti-Sodom" Cooperation: Crucially, the councils would then focus on identifying potential "damages" (nezek) that proposed actions or existing situations might cause: loss of light, privacy, access, economic opportunity, or cultural disruption. They would actively seek solutions that minimize these harms, drawing inspiration from Maimonides' detailed rules about distancing and mitigating impact. Furthermore, they would be explicitly mandated to seek "anti-Sodom" solutions, compelling cooperation when one party can benefit without the other suffering any loss. This would involve creative problem-solving, such as shared infrastructure, joint economic ventures, or innovative urban designs that ensure equitable access to resources and opportunities.

Through facilitated dialogue, these councils would foster a candid, compassionate space for communities to air grievances, understand differing perspectives, and collaboratively build solutions that reflect both the strong spine of established rights and the open heart of mutual responsibility. This move aims to operationalize ancient wisdom to build a more just, harmonious, and future-minded society in Israel, moving beyond mere tolerance to genuine, ethical coexistence.

Takeaway

Maimonides' intricate laws of neighbors are a powerful reminder that building a nation, like building a home, demands both the assertion of our established rights and an unwavering commitment to our ethical responsibilities. Zionism, in its deepest sense, is the ongoing project of fusing a strong spine of peoplehood and self-determination with an open heart of compassion and justice for all who share this sacred, complex land. The path forward lies in integrating these ancient insights into our modern dilemmas, ensuring that while we stand firmly on our ground, we always strive to be good neighbors, actively preventing harm and pursuing mutual benefit.