Jewish Law

How the Torah prohibition against moving boundaries applies to all of us

Respecting the property and rights of others forms the basis of a just and tranquil society

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The Prohibition Against Moving Boundaries

Boundary encroachment is a negative commandment that appears in the Torah as one of the 613 mitzvot. While this may sound like a concept that only has relevance to property, the implications are far more extensive.

The Torah forbids a person from altering the boundaries between their land and their neighbor's land, as it is written: "You shall not remove your neighbor's landmark, which those before you have set..." (Devarim 19:14).

The great medieval scholar Rashi, in his commentary on the Torah, explains that this refers to someone who deceives his neighbor by incorrectly marking the boundary between their adjacent properties. This prohibition is a specific case of the general prohibition against theft, yet the Torah dedicated a specific commandment to it when it concerns property in the Land of Israel. Furthermore, elsewhere in the Torah it is written: "Cursed is he who moves his neighbor's boundary marker" (Devarim 27:17).

The halachic (legal) authorities expand on this prohibition, noting that the implications go far beyond disputes over land ownership. The Sefer HaRokeach states that, "Anyone who undermines his fellow man's livelihood is included in the category of encroaching on his neighbor's property."

Another halachic authority, the Maharashdam, rules that if a poor person seeks to enter a field of business already occupied by others, in certain circumstances this will also involve a Torah prohibition.

Furthermore, the Torah approach to copyright laws rests to a great extent upon these principles and thus has great contemporary relevance.

Practical Examples:

  1. Respecting Land Ownership: One may not move fences or markers to expand one's own property into a neighboring plot of land.

  1. Copyright: One must respect the intellectual ownership of those who created even intangible products; do not copy or distribute protected material without proper authorization.

  2. Respect for Others' Livelihoods: One must avoid entering business domains that have already been saturated by others. Consult a rabbi in any case of doubt.

The mitzvah of refraining from encroaching on boundaries is thus a fundamental principle of preserving human dignity and property. Respecting others' boundaries is the basis of a fair and just society, ensuring security and harmony for all.

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