Visual Infringement: 10 Important Laws You May Not Have Known

Rabbi Mordechai Halevi Schwartzbourd, a religious authority in Modi'in Illit, explains the concept of "visual infringement" - harm that one person causes another by looking into their private area, and clarifies the laws derived from it.

1. The prohibition against visual infringement includes not looking into another person's home to observe their actions and belongings.

2. It is also forbidden to open a window facing another's property, or opposite another's window. The Gemara (in the chapter 'Lo Yachpor' page 22 and at the end of the chapter 'Chezkat HaBatim') explains the required distance between windows of different families.

3. In the Shulchan Aruch (section 154, paragraph 7), it is established that even a person who has an established right to a window facing another's property is not required to close it and may use it, but must not stand at the window and look into the other's property.

4. An additional prohibition explained in the Gemara: it is forbidden to stand in another's field when the crop has grown, to avoid harming it with the evil eye.

5. From the prohibition against standing in another's field, we learn that it is forbidden to look at the successful business affairs of others, such as their store and inventory when they are not intending to sell, and certainly one should not intend to cast an evil eye.

6. The Gemara discusses the obligation of partners in a courtyard to erect a partition between them, so that one does not harm the other. The practical ruling is that one can require their neighbor to make a partition to prevent looking into each other's affairs. (The Tur in section 157 paragraph 3 explains the details regarding the height and strength of partitions. The Sma further explains that if they cannot afford it, they use the space without a partition, but each should distance themselves as much as possible to avoid harming the other through looking.)

7. The Shulchan Aruch HaRav (Laws of Property Damage, paragraph 11) rules that just as it is forbidden to stand over another's field and look at it when it stands at full height - not to harm it with an evil eye, so too it is certainly forbidden to look at another person in a way that might harm them with an evil eye.

8. It is further explained that even regarding business and actions of others where there is no concern of an evil eye, if done in their home and domain - it is forbidden to see without their knowledge, because perhaps they do not wish others to know of their actions and affairs.

9. Therefore, it is forbidden to look into another's courtyard, and needless to say into their house without their knowledge, and even if they see you looking and remain silent - perhaps they are embarrassed to say anything.

10. It is common when knocking at someone's door, and the homeowner goes to bring something for the person outside, leaving the door slightly open, one should be careful to stand to the side and not peek into the house, as explained in the Rema (section 154, paragraph 3) that one needs to be careful not to look into another's house.

Courtesy of the 'Dirshu' website.