Hezek Re’iyah: The Jewish Laws of Privacy

Rabbi Mordechai HaLevi Schwartzbard, a posek (halachic authority) in Modi’in Illit, explains the concept of “Hezek Re’iyah” — damage caused by sight. This refers to harm that one person causes another by looking into his private domain, and the halachic principles that stem from it.

1. The Prohibition of “Hezek Re’iyah”

It is forbidden to look into another person’s home to see his actions or possessions. Such observation is considered an invasion of privacy and a form of damage.

2. Opening Windows Toward a Neighbor

It is also forbidden to open a window facing a neighbor’s property or directly opposite his window. The Talmud (Bava Batra 22b, end of Perek Hezekat HaBatim) discusses the required distance that must be kept between the windows of two families to prevent intrusion.

3. The Law in Shulchan Aruch

The Shulchan Aruch (Choshen Mishpat 154:7) rules that even if someone already has a legal right (“chazakah”) to a window facing his neighbor’s property, he does not have to close it — but he may not stand there and look into his neighbor’s domain.

4. Standing in Another’s Field

The Talmud also prohibits standing in a friend’s field while the crops are growing, so as not to harm them through the evil eye (ayin hara).

5. Looking at Another’s Success

From this, we learn that one must not gaze at a friend’s successful business ventures — such as his shop or merchandise, especially when he is not selling at the moment. Certainly, one must not do so with jealousy or ill will, for that may cause harm through the evil eye.

6. Building a Partition Between Neighbors

The Talmud discusses the obligation of partners sharing a courtyard to build a partition between them, so that neither can harm the other by looking into his affairs. Practically, one neighbor may demand that the other participate in building such a divider. The Tur (Choshen Mishpat 157:3) details the required height and strength of these partitions. The Sema explains that if they cannot afford to build one, they may still share the courtyard — but each must take care to avoid causing visual harm to the other as much as possible.

7. The Ruling of the Alter Rebbe (Shulchan Aruch HaRav)

In Hilchot Nezkei Mamon 11, he rules: Just as it is forbidden to stand in a neighbor’s field and look at it while it is growing — so as not to harm it through the evil eye, so too, it is forbidden to look at a person himself in a way that could cause him harm through the evil eye.

8. Respecting Another’s Privacy

Even in matters of one’s friend’s business or private actions that pose no danger of the evil eye — if they are done in his own home or property, it is forbidden to observe them without his consent. Perhaps he simply does not wish others to know his affairs.

9. Avoid Looking into a Neighbor’s Courtyard or Home

It is therefore forbidden to look into a neighbor’s courtyard — and certainly not into his house, without permission. Even if he sees you and remains silent, perhaps he is embarrassed to ask you to stop.

10. Practical Application — At Someone’s Door

When knocking at someone’s door, the homeowner may step inside to bring something and leave the door slightly open. In that case, one must stand to the side and avoid peering inside. As the Rema (Choshen Mishpat 154:3) writes — a person must be careful not to look into another’s home.