"Don't Be A Litterbug!"
Is it permitted by Halacha for a person to litter public property by
disposing of his paper wrappers, empty cans, etc., there? If someone has
dirty water that he used to clean his house, store, or car, is he
permitted to pour it out into the street? Is he liable for any injuries
that he may cause by doing this?
A. It is absolutely forbidden to litter public property with any type of
trash in any manner. This is true even if you are certain that the litter
will not cause damage or injury to the public. (1)
If there is an area in public property where trash has already been
placed by others (even if not in containers designated for this), and
adding to this pile will not cause a greater eye sore, nor will it
increase the risk of damage or injury to those passing by, it is
permitted to add trash to this pile.
B. It is permitted to pour water used to clean one's home or car into the
street, even though the water is not clean. However, this is only if the
water will immediately drain down the sewer etc., and not pose a hazard
to anyone passing by.
Even though this is permitted, if someone would slip on this water and
injure themselves, the person who put the water there is Halachically
liable to compensate for the injuries.
Sources:
(1) The Gemara in Bava Kamma (6a) states: "All of those about whom they
have said (i.e. our Rabbis have given permission) they may open their
drains and rake their sewers (into public property), during the summer
they may not do so, and during the rainy season they may. Even though
they may do so (in the rainy season), if they damage, they are liable to
pay." Rashi there explains that the reason that they may not empty their
water and sewers into the street during the summer is because during the
summer the streets are nice, and doing so will dirty them. However,
during the winter the streets are muddy anyway, and no harm is being
done. He adds that despite the fact that the Bais Din has given them
permission to do so, the home owner is liable for damages.
It is clear from Rashi that it is forbidden to litter and dirty public
streets in any way, even if you are only damaging aesthetically. It
seems from the language of Rashi that this would be equally prohibited
in Israel and in the diaspora; anytime the street is not private property
belonging to the person littering.
It seems obvious that although our Rabbis permitted the pouring of the
drains and sewers into the streets during the rainy season, this was only
if it would not dirty the streets even more, rather it would be washed
away by the rains and their accompanying winds. If the dirt would remain
there and contribute to the mess, it would be prohibited to do so even
during the rainy season.
The Rema in Choshen Mishpat (414:2) quotes the Mordechai (end of Bava
Metziah Siman 416) that even during the summer months, if a person will
take care to remove the water as soon as possible, or if it will
immediately drain off to the side, it is permitted to pour it into the
street. However, if someone were to slip because of the water and injure
themselves on the ground upon which the water is laying, he is liable. If
someone would slip and injure themselves on something else nearby, he
could not be held liable. This is because the liability here is the
liability of a "Bor" - just as one who digs a pit in the public domain
and causes injury is liable. However, this is only where he was actually
damaged by the pit itself, as is stated in Tosafos (Bava Kamma 28b D"H
V'Nashof), and the Sm"a (412:9).
Likewise, the person who poured the dirty water can not be held liable in
a Bais Din for damages that occur to the clothing and vessels (watch,
jewelry, etc.) of the injured party. This is based on the law of the
Torah (Gezeiras HaKosuv) that the person who digs a Bor is exempt from
these things.
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This week's class is based on a column by Rabbi Tzvi Shpitz, who is an
Av Bet Din and Rosh Kollel in the Ramot neighborhood of Jerusalem. His
column originally appears in Hebrew in Toda'ah, a weekly publication in
Jerusalem. It has been translated and reprinted here with his permission
and approval. His columns have recently been compiled and published in a
three volume work called Mishpetei HaTorah, which should be available
from your local Sefarim store.
Feedback is appreciated! It can be sent toatendler@torah.org.
This week's class is based on a column by Rabbi Tzvi Shpitz, who is an Av
Bais Din and Rosh Kollel in the Ramot neighborhood of Jerusalem. His
Column originally appears in Hebrew in Toda'ah, a weekly publication in
Jerusalem. It has been translated and reprinted here with his permission
and approval.
We hope you find this class informative and stimulating! If you do not see a subscription form to the left
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Please Note: The purpose of this column is to make people aware of Choshen Mishpat
situations that can arise at any time, and the Halachic concepts that may be used to resolve them. Each
individual situation must be resolved by an objective, competent Bais Din (or Rabbinic Arbitrator) in the
presence of all parties involved!
