Love Thy Neighbor...

Not So Fast…

Remembering numbers is easy. So here’s a number to remember: 3-0-1. And another one… 3-1-1.

Hopefully, the message behind these numbers will be remembered as easily, too. The great mystic scholar and sage of Tzfat, Reb Yitzchak Luria (1534 - 1572), known as the Ariza”l, revealed, that in order to atone for the sin of reporting a fellow Jew to the authorities one will need to fast an astronomical three hundred and one fast days! Hence 3-1-1 may end up costing 3-0-1!

It’s So Easy; Why Not?!

Since 1996, citizens in many areas in the United States and Canada gained the ability to report non-emergency issues to their local government or municipality, simply by dialing 3-1-1. Many people used to call the 9-1-1 emergency lines in order to complain about a noisy party down the block or to ask why the trash pickup seemed to have skipped their block. In an effort to divert these non-emergency calls from tying up the emergency lines, a secondary line was created to deal with these calls.

Although the idea worked out for the better as far as the local governments are concerned, it did present a huge temptation for otherwise G-d fearing Jews to act on impulse in a way that may be contrary to Halacha and Torah values.

We live in tight communities, stacked-up condos upon condos and buildings next to even more buildings. We are constantly bombarded with sightings of what the neighbors are up to. Naturally, grievances are bound to arise, perceived or real. Up until the 3-1-1 lines were established, it was quite the hassle to report on a neighbor. What made reporting even less attractive was the requirement to submit the claim with full name disclosure, thus exposing the reporting neighbor to the wrath of the one being reported. 3-1-1 changed all that. It’s easy to dial three digits from the comfort of your phone, and you can even choose to remain anonymous.

But before you dance those fingers over the touchpad of the phone, consider the following points:

• Causing a Jew to suffer a monetary loss by way of submitting a claim to the authorities is halachicaly not permitted (C.M. §388). Although certain circumstances do exist where one may in fact report on a fellow Jew, in general one may not do so. A neighbor who suffers monetary loss because of a report submitted by another Jew may demand restitution at a Bais Din to recover the loss from that reporter!
• A Jew may not bring a claim before a non-Jewish court or civil agency, even if the objective is only to initiate a stop order against the work being done. There are many competent Jewish batei din who will issue summonses to appear before them in a swift and timely manner. Batei din can also issue stop orders (“ikul”) if needed, and they may permit a party to enter a claim in court or with an appropriate city agency if they determine non-compliance. So there are recourses in place for the G-d fearing Jew, and the obligation to bring forth any claim only before a Jewish court of law is unequivocally clear.

Wrong to Claim a Right?...

Many 3-1-1 related grievances between neighbors revolve around building without proper DOB building permits. Say you wish to extend your front porch so that your sukka will accommodate your growing family. Your downstairs neighbor is upset that his sunlight will be blocked in part by the new extension. Your neighbor across the street is upset because your new extended porch gives its users a vantage peeping point into his home. Your upstairs neighbor is upset that you get to use front yard airspace without compensating him.

Many itchy people with many itchy fingers.

All of these example grievances are entirely not simple-cut. A person may or may not have a right to claim damages done through blocking some sunlight from entering a room. Nowadays, when every home has window treatment, it may be very hard to convince a bais din of peeping damages, all the more so because we live on crowded streets and therefor there may be no expectation of privacy to begin with. Lastly, not every condo owner enjoys airspace rights. A Bais Din would need to examine each claim on its own merits.

Understand Your Motive

Just because someone has not obtained DOB clearance to build does not take away any of his halachic rights of ownership to build as he pleases.

Before deciding on reporting a grievance against a neighbor, some earnest soul searching is required. “Why?”

“Why does it bother me whatever it is that neighbor X is doing?”

“What is it that he is actually taking away from me by doing whatever it is he is doing?”

“Am I just plain jealous?”

“Am I getting back at him for something else entirely?”

“Am I angry at myself for not being able to afford to do that myself?”

“Am I just plain trying to exert control over another human being?”

Or perhaps, think deeply about this, do you see an opportunity to extort something from your neighbor in return for “granting” him your permission to do what he’s doing? “Hi, neighbor X. I see you’re preparing to build an extension here. You know that my wife is allergic to dust and I will have to report you. But, you know, if you will consider building for me a nice deck in my backyard I can probably work it out with my wife…”

My Rav Told Me…

A common phrase among 3-1-1 callers is “my Rav told me that I may/should/must call 3-1-1 and I go according to my Rav…”

Although in general it is common practice to consult with a Rav on day to day halachic dilemmas and do as he instructs, this line of self-justification is problematic and even laughable. It is laughable because with regards to monetary issues between two parties, a Rav may only opine on the problem if both parties present their sides of the story to him. This is such a basic Halacha that a Rav who does opine single-sided is not worthy of the title. Although a Rav can dictate halachic rulings as they are codified in Halacha, a Rav may not seek to adjudicate a dispute without first administering a proper hearing between the parties. And it is problematic because there is no way of knowing exactly what story was related to the Rav, and each detail of a story can affect the subsequent ruling.

May I?                                                                

So, when does Halacha clearly allow calling 3-1-1?

If time is of essence, when the matter cannot wait until a bais din is set up, because of immediate danger to people or to your property, etc. a person is then allowed to take matters into his own hands. A snow-laden sidewalk that freezes over and is ignored by the person responsible for snow removal even after being notified about it, can serve as a good example. In this example, the monetary loss on the reported person is not immediately evident, because in most cases the city will not fine the property owner without providing a window of opportunity first to enable him to rectify the situation and remove the hazard.

But this is contingent on the following two qualifiers: a) there is simply no question whatsoever about the validity of the claim and you are one-hundred-percent sure that you have clear halachic standing on the matter, and b) you proceed to bring forth your claim before a bais din as soon as possible.

However, given the severity of the sin of mesirah - reporting on another Jew, even in such a case it is highly advisable to consult with a competent halachic authority who is knowledgeable in dinai mammon.

Now That You Know…

The numerical Hebrew value of 301 is the same as the Hebrew word for fire, aish. Calling 3-1-1 without true justification is akin to playing with fire. 3-1-1 is a useful tool, but do not let it burn down your place in olam haba.