Orthodox Neighbors Trespassing

Question

We are Reformed Jews and we drive on Sabbath. We just bought a new house in the orthodox part of town to be near our children and grandchildren, who are orthodox. We moved near them because we want them to be able to walk to us on Sabbath. Our new orthodox neighbors have been nothing but trouble.

It didn’t take long to find out that the orthodox people previously used the yard of this house as a shortcut between neighborhoods to shave walking time off their routes by foot during Sabbath. Apparently the people who lived here before were very amenable to that and left their gates open.

That was them, but that’s not who we are. We are private people who are not comfortable letting lots of strangers walk through our yard. We lived before in a quiet suburb where no one did that. Neighbors respected one another’s boundaries. That’s what we’re used to. And we have an aggressive dog.

Lots of orthodox people have been approaching us, angry that we won’t let them through. Someone said to us they will take us to a “base bin,” whatever that is, if we don’t open our yard. I never heard of any such thing, but they sound so threatening. A reporter for a small Jewish community online newspaper is planning on writing a story portraying us in a negative light for this.

As an orthodox rabbi, what do you think? How is it that our orthodox neighbors can bother us like this? How can they force us to live a certain way just because we are their neighbors? Don’t we have our rights? We bought our house to be our private sanctuary, not a public pathway we pay for and maintain for the sake of others.

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Answers

  1. I am so terribly sorry that you are being subjected to difficulties and I hope and pray that your neighbors will be able to accept the fact that you do not want your property used as a shortcut.

    The “Base Bin” that someone threatened to take you to is a Beis Din and it is a Jewish court of law. To be sure that what I was telling you was correct I spoke with the head of a very prestigious Beis Din here in Jerusalem and he said that while the issue is actually legally complex and detailed from the perspective of Jewish Law, the practical application is that you are entitled to do as you feel fit with your own property and you have no obligation to let anyone use your yard as a shortcut.

    Subsequently, you are perfectly within your rights as the homeowners to lock your gates and put up a sign that there is a guard dog on the premises.

    Best wishes from the AskTheRabbi.org Team