Ownership of the Natural World: Difference between revisions
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"And Hashem said to them you shall reproduce and grow and fill the Earth and conquer it, and rule upon the fish of the sea and the birds of the sky and in all the beasts that crawl upon the Earth." | "And Hashem said to them you shall reproduce and grow and fill the Earth and conquer it, and rule upon the fish of the sea and the birds of the sky and in all the beasts that crawl upon the Earth." | ||
This instruction is understood by some commentators as giving | This instruction is understood by some commentators as giving Adam the property rights over the Earth and all of its creatures.<ref>see Seforno, Ramban, Emek Davar ibid.</ref> Some commentators that man was given property rights only later on in Bereishis 2.19 when Hashem presents all the animals before Adam for Adam to call them by their name.<ref>Tzafnat Paneach on Dvarim 13.17 | ||
The Rogachover argues that because it is not mentioned whether Adam called unto the fish (Tosafot on Chullin 66b), there exists no Torah level ownership of a living fish </ref> | |||
== Ownership of the Sea == | == Ownership of the Sea == | ||
Everything in the sea and the desert is considered owner-less and free for the taking.<ref>Mishnah Torah Hilchot Zechiah 1.1</ref> There is a dispute over the extent that people are able to own nature. Some say that while the fish in the ocean are able to be owned by whoever fish them, the sea itself cannot be owned.<ref>Sma Choshen Mishpat 273.17</ref> Others say that while private individuals cannot own the ocean or the desert, governments can, because the | Everything in the sea and the desert is considered owner-less and free for the taking.<ref>Mishnah Torah Hilchot Zechiah 1.1</ref> There is a dispute over the extent that people are able to own nature. Some say that while the fish in the ocean are able to be owned by whoever fish them, the sea itself cannot be owned.<ref>Sma Choshen Mishpat 273.17</ref> Others say that while private individuals cannot own the ocean or the desert, governments can, because the government's right to property is over the whole area of a country. According to the opinion that governments have the ability to own the untamed areas of nature- governments also have the ability to sell plots of the sea or desert as property to private citizens and thereby give them a title.<ref>Shulchan Aruch HaRav Choshen Mishpat Hilchot Hefker veHasagat Gvul</ref> | ||
== Animals == | == Animals == | ||
Just as people are able to own land- so too they are able to own animals. However, if an animal rebels from the ownership of its owner it becomes owner-less. Some extend this principle to say that animals which are never fully accessible by humans cannot be considered owned on a Torah level. However on a Rabbinic level the Rabbis decreed in a series of cases that one is forbidden to steal | Just as people are able to own land- so too they are able to own animals. However, if an animal rebels from the ownership of its owner it becomes owner-less.<ref>Chullin 139a. Tosafot ibid. Rema Choshen Mishpat 259.7</ref> Some extend this principle to say that animals which are never fully accessible by humans cannot be considered owned on a Torah level.<ref>Mishneh Torah Hilchot Gzeila veAveida 6.14</ref> However on a Rabbinic level the Rabbis decreed in a series of cases that one is forbidden to steal an animal, even if the possessor of the animal does not own the animal on a Torah level. See [[Honeybees|Honeybee]] article for further reference. | ||
=== Pigeons === | |||
In ancient times it was common for people to raise doves in order to eat them and to use their remains as fertilizer. The doves would be left in an open bird house where they would nest, but they were free to come and go. Since the birds are able to freely leave the bird house- they are not considered owned on a Torah level. However, the Rabbis decreed because of the "ways of peace" (''darchei shalom'') that it is prohibited to steal a bird from another person's birdhouse.<ref>Chullin 141b | |||
The Dvar Avraham (Chelek A Harot VeMeluim) points out that darchei shalom does not mean that the Rabbis decreed that the bird house owner should own the birds. Instead the Dvar Avraham argues that Rabbis really created a prohibition for everyone else on taking the birds in the birdhouse.</ref> | |||
=== Ownership of Wild Animals in One's Property === | |||
Generally speaking, a person owns items by virtue of them being placed in his land "chatzer shel Adam koneh shelo medato." However, this is only true if the land is enclosed, making the area a "chatzer mishameret." If the land is not enclosed, but the owner is standing besides the land, he is able to acquire that which comes up on his land as long as he declares that he intends to acquire it. | |||
However we distinguish between the particular kind of animal in his field and the land owner's physical ability to possess it. If the animal is a full grown deer running at full speed, the land owner does not acquire the deer by virtue of his ownership of the land. If the deer is an elderly deer, but running outside the reach of the land owner, the land owner does not acquire the deer. If the animal is a slow elderly deer, such that it is within the physical grasp of the land owner- the land owner just needs to declare he wants to acquire the deer in order to own it. | |||
=== Animal Traps === | |||
One is forbidden from placing a trap in land that does not belong to him. | |||
On a Torah level, the owner of a trap only owns the trapped animals if the trap is fully enclosed.<ref>Gittin 60b</ref> If the trap is somewhat opened, the trap owner does not acquire the animal until he actually goes and picks it up. However the Rabbis decreed that it is prohibited to take animals from any kind of trap. The same rule is true for fish. | |||
However, according to some opinions, once fish start swimming towards the trap because of the lure, they are considered to belong to the trap-owner on a Torah level.<ref>Kzot HaChoshen 273.4</ref> | |||
<references /> | |||
[[Category:Animals]] | |||
[[Category:Choshen Mishpat]] | |||
[[Category:Between Man And His Fellow]] | |||
Latest revision as of 19:55, 12 July 2024
Halacha recognizes the ability of human beings to own the natural world. In Bereishit 1:26, Hashem tells Adam
וַיֹּאמֶר לָהֶם אֱלֹהִים פְּרוּ וּרְבוּ וּמִלְאוּ אֶת הָאָרֶץ וְכִבְשֻׁהָ וּרְדוּ בִּדְגַת הַיָּם וּבְעוֹף הַשָּׁמַיִם וּבְכָל חַיָּה הָרֹמֶשֶׂת עַל הָאָרֶץ:
"And Hashem said to them you shall reproduce and grow and fill the Earth and conquer it, and rule upon the fish of the sea and the birds of the sky and in all the beasts that crawl upon the Earth."
This instruction is understood by some commentators as giving Adam the property rights over the Earth and all of its creatures.[1] Some commentators that man was given property rights only later on in Bereishis 2.19 when Hashem presents all the animals before Adam for Adam to call them by their name.[2]
Ownership of the Sea
Everything in the sea and the desert is considered owner-less and free for the taking.[3] There is a dispute over the extent that people are able to own nature. Some say that while the fish in the ocean are able to be owned by whoever fish them, the sea itself cannot be owned.[4] Others say that while private individuals cannot own the ocean or the desert, governments can, because the government's right to property is over the whole area of a country. According to the opinion that governments have the ability to own the untamed areas of nature- governments also have the ability to sell plots of the sea or desert as property to private citizens and thereby give them a title.[5]
Animals
Just as people are able to own land- so too they are able to own animals. However, if an animal rebels from the ownership of its owner it becomes owner-less.[6] Some extend this principle to say that animals which are never fully accessible by humans cannot be considered owned on a Torah level.[7] However on a Rabbinic level the Rabbis decreed in a series of cases that one is forbidden to steal an animal, even if the possessor of the animal does not own the animal on a Torah level. See Honeybee article for further reference.
Pigeons
In ancient times it was common for people to raise doves in order to eat them and to use their remains as fertilizer. The doves would be left in an open bird house where they would nest, but they were free to come and go. Since the birds are able to freely leave the bird house- they are not considered owned on a Torah level. However, the Rabbis decreed because of the "ways of peace" (darchei shalom) that it is prohibited to steal a bird from another person's birdhouse.[8]
Ownership of Wild Animals in One's Property
Generally speaking, a person owns items by virtue of them being placed in his land "chatzer shel Adam koneh shelo medato." However, this is only true if the land is enclosed, making the area a "chatzer mishameret." If the land is not enclosed, but the owner is standing besides the land, he is able to acquire that which comes up on his land as long as he declares that he intends to acquire it.
However we distinguish between the particular kind of animal in his field and the land owner's physical ability to possess it. If the animal is a full grown deer running at full speed, the land owner does not acquire the deer by virtue of his ownership of the land. If the deer is an elderly deer, but running outside the reach of the land owner, the land owner does not acquire the deer. If the animal is a slow elderly deer, such that it is within the physical grasp of the land owner- the land owner just needs to declare he wants to acquire the deer in order to own it.
Animal Traps
One is forbidden from placing a trap in land that does not belong to him.
On a Torah level, the owner of a trap only owns the trapped animals if the trap is fully enclosed.[9] If the trap is somewhat opened, the trap owner does not acquire the animal until he actually goes and picks it up. However the Rabbis decreed that it is prohibited to take animals from any kind of trap. The same rule is true for fish.
However, according to some opinions, once fish start swimming towards the trap because of the lure, they are considered to belong to the trap-owner on a Torah level.[10]
- ↑ see Seforno, Ramban, Emek Davar ibid.
- ↑ Tzafnat Paneach on Dvarim 13.17 The Rogachover argues that because it is not mentioned whether Adam called unto the fish (Tosafot on Chullin 66b), there exists no Torah level ownership of a living fish
- ↑ Mishnah Torah Hilchot Zechiah 1.1
- ↑ Sma Choshen Mishpat 273.17
- ↑ Shulchan Aruch HaRav Choshen Mishpat Hilchot Hefker veHasagat Gvul
- ↑ Chullin 139a. Tosafot ibid. Rema Choshen Mishpat 259.7
- ↑ Mishneh Torah Hilchot Gzeila veAveida 6.14
- ↑ Chullin 141b The Dvar Avraham (Chelek A Harot VeMeluim) points out that darchei shalom does not mean that the Rabbis decreed that the bird house owner should own the birds. Instead the Dvar Avraham argues that Rabbis really created a prohibition for everyone else on taking the birds in the birdhouse.
- ↑ Gittin 60b
- ↑ Kzot HaChoshen 273.4
