The Virus and Your Stuff

Have you heard about the burglar that fell through a high school’s skylight, was injured, sued and won a bunch of money? Property owners have a duty of care to maintain the safety of the premises for those who come onto the property.  This is not just American law. It comes from Torah.  And it gives rise to a discussion of how we behave in a pandemic.

A 19-year-old former student of a California high school was playing at the school’s basketball court. He might have been stealing a floodlight or he might have just been re-positioning it so they could play at night. He fell through a painted over skylight that he couldn’t have known was there, and that the school had ordered a board to cover up the skylight because it knew it was dangerous. He was paralyzed for life. The money he got was from the school’s insurance company, who settled with the family out of court. Bodine v. Enterprise High Sch., No. 73225, Shasta County Superior Court (1982).

The same principle applies to you. Torah portion Ki Tetze says: “When you build a new house, you shall make a parapet for your roof, so that you do not bring bloodguilt on your house if anyone should fall from it.”  Deuteronomy 22:8.  If your home is more than ten handbreadths high, we are directed to put a protective rail around the perimeter.  These days we only see such railings on rooftops that are also used as living spaces like sundecks. Parapets are far more common in warm, dry countries like Israel.

Notice the wording of the Torah.  You are required to act so as to protect others.  You don’t build a parapet for yourself.  You do it for other people.

The principal is rather expansive. Homeowners must take reasonable measures to ensure the safety of those who come on their property.  This includes guests, or service people, or even an intruder.  And the principal applies not just to your home but also to your possessions. Just because something is your property doesn’t mean that you have unlimited rights to do whatever you want to with it. You have a responsibility to keep your stuff from killing and maiming people.

Even your viruses are your stuff!

Yes, we wear a mask not just to protect ourselves but also to protect others.  And in Torah speak; masks must be worn to protect others from being infected by the wearer.

Talmud takes this concept of responsibility for others one giant step further.  We learn that: “when the community is immersed in suffering, a person may not say: I will go to my home and I will eat and drink, and peace be upon you, my soul.” Taanit 11a:6. Not only must we wear a mask for the sake of others but we are also required not to retreat into our own homes of comfort while others are suffering.

I thought I might try the following.  Every day that I remain in the comfort of my home, I should think about the shelter of peace that keeps me comfortable while others suffer.  And every day that I remain safely at home without venturing out, I should express my gratitude by putting money aside for charity.  Or if you have a better idea, please let me know.  In a time when my home is a sanctuary, I believe I have an obligation to help others be safe too.

R’ Evan J. Krame