Shoveling Snow
Shoveling Snow
In many places, in the event of a snowfall the homeowner is required by law to remove the snow not only from their own property, but also from the public sidewalk in front of their homes. In the Torah there is no such law; however, since this is the accepted practice in accordance with dina d’malchusa, the law of the land which governs the relationship amongst neighbors, it is binding by Torah law as well; a person is held responsible for removing all stumbling blocks, especially since the city does not shovel those areas. Therefore, it has become the individual’s responsibility to ensure that the sidewalk in front of their property is shoveled and properly cleared of snow so that no one is injured, chas ve’shalom. In case someone is injured due to unshoveled snow, secular law may allow one to sue. However, Torah law regarding injuries is complex. There are halachos associated with a bor in reshus harabim, a pit on common property—but snow is not a bor, a man-made stumbling block. Even in case of liability due to negligence, such liability is restricted in halachah and does not extend to reimbursement of medical and other expenses incurred. A person should seek the advice of a rav before considering any lawsuit, especially in such a case where it is not clear which halachos apply.
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