Question:

I love spending time in my backyard, but someone keeps flying their drone overhead, and it's really starting to bother me. I’ve asked them to stop, but they don’t seem to care. Can I throw a rock at it or somehow knock it out of the sky?

Answer:

Before we talk about taking aim at a drone, we have to start with an important concept: dina d’malchuta dina, “the law of the land is the law.”1 That means we’re generally required to follow the local civil laws, as long as they don’t contradict Torah.2 So before grabbing a rock, you’d need to check your local drone regulations. Some places have strict laws about what drones can and can’t do—and also what you’re allowed to do to them.

That said, many municipalities are still trying to figure this out. So let’s say for a moment that there’s no clear law where you live. What does Jewish law say then?

“Damage by Seeing” - Hezek Re’iya

To begin with, do you have a right to privacy according to Jewish law?

Absolutely. There’s a concept in halachah called hezek re’iyah—“damage by seeing.” In simple terms, it means that just looking into someone else's private space can be considered a form of harm.

For example, Jewish law says you can’t place a door opposite your neighbor’s existing door, nor a window opposite his window or courtyard.3 If you share a courtyard, your neighbor can (usually) compel you to help put up a dividing wall so you can’t see into each other’s property.4

And even if no wall exists, you're still not allowed to just watch your neighbor go about their private life. As Rabbi Schneur Zalman of Liadi writes, “It is forbidden to watch your friend without his prior knowledge while he is conducting his activities at his home or property, for he may not wish people to see these activities.”5

The importance of respecting another person’s privacy cannot be overstated.

In fact, when the prophet Balaam saw how the Israelites had arranged their tents so no entrance faced another,6 he praised them: “How goodly are your tents, O Jacob; your dwelling places, O Israel!”7 That moment was so meaningful that many people begin their morning prayers with that very verse.

Can You Damage the Drone?

Okay, so Jewish law clearly values privacy. But does that mean you can take matters into your own hands when someone invades yours?

There’s a fascinating Talmudic case about an ox that climbs onto another ox and tries to kill it. If the owner of the bottom ox pulls his own animal out, causing the attacking ox to fall and die, he’s not responsible for the damage. But if he pushes the attacking ox off, he's liable.8

Why the difference? Some9 say it's about intent: if you're just trying to prevent your own property from getting damaged, that’s one thing. But if you're actively damaging someone else’s property, you would be liable for damages.

The Shulchan Aruch Harav,10 however, explains it this way: If someone else’s property is harming yours, and there’s no other way to stop it, you’re allowed to act to protect your property. However, if there's a less harmful way to deal with the situation, you’re expected to choose that option. As with the mitzvah of returning lost objects, there is a positive mitzvah to expend physical effort to save another’s property.

So if another ox climbs on your ox with the intent to kill it, you shouldn’t push off the top ox if you can pull your ox out from under it. And even if you have to pull out your ox, it’s best to do so gently so that the ox on top doesn’t fall.

Practically speaking, according to the Shulchan Aruch Harav, if you’ve tried peaceful methods and there are no other options, then you’d seemingly be allowed to knock down a drone that’s invading your privacy.

Again, this would depend on the civil laws in your area. And it’s important to note that the Jewish laws about privacy rights are also subject to dina d’malchuta dina.

As always, it would be wise to speak to your rabbi, who can evaluate your specific situation.

For more on this, see Can I Take the Law Into My Own Hands?