Halacha Meets Technology: Use of Drones in Jewish Law

Hi Rabbi, I just bought a drone and was wondering if there are any specific areas of halacha I should be aware of regarding drones. I don’t believe they had drones at the time of the Shulchan Aruch!

Thank you for your question.

As you wrote, there may not be a specific halacha in the Shulchan Aruch that refers to drones. However, we can connect what is written in the Shulchan Aruch to modern-day technology. I would like to share a few halachot from the Shulchan Aruch that can be applied to drones.

היזק הראיה - Damage caused by 'visual intrusion':

                                                                                                                                                        תלמוד בבלי מסכת בבא בתרא דף ס עמוד א

                                                                                                                           תני'. לא יפתח אדם לחצר השותפין פתח כנגד פתח וחלון כנגד חלון;

Talmud Bavli, Bava Batra 60a

Mishnah:
A person may not open a door directly opposite the door of a shared courtyard, nor a window directly opposite another window.

The Gemara asks:
From where is this Halacha derived? Rabbi Yochanan said: It is derived from the verse: "And Balaam lifted up his eyes, and he saw Israel dwelling each tribe individually" (Numbers 24:2).
The Gemara explains that he saw that the openings of their tents were not directly opposite one another. So he then blessed Am Yisrael that these people are worthy of having the Divine Presence rest upon them.

This is the source for the halacha called Hezek Re'iyah , that one may not intrude on another person's property. A person has the right to live freely in their private home without having to worry that someone may be watching them.

This Halacha is brought in the Shulcan Aruch Choshen Mishpot Siman 154 Seif 3.

Therefore, just as one may not open a window that exposes their neighbor's privacy, one could say that flying a drone that is capable of recording the interior of someone's house or courtyard would be considered an invasion of their privacy and be considered as Hezek Re’iyah .

However, one could argue that a drone flying above the pavement is no different than a neighbor across the road, and we don’t tell the neighbor to move away?

Lehalacha, we do say that it is different, since a neighbor is someone a person knows to guard themselves from and is aware that there is a building across the road. However, a flying drone is unexpected, and therefore it Is forbidden since a person will not be able to behave freely in their private domain if they think someone is spying on them.

Shi’luach Haken – Sending Away the Mother Bird:

We know there is a mitzvah of Shiluach Haken to send away the mother bird. One may ask, if it is difficult to climb up a tree, could I use a drone to scare away the mother bird? Would that be valid, or do I have to do it personally?

Hagaon Harav Fried shelitah says that any method used to scare away a mother bird is considered as having fulfilled the mitzvah, since the bird flew away because of your actions. This is important to know even in a regular case of Shiluach Haken . For example, if there is a nest on the porch and you open the porch door, causing the bird to fly away, you have fulfilled the mitzvah. Therefore, before opening the door, one should have in mind that they intend to fulfill the mitzvah of Shiluach Haken through whatever action causes the mother bird to fly away. In this way, you will perform the mitzvah with proper intent.

Mishloach Manot on Purim:

There is a discussion in Hilchos Purim regarding whether one may deliver Mishloach Manot personally or must do so through a shaliach (messenger). According to the opinion that one must send Mishloach Manot through a shaliach , (binyan Tsiyon Siman 44 brought in the Mishnah berurah hilchot purim Siman 698 seif 18) would it be permissible to use a drone to deliver it?

Hagaon Harav Fried Shelitah says that although me'ikar hadin lehalacha one does not need to appoint a shaliach , nevertheless, one who wishes to fulfill the mitzvah according to all opinions and wants to use a drone as a shaliach then a drone would not be considered a shaliach . Rather, it is as if you are delivering it personally to the recipient. Therefore, according to this opinion, you would not be able to use a drone to send the Mishloach Manot .

So as you see there are many Halachot regarding the usage of a drone.

Wishing you much success.

1. Talmud Bavli, Bava Batra 60a
2. Shulchan Aruch, Choshen Mishpat 154:3
3. Binyan Tzion, Siman 44
4. Mishnah Berurah, Orach Chaim 698:18