Category: Monetary Laws

  • Blizzards & Bet Din: Snowball Fights, Killing Snowmen, Fallen Trees, Shoveling, & Cars

    Blizzards & Bet Din: Snowball Fights, Killing Snowmen, Fallen Trees, Shoveling, & Cars

    Rabbi Djavaheri delivered a shiur on the topic of snow damages at The Cooper Union’s Midrash Lunch and Learn on Tuesday, February 24th, 2026.

    You can listen to the recording here.

    Key takeaways with some sources below:

    Snowball fights:

    One is liable for harm he causes others; although, if there is a planned snowball fight in set arena space, there’s an argument to say that all participants are forgoing their right to claim damages. This is similar to the classic Purim/Simchat Torah/wedding dispensation discussed in Shulchan Aruch, Orach Chaim 696:8 and Choshen Mishpat 378:9, 421:5. See also this article.

    Snowmen and Igloos

    Snowmen and igloos have no market value, so, although one does not have to pay for ruining another person’s snowman, he still may not cause the snowman’s owner a loss by destroying it. Damage is calculated in Halacha by change of market value, irrespective of sentimental value (Netivot HaMishpat 148:).

    Trees Laden with Snow

    Damage caused by healthy otherwise upstanding trees that fall in freak blizzards/storms is beyond the realm of one’s responsibility. If the tree was sick, weak enough to fall in a regular wind, or supposed to be cut for some reason and then falls because of the blizzard and causes damages, the owner is liable (Shulchan Aruch, Choshen Mishpat 416:1, see also 155:25-32).

    After it falls, if one negligently leaves it in the street, he is liable for damage done to people but not property as a function of Bor (Shulchan Aruch, Choshen Mishpat 410:21).

    Cleaning and Shoveling Driveways, Cars, and Sidewalks

    In New York City, the city owns the sidewalk, but the tenant is obligated to maintain it according to civil law. Halacha also requires one to clean his sidewalks as a function of following the law of the land (Dina DeMalchuta Dina ), neighbor law (Shechenim), and removing stumbling blocks. See Shulchan Aruch, Choshen Mishpat 155, 339, and 427:8.

    If someone doesn’t clean the snow off his sidewalk and a passerby fell and was injured, he could be liable by function of Dina DeMalchuta Dina for laws made for the public’s good (Tikun HaMedina). See Rav Henkin’s Teshuvot Ibra (Siman 97) and Rav Yona Reiss’s Kanfei Yonah (Siman 5) but note that not all agree that Dina Demalchuta Dina functions this way.

    An unauthorized snow shoveler who digs out another person’s car can charge market rate for his time (Yored Le’Sde Chavero), assuming someone would have/has not yet been hired to do the job (Shulchan Aruch, Choshen Mishpat Siman 375). See these great articles by Rav Meir Orlian (part 1 and 2).

    If people usually dump their snow on the sides of the public roads, then one may also do that, as per local custom (Minhag HaMakom), but he may not dump it on a neighbor’s property. He may, however, take snow from a neighbor’s property for his own personal use. Presumably nobody wants more snow, and most would appreciate less snow. See Shulchan Aruch, Choshen Mishpat Siman 153.

    By law, one is obligated to clean off the roof of his car before driving. Halacha would recognize that as by sidewalks, as noted above. If one drives and the snow or ice falls and causes damage, he would be liable, because aerodynamic drag and lift of the snow caused by one’s driving is his responsibility (Rabbi David Pahmer).

    Thanks to Rabbi Chaim Packer, Rabbi Yonah Reiss, and Rav Meir Orlian for their assistance in clarifying these issues.