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The two sat together, deep in Torah discussion. When they paused for a break, a young man began walking in their direction. "Honored Rabbi," the young man began "is it alright if I take a picture?"
Rabbi Kook graciously agreed. After the man had taken a picture, and walked away, Rabbi Kook began to speak again.
"I wonder if one is permitted to refuse to be photographed," Rabbi Kook mused. "Does one’s image, in fact, belong to him, that he can prevent another from using it? The question reminds me of an interesting news item that I heard about, once.
"There were two men, in India, who went out for a stroll. The heat proved to be somewhat oppressive, and the men felt compelled to take a break. They sat down on the sand, to rest and regain their strength. One of the men had been walking with his donkey, and the donkey sat down, alongside his owner. As the donkey sat down, the other man realized that the animal partially blocked the sunlight, and actually provided some shade from the glaring sun. The owner of the donkey became angry, and demanded that his friend move out of the donkey’s shade. The friend insisted that he was allowed to sit in the shade, and that it did not belong to the owner of the donkey. After repeated attempts to get his friend to move, the owner of the donkey began beating the other man, who fell helplessly to the ground, screaming in pain.
"The next day, there was a knock on the door of the donkey owner. He was being summoned to court, for having beaten up his friend. The local court heard the arguments of both parties, and could not decide whether, in fact, the donkey’s shade belonged to his owner, or not. The case was brought to a regional court, and then to the Supreme Court, as the judges were left puzzled, unable to decide who owned the donkey’s shade.
"At the time, India was under British jurisdiction. The case was brought before representatives of the queen, who were also at a loss to decide the outcome."
Does the owner of the donkey own the donkey’s shade? Similarly, is one allowed to refuse to have his picture taken?
Answer of Rabbi Avraham Yitzchak Hakohen Kook, zt"l:
Rabbi Kook discussed several sources from the Gemara, including Pesachim 25b and Avoda Zara 48b. He determined that a person’s shade does not belong to him. By extension, neither does his image, and, therefore, one may not refuse to be photographed.
In summary:
A person does not own his shade, and certainly not the shade of his animal. Similarly, a person has no right to prevent another person from taking a picture of him.
(The story comes from Oz V’taatzumot, page 77.)
(See also Rabbi Yosef Chaim Sonnenfeld’s B’shalmat Chaim (siman 773 regarding taking a picture of someone without permission )
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
