1,212. Striking Another Person

183:7 Even on one's own property, it is prohibited to do something that would cause harm to another. One may not put anything that emits heat in one's own courtyard near his neighbor's wall because this could damage the wall, unless he moves it away a distance of three handbreadths. Similarly, one must distance his drain so as not to pour water out near his neighbor's wall; the rain spout from his roof must also be distanced at least three handbreadths from his neighbor's wall. Certainly one may not empty a chamber pot near his neighbor's wall. One may not relieve his bladder near his neighbor's wall; if the wall is made of stone or wood without plaster, it is sufficient to be one handbreadth away. If the wall is made of solid rock, there is no need to distance oneself at all and one may relieve himself even on the wall. If the wall is made of brick or wood covered with plaster, one must distance himself three handbreadths.

184:1 A person is not permitted to hit another person; if one does, he violates a negative commandment. Deuteronomy 25:2-3 says, "If the guilty person deserves to be beaten...he shall be given forty lashes; one may not exceed...." If the Torah is so particular that we not beat a guilty person more than prescribed, how much more so may we not beat the innocent! If anyone raises his hand against another person in order to strike him, he is considered evil even though he didn't actually strike the other person. We see this from Exodus 2:13: "And he said to the evil one, why will you strike your fellow?" It doesn't say "why did you strike," it says "why will you strike." Even though he hasn't yet hit him, he is nevertheless considered evil. Whoever struck another person is subject to excommunication based on an enactment handed down from earlier generations. Such a person is not counted in a minyan until the beis din lifts the excommunication and he agrees to follow their ruling. If someone strikes you or another Jew and it is not possible to save yourself or the innocent third party except by fighting back, then it is permitted to do so.