Deuteronomy 27:17 - Boundaries define holiness?

Deuteronomy 27:17 - דברים 27:17

Hebrew Text

אָרוּר מַסִּיג גְּבוּל רֵעֵהוּ וְאָמַר כָּל־הָעָם אָמֵן׃

English Translation

Cursed be he that removes his neighbour’s landmark. And all the people shall say, Amen.

Transliteration

Arur massig gvul re'ehu ve'amar kol-ha'am amen.

Hebrew Leining Text

אָר֕וּר מַסִּ֖יג גְּב֣וּל רֵעֵ֑הוּ וְאָמַ֥ר כׇּל־הָעָ֖ם אָמֵֽן׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Understanding the Verse

The verse "אָרוּר מַסִּיג גְּבוּל רֵעֵהוּ וְאָמַר כָּל־הָעָם אָמֵן" (Devarim 27:17) pronounces a curse upon one who moves a neighbor's boundary marker. This is part of the series of curses declared on Mount Eival, emphasizing the severity of violating property rights and ethical boundaries in Jewish law.

Rashi's Explanation

Rashi (Devarim 27:17) explains that "מַסִּיג גְּבוּל" refers to someone who unlawfully shifts a property boundary to encroach on their neighbor's land. He notes that this act is considered theft and a violation of the Torah's prohibition against dishonest dealings. Rashi further connects this to the broader principle of "לא תגזול" (Do not steal), underscoring the importance of respecting others' possessions.

Rambam's Perspective

Rambam (Hilchot Gezeilah Va'Avedah 7:11) elaborates on the severity of this transgression, stating that moving a boundary marker is akin to denying the Exodus from Egypt, as it undermines the divine allocation of the Land of Israel to each tribe and family. This highlights the theological and national significance of property rights in Judaism.

Talmudic and Midrashic Insights

  • The Talmud (Bava Batra 100b) discusses the legal ramifications of boundary disputes, emphasizing that such acts are not only civil offenses but also spiritual transgressions.
  • Midrash Tanchuma (Re'eh 10) compares the act of moving a boundary marker to uprooting a mitzvah, as it disrupts the divine order established in the Land of Israel.
  • The Sifri (Devarim 27:17) adds that the curse applies even if the perpetrator does not benefit materially, as the mere act of deception is condemnable.

The Significance of "Amen"

The phrase "וְאָמַר כָּל־הָעָם אָמֵן" (And all the people shall say, Amen) underscores the communal responsibility to uphold justice. The Talmud (Shevuot 29a) teaches that responding "Amen" to a curse is an affirmation of its truth and a collective acceptance of its moral lesson. This reflects the idea that societal integrity depends on each individual's commitment to ethical conduct.

Practical Halachic Implications

In practical Halacha, moving a boundary marker is prohibited even if the landowner is unaware or the perpetrator claims ignorance. The Shulchan Aruch (Choshen Mishpat 376:1) rules that one who does so must restore the original boundary and may be subject to additional penalties, depending on the circumstances.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Batra 55b
The verse is referenced in the context of discussing the prohibition of moving boundary markers and the severity of this transgression.
📖 Sanhedrin 56b
The verse is cited as part of the discussion on the Noahide laws, specifically regarding the prohibition of theft and the importance of respecting property boundaries.

Frequently Asked Questions

Q: What does 'cursed be he that removes his neighbour’s landmark' mean?
A: This verse refers to the serious prohibition of moving boundary markers to steal land from a neighbor. The Torah considers this a grave sin because it involves theft and deception. Rashi explains that this applies both to physically moving markers and to any form of dishonest land acquisition.
Q: Why does the Torah say 'all the people shall say Amen' after this curse?
A: The people respond 'Amen' to affirm their acceptance of this warning. The Talmud (Shevuot 36a) teaches that saying 'Amen' demonstrates agreement with the statement, showing that the entire nation acknowledges the severity of this transgression and accepts its consequences.
Q: How does this verse apply to ethical behavior today?
A: Beyond literal land boundaries, this verse teaches the importance of honesty in all financial and property matters. The Rambam (Hilchot Gezeila 7:11) extends this principle to any form of deception in business or personal dealings. It reminds us to respect others' rights and possessions, a fundamental value in Jewish law.