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My question is inspired by this BBC article, which discusses the legalities of extracting materials from the Moon and selling them.

This led me to ponder the following halachic question: Is the moon a reshus harabim (public domain), or simply hefker (ownerless)? As the prospect of space travel becomes increasingly attainable, this has real halachic differences. Is it possible to acquire land-space in outer space? Are the minerals on the Moon surface free for the taking?

[Looking for answers that will either provide a logical argument (why you think it the moon is a public domain/ownerless) or sources that discuss this question.]

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  • Unclear if relevant, but Rabbi Menachem Kasher wrote a book Adam Al Ha'Yareach (Man on the Moon), which might help.
    – bondonk
    Commented Jun 9 at 12:44
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    While this might be a well intended question it still reads like purim torah
    – Dude
    Commented Jun 9 at 13:34
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    Maybe Neil Armstrong and Buzz Aldrin were koneh it via chazaka by planting the flag
    – Heshy
    Commented Jun 9 at 14:20
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    השמים שמים ליהוה והארץ נתן לבני אדם
    – Double AA ♦
    Commented Jun 9 at 14:32
  • See הרב ערן כברה בענין האם מותר לאדם לטוס לירח או לאו on pp. 75-83 for some relevant aspects in analyzing this question.
    – Deuteronomy
    Commented Jun 10 at 18:24

2 Answers 2

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I don't see a reason for the Moon to be considered a reshut harabim, simply because there aren't even rabbim, there is no one there. For what its worth there is currently an international treaty against owning extraterrestrial bodies (see here).

However, in the future where space travel and colonization become prevelant/available, that would be a different question. In the current situation the Moon is ownerless and there are no legal mechanisms to acquire land there.

In terms of mining, the Outer Space Treaty linked above, discusses the regulations regarding retrieving materials from the Moon. How such an international treaty is enforced in a space-faring society is unclear to me; the laws will likely change when it becomes a reality; which will, in turn, impact the halachic implications of the status of the Moon.

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    Accessable to anyone may be Reshut Harabbim even if no one actually accesses
    – Double AA ♦
    Commented Jun 9 at 12:53
  • I'm aware of the legalities - international treaties, US laws, etc. My question was purely halachic [and saying dina dmalchusa dina isn't going to answer it!].
    – chortkov2
    Commented Jun 9 at 14:11
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    @DoubleAA is there precedent of uninhabited, unconquered islands being designated רשות הרבים?
    – Isaac Moses ♦
    Commented Jun 10 at 12:23
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    @IsaacMoses Yes judaism.stackexchange.com/questions/133411/… judaism.stackexchange.com/questions/135534/…
    – Double AA ♦
    Commented Jun 10 at 13:45
  • There's nothing in your answer that relates to the Halachah, though.
    – Al Berko
    Commented Aug 1 at 18:03
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I'm no expert, but it might be relevant that anything above 10 tefachim is not considered a reshus harabim.

Also, with regards to travel across techum on shabbos and such (which, for a new society in space, which doesn't have houses anywhere, would be relevant every shabbos), check out this article I found. Press ctrl-f/command-f to search for the words ten tefachim and start reading from there. https://www.yeshiva.co/midrash/33504

It brings a few opinions, so I won't summarize here.

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