Shabbat Parashat Ki Teitzei | 5769
Hemdat HaDaf HaYomi: Damage by Viewing (lack of privacy)Rav Ofer Livnat
This week in the Daf Hayomi, we begin to learn masechet Baba Batra. The first sugya (passage) deals with two neighbors who have a shared yard and want to divide the yard between them. The Halacha is that hezek reiyah (damage by viewing) is considered to be damage. In other words, the ability of the neighbor to see into one's yard is considered damage, and therefore, each neighbor can force the other to build a fence between the two parts of the yard.
However, in the continuation of the masechet, we will learn that, even in a situation where one neighbor is damaging the other, if he has a chazaka on the item causing the damage (ie-it has existed for a certain period of time without any objection from the neighbor), he does not have to remove the item causing the damage. The Rishonim therefore ask, why does the Gemara in our sugyah not state that, if the neighbors co-existed without a fence for some time, then they each obtain a chazaka on the hezek reiyah, and, in such a situation, one cannot force the other to build a fence.
The Ri Migash disagrees with the
The Rosh (1, 2) also disagrees with the
The Shulchan Aruch (154, 7-8) rules in accordance with the Ri Migash and the Rosh; that, in general, one can obtain a chazaka for hezek reiyah. However, regarding a shared yard, he writes that a chazaka is not obtained, because there was no action involved in creating the damage, as the Ri Migash explained in his second explanation.
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The Eretz Hemdah family expresses its condolences to
Rabbi Yosef Carmel,
the head of the Kollel,
on the passing
of his mother,
This edition of Hemdat Yamim is dedicated to the memory of
R' Meir ben Yechezkel Shraga Brachfeld
Hemdat Yamim is endowed by
Les & Ethel Sutker of Chicago, Illinois in loving memory of
Max and Mary Sutker
and Louis and Lillian Klein, z”l.
Hemdat Yamim of this week
is dedicated in memory of
Yitzchak Eliezer ben
Avraham Mordechai Jacobson z”l