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Why are the Laws of Neighbors so affected by local custom? The Chatam Sofer (Shut V, 79) points out that living situations clearly must have undergone great change from the time that Jews lived in their own land to when they lived in exile. Nevertheless, the Talmudic chachamim of Bavel were able to judge issues that arose among Jews, and that which they ruled became Torah law and determined what is appropriate from a Torah perspective. The Chazon Ish (Bava Batra 12:6) writes similarly that it is the chachami’s authority to determine what is considered a person acting on his own prerogative in his property and what is considered damaging one’s friend. Whatever they decided, says the Chazon Ish, became the Torah law.
The logic behind these ideas is that the basis of the Laws of Neighbors is that one is forbidden to steal from his friend. Regarding movable objects, stealing consists of taking another’s object. Regarding living quarters, where one has rights to use the property, there are gray areas in regard to what actions infringe on another’s rights to use his property as he deserves. The chachamim had to draw the lines. It is possible that in regard to a place where the government or municipality supplies the population with the right to build and live, the guidelines they set have a strong impact on the related halacha.
What happens when the local regulations do not add restrictions but take away from the protection that halacha gives members of the community? Sometimes, at least according to certain opinions, we do not follow the local minhag in these matters. Rabbeinu Tam (Tosafot, Bava Batra 2a) says that when the local custom is to make a fence between the properties of two partners that does not uphold privacy needs, we do not follow the minhag. The Rosh (Shut 18:15) says that even when the practice among the non-Jews is to allow one to build in front of another’s window and cause darkness, local Jews may not do this to their friends.
In other words, local practice can add restrictions but cannot eliminate those that are halachically mandated. By adding restrictions, one is not going against the halachic rulings, as the permission had been contingent on the prospect that it would not infringe on another’s own acquired rights. When local practice gives him more rights, it is as if he acquired additional property. The gemara (Bava Batra 22a) says that one has to leave four amot next to a neighbors wall so that people’s walking next to the wall will strengthen it. The Maggid Mishneh (Shcheinim 9:9) explains that it refers to where the property was acquired from the king, which, according to local practice, means that an additional four amot were put at his disposal for this purpose.
P'ninat Mishpat (832)
Various Rabbis
113 - The Status Home Expansion
114 - The Status Regarding Home Expansion
115 - Litigants' Agreement to Special Rules of Adjudication
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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.
