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Ruling: The mishna (Bava Batra 59a) forbids opening up windows to a joint courtyard (used for semi-private activities such as laundering) without permission. Another mishna (ibid. 60a) says that even when one has permission to open a window to a joint courtyard, he may not do so opposite the window of another’s home. Similarly, one is not allowed to enlarge such a window without permission. The gemara learns these concepts of privacy from Bilam’s praise of the way Bnei Yisrael’s encampment was arranged (Bamidbar 24), claiming that it made them fit to have the Divine Presence dwell among them.
The Rashbam says that it is sufficient to place the window in a manner that is slightly off to the side of the opposite window even though one can still see from one to the other. The Ramban explains that we are talking about a situation where it was anyway possible to see into the house, from the courtyard, and the issue is of creating a qualitatively greater intrusion when the visibility is direct.
Acharonim deliberate whether the issue of damage of sight is related to the prohibition to look at a neighbor’s private activities or whether the issue is that the feeling that others are looking at him takes away from one’s ability to maximize the use of his property (see Even Haezel, Sh’cheinim 2:16). One difference between the approaches is whether we view the situation objectively (first approach) or subjectively from the perspective of the allegedly damaged. Another difference is in a case where one opened a window with permission because there was a wall between the properties and subsequently the wall fell: who is the one who is required to fix the situation? [Without getting into the various indications,] it appears that there is an element that has to with the person’s ability to use his property freely.
After touring the apartments, beit din confirmed that pl has a basis for feeling a significant change in the level of privacy due to the window.
[The questions that remain for next time are whether to accept def’s claim that they received permission, and what steps need to be taken to solve the problem.]
P'ninat Mishpat (829)
Various Rabbis
239 - School Recess that Disturbs Neighbors
240 - Misplaced Window?
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P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
