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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 (833)
Various Rabbis
239 - School Recess that Disturbs Neighbors
240 - Misplaced Window?
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P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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