YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiffs (=pl) are a group of residents who built together apartment buildings in a yishuv a few years ago. Now, the board of the yishuv (=def) is in the midst of building buildings for new residents across from pl’s buildings in a manner that pl believe will significantly take away from their view (even though the new buildings are down the slope of a hillside). Pl claim that def promised, while marketing the project, that pl’s view would always be protected, which def denies. Def also argues that the purchase contract states that the contract erases any previous understanding between the sides and that pl obligated themselves not to protest further building plans. Pl also claim that def may not build because a certain planning approval (taba) was not received yet. Several months ago, pl planned to challenge municipally def’s building plans. At a meeting between the sides, an agreement was written (but not signed) stating that the wall of the new building’s roof would be no higher than the level of the garden of the lowest set of pl’s apartments. Pl claims that they were misinformed when they made that agreement and that, in any case, the rooftop solar heating apparatuses will extend beyond the aforementioned level.
Ruling: We will take a look at the extent to which damaging one’s view is generally halachically significant.
The gemara (Bava Batra 7a) posits that one may build on his property even if takes away from the view of his neighbor as long as he leaves four amot (app., six feet) for space and light (see Tosafot ad loc.). The Maharalbach says that while it is forbidden to cause damage to one’s neighbor by seeing into his neighbor’s property, preventing a neighbor from enjoying a view by building in one’s own property is permitted.
While def cited the ruling of a contemporary beit din which applied these classical sources directly, we consider this a mistake. First, the law in Israel is that one may not build without a building permit, and government officials require much more than 6 ft. separation between buildings and do consider matters such as damaging someone’s view before giving a permit. The same gemara cited assumes that people have a real preference of having significant space and view in their homes, and it is the right and responsibility of a society to make rules that fit the situation of their times, as the Maharalbach himself mentions.
That being said, even after "adjusting" halacha for the increased need for air space and view, it is not accepted to prevent all compromising of a neighbor’s view. If we did so, then one who built a home before others could prevent the inhabitation of the area by others, which is certainly not what society wants, and certainly not in Eretz Yisrael.
Next time we will return to applying matters to our situation where agreements were made.
P'ninat Mishpat (829)
Various Rabbis
455 - New Buildings Blocking View – part I
456 - New Buildings Blocking View – part II
457 - New Buildings Blocking View – part III
Load More
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
fast navigation
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.
