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|BAVA BASRA 2-8 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.|
1. The Mishnah discusses the case of partners in a yard who wish to make a partition in the middle of their yard.
2. One partner may force the other to erect a wall between the two halves of their garden if this is the custom in that area.
3. When a person erects a wall that he is not required to put up by law, he makes a "Chazis" on the wall.
4. A person may not gaze at his friend's field when the harvest is fully grown.
5. One who has a roof that overlooks his friend's yard must build a four-Amah wall on his roof.
A BIT MORE
1. Each person gives up half of the width of the wall from his portion of the yard in order to build the wall. Accordingly, if a wall ever falls down, we know that each person owns half of the land taken up by the wall.
2. However, in a valley where the custom is generally not to put up a wall between the two halves, one partner may not force the other to put up a wall on shared property. If one of them wants to put up a wall, he may do so, but it must rest solely on his own property.
3. A Chazis is a one-Amah square strip of plaster at the top of the wall facing his friend's part of the property. This is a sign that he paid for the wall.
4. This is because he may damage it by giving it an "Ayin ha'Ra" -- "evil eye."
5. This is so that he should not invade his friend's privacy by being able to see into his yard. This is known as "Hezek Re'iyah" -- "damage through seeing."
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