THE JERUSALEM INSTITUTE OF JEWISH LAW
Rabbi Emanuel Quint, Dean

Lesson # 363 • Neighbors, Rights and Responsibilities
With this lesson, we begin a series of lessons regarding the rights, responsibilities and obligations of neighbors. This is a common problem in many cases coming before Beit Dins. People buy apartments with the knowledge that things will remain more or less the same and they will not be in for any surprises as how the common areas and the entire property will be used. Reuven, an owner of an apartment in the building may not permit additional persons who are not members of his immediate family to occupy part of his house if it increases the traffic in and/or out of the hallways and/or courtyard A (owned in common by Reuven and Shimon). Rabbi Moses Isserles adds that there is an opinion that Reuven can bring into his house as many sleeping guests and acquaintances as he wants, provided he does not add to the structure. Although Rabbi Isserles was writing at a time when toilet facilities consisted of an outhouse, shared by Reuven and Shimon and their families, he held that Shimon could not complain that the added guests and acquaintances of Reuven does deprive him of the appropriate use of the outhouse. Even this opinion will admit that if one house is shared by two partners, Yehuda and Nafatli, neither partner may add sleeping guests or acquaintances to his part of the house, nor may either partner enter into the part of the house occupied by the other. But Yehuda may sublease his own apartment to anyone he pleases, such as Levi, and Natftali cannot object that he does not like Levi. Reuven may subdivide his house provided it is not used to increase the inhabitants of the house such as permitting an additional family to move into part of the subdivided space, because these additional people will increase the traffic in the hallways and in courtyard A. If Reuven leases his house to a tenant, Levi, Levi may not permit others to reside with him since this increases the traffic into the hallways and courtyard A. Reuven (and Shimon) may obtain from Beit Din an injunction to preclude such conduct on Levi’s part. However, all those who depend upon Levi for support may occupy the house with him, and neither Reuven nor Shimon may object.

Second Floors
Reuven may build a second a floor onto his house provided the entrance to the second floor does not go out into courtyard A, for that will increase the traffic into courtyard A. He may build the second floor although he waited a long time after he received permission to build the second floor. Even if the second floor was built at the time he built the house he cannot thereafter make a new door or other opening in the second floor that will face courtyard A, since it will increase traffic into courtyard A. The entrance to the second floor must come from the first floor so that there are no new openings from the second floor into courtyard A. What is said regarding second floors also holds true regarding a second house; that is, Reuven can build a second house on his land provided the second house does not have an opening into courtyard A. The second house may have an opening into his old house. (There is also authority that the second house may not enter into the old house) unless it has another entrance from the second house into another courtyard. Since the danger exists that the people of the other courtyard will enter his second house and use it as a shortcut and come out of the first house into courtyard A, thereby increasing the traffic.) Reuven who owns one house that has a front door in courtyard A, purchases a second house, the front door of which opens into another courtyard, courtyard B, or into another street. The back of the second house faces courtyard A, but does not have an opening into courtyard A. Reuven wishes to make a second door in the back of the second house so that it will lead into courtyard A. Reuven may not do so. (Reuven cannot do so even in the old house that faces courtyard A. The law stated here describes a situation which Reuven desires to close up the door that he has in his old house that faces courtyard A and substitute this opening with the opening in the second house. He may not do so. Or Reuven has acquired from Shimon the right to make an opening such as a door in his old house. He may not transfer this right to the second house. If Reuven closes up the entrance of the new house into its courtyard, he may have the second house have its entrance into the old house, which has its front door in courtyard A. This will not increase the traffic into Courtyard A. The added to second floor or the new house may be used for storage only but not for additional residents (other than increases in his own immediate family) because this increases the traffic into courtyard A.

Acquiring a presumption for light
Shimon may acquire a presumption for light (the right to continue to use the light that is there now) in several ways. He may make his window opening before Reuven uses his land that is contiguous to Shimon’s land. Thus, when Shimon makes his window opening, there is no over- viewing onto Reuven’s land. Or Shimon may open his window with the permission of and agreement of Reuven, express or implied. There is a difference of opinion between R. Karo and R. Isserles regarding the time required to acquire a presumption for light as there is regarding the presumption for claiming that Shimon purchased the land from Reuven. According to R. Karo the presumption can be acquired immediately upon Shimon discovering that Reuven has made an opening that can overview Shimon and Shimon remaining silent. According to the view of R. Isserles, Shimon cannot acquire the presumption for light unless he claims color of title, that Reuven sold or gave him the right, that Shimon lost the proof, and he maintained the window there for three years without a protest from Shimon. If Reuven produces a deed from Shimon or witnesses testify there were present when Shimon gave Reuven the right, then he need not rely on the presumption and may maintain his window by virtue of the deed or permission. If Shimon makes an opening in his house that enables him to overview a piece of vacant or unused land and thereafter Reuven purchases or uses the formerly vacant land, Shimon cannot be told to stop using the window or to block it up. Neither can Reuven block Shimon’s window by building a wall in front of Shimon’s window. Once Shimon has established his right to keep the window open he cannot thereafter be compelled to block it up. Once Shimon acquires his presumption for light Reuven may not complain that Shimon has the potential for overviewing him. Once Shimon acquires the presumption for light, even if Shimon thereafter blocks up his own window by blocking the inner portion of the window but leaves the window frames intact, Shimon may reopen the window opening whenever he desires to do so. According to all the authorities, if Reuven specifically gives Shimon permission to make the opening, Shimon has the right to keep his opening and Reuven may not disturb the opening.

The subject matter of this lesson is more fully discussed in volume V chapter 154 of A Restatement of Rabbinic Civil Law by Emanuel Quint. This volume can be purchased at local Judaica bookstores. Questions to quint@inter.net.il

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