THE JERUSALEM INSTITUTE OF JEWISH LAW
Rabbi Emanuel Quint, Dean

Lesson # 364 • Neighbors, Rights and Responsibilities (part two)
We continue with the topic that so many neighbors get involved in. In some societies there is no way that a person can stop his neighbor from looking into his property. In halacha, however, there are certain rights to privacy and these are the subjects that we have been discussing and continue to discuss.

In the last lesson we were discussing the real estate owner's acquiring a presumption (the right to continue to maintain) a window and once in, it cannot thereafter be blocked out by his neighbor. 

We will now discuss the size of a window for which Shimon may acquire the presumption. It is not every window opening for which Shimon can acquire a presumption. If it is large enough for a man’s head to pass through, or the bottom of the window is lower than four cubits (about 7 feet) above the ground but not large enough for a man’s head to pass through, Shimon may acquire a presumption to maintain the window opening. Once Shimon has acquired the presumption to maintain the opening, Reuven cannot block it up and must build any wall or other obstruction that he wishes to build at least four cubits away from the opening. If the opening is small so that the head of a man cannot pass through it or if the bottom of the window is more than four cubits above the ground, Shimon does not acquire a presumption to maintain the window opening. And Reuven may block the opening when he builds a structure on his land opposite the opening. These rules apply if Shimon makes the opening for ventilation. But if he makes the opening for light then Shimon can obtain a presumption even if the window opening is small or more than four cubits above the ground. There is an opinion that the window opening to qualify for the presumption must have a frame or the shape of the window. The standards of the community are controlling when questions arise as to whether it is a window opening.

Presumption for light not may be disturbed
If Shimon’s window faces the public street, there are no prohibitions for Reuven as to obstructing the light of Shimon coming through the window from the street. However, if Shimon’s window faces the street, Shimon may not overview Reuven. All that is said here applies when Shimon has a presumption and a window that faces Reuven’s property. Once Shimon has a presumption to maintain his window, Reuven may not build any structure that will block such window. Shimon can obtain an order from Beit Din to compel Reuven to comply with the laws stated in this lesson. Reuven must leave a space of seven feet (four cubits) between any structure and Shimon’s window. The halacha demands a space of four cubits. If Reuven leaves a space of seven feet and builds his structure, Shimon cannot complain if the structure built by Reuven does not permit light to enter into Shimon’s window.

Although Reuven may obstruct the light coming through Shimon’s window by building his structure seven feet from Shimon’s window, it must be built in such a way that Reuven will not be able to overview Shimon’s window. For example if the window in Shimon’s wall is low, Reuven must build his wall at least seven feet away from Shimon’s window and its top must be at least seven feet higher than the top of Shimon’s window so that if Reuven stands on the top of his wall he will not be able to see into Shimon’s window. In the wall that Reuven is building, there cannot be any window opening facing the window of Shimon through which Reuven can look into Shimon’s house. The distances depend upon the angle at which Reuven can possibly look into Shimon’s window. Thus if Reuven’s wall is more than seven feet from Shimon’s window the wall built by Reuven will have to be taller than 7 feet above the top of Shimon’s window. If the window in Shimon’s wall is high, Reuven must build his wall so that its top is at least 7 feet lower than the bottom of Shimon’s window. In such a situation, Reuven’s wall need not be removed from Shimon’s wall since he is not obstructing Shimon’s light. If Reuven’s wall is perpendicular to Shimon’s window, it need be removed only one tefach (handbreadth) from the window opening, provided that Reuven’s wall is at least seven feet higher than the top of Shimon’s window or the top of Reuven’s wall is slanted so that Reuven is not able to sit or stand on the wall and look into Shimon’s window.

The opening must be a tefach from the end of the window. It need not be removed a tefach from the outside of the window frame but from the actual window. If Reuven builds two walls perpendicular to the window, one on each side of Shimon’s window, they must be at least 7 feet between Reuven’s two walls, with Shimon’s window in the middle. If Reuven wants to put a cover over his two walls, the covering must be removed at least seven feet from Shimon’s wall that has the window in it. It must be the kind of cover on which Reuven cannot stand. The reason for this is not to block out the light to Shimon’s window. If Reuven builds a roof on his structure facing Shimon’s window, the roof, even if it slopes, must still be at least seven feet below the bottom of Shimon’s window. A skylight is not considered a window for the purpose of this lesson.

Protecting against the presumption of light
Until such time as Shimon has acquired his presumption for light, Reuven may take what ever legal action he can to prevent Shimon from obtaining the presumption to maintain his window opening or door opening whether or not it overviews Reuven’s property. These are some of the situations in which Reuven may complain that Shimon’s action will lead to a presumption and if Shimon does not heed the protest of Reuven, Reuven can apply to Beit Din for an order precluding Shimon from acquiring a presumption. Assume that Shimon had built an opening in his wall that will permit his overviewing Reuven. In an attempt to avoid Reuven’s commencing a law suit in Beit Din to enjoin the potential overviewing, Shimon transfers title to his land to his minor child. Beit Din will permit Reuven’s law suit to proceed without having to wait until the owner child attains his majority. If Shimon sells his property to a Gentile, Beit Din will order Shimon to remove the overviewing. This assumes that Reuven is too timid or too frightened to commence a law suit against the Gentile since he feels threatened by suing a Gentile.
More IYH next lesson.

The subject matter of this lesson is more fully discussed In Volume 5, Chapter 154 of A Restatement of Rabbinoic Civil Law by Emanuel Quint. Copies of all volumes can be purchased at local Judaica bookstores. Questions to quint@inter.net.il

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