Bava Batra 2: Building a Mechitza

Based on the first daf of Masechet Bava Batra, it is easy to understand why "Bava Batra" has been quoted so often.  The questions that the rabbis ask about property rights, privacy, and shared ownership are still being debated today.  

We begin, of course, with a Mishna.  It teaches that when two people share a property line and one wishes to build a wall, that wall will be made of chiseled stone, unchiseled stone, small bricks or large bricks according to the custom in that area.  Regardless of the type of material used, each owner will build the wall of equal thickness.  The Mishna tells us which materials require which thickness of construction.  That way if the wall breaks or falls, it is understood who owns which parts of the wall for rebuilding.  If one wishes to build a mechitza, partition, in a garden, the other person is only compelled to do so if it is customary to have walls within gardens in that region.  

If one owner does not wish to build a wall and it is not customary - so he is not compelled to do so - then the person wanting a wall must build it within his own property.  He leaves a marker on the opposite side of the wall so that if it falls, all can see that the stones were all his.  If the wall is built on the border between their properties, the stones are similarly marked to demonstrate that each person owns the stones up to the middle point of the wall.

The Gemara jumps in with the example of a vineyard and field of grain that may become intertwined, negating the value of both fields due to the halacha regarding mixed kinds.  If the wall is built and then falls - and then is reinforced but falls again, the rabbis discuss who is responsible for the breach and thus the negative value of the crops.  

The rabbis spend much time on the concept of damage "by sight".  They discuss whether or not it is possible to incur damages based on what a person can see.  A wall serves the function of blocking sight.  Some people might want privacy in their courtyards.  And the rabbis agree that a person staring at another person's field is liable for damages, for he could have been giving the field the "evil eye".  But what about a neighbour who can see into one's courtyard?  Or someone on a roof who can see into another person's courtyard?   How much privacy we desire is a personal preference.  The rabbis seem to consider whether or not such disruption is uncomfortable or whether it causes monetary damage when they decide about these cases.

We learn that windows were built at a level high enough to ensure that no one could stare into one's home.  As well, a wall built near one's home would have to be low enough to ensure that a person could not look over the wall and stare into one's home.  And the wall should not block the light that enters a neighbour's home through their windows.  A parapet might be necessary to build on one's roof to block the view of one's neighbours.  And our last comment of the day is an argument I have heard recently regarding real estate debates: but I use my roof (or courtyard) regularly and they rarely use their courtyard (or roof).  Why should I have to make the changes?  Truly age-old complaints.