לישנא אחרינא אמרי לה סברוה מאי מחיצה פלוגתא דכתיב (במדבר לא, מג) ותהי מחצת העדה וכיון דרצו בונין את הכותל בעל כורחן אלמא היזק ראיה שמיה היזק
Another version [of the above discussion is as follows]. It was presumed [in the <i>Beth Hamidrash</i>] that mehizah means 'division', as in the verse, and the congregation's mehezath was etc. Since then the partners agree to make a division, they are compelled [according to the Mishnah] to build a wall. This would show that overlooking is a substantial damage. May I not say, however, that mehizah means a wall, as we have learnt: 'If the mehizah of a vineyard has been broken down, the owner [of an adjoining cornfield] can require the owner of the vineyard to restore it. If it is broken down again, he can again require him to restore it. If [the owner of the vineyard] neglects the matter and does not restore it, he causes his neighbour's produce to become forfeit, and is responsible for his loss.' [This being so],<span class="x" onmousemove="('comment',' That mehizah means wall.
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Arukh HaShulchan
We have established that sight damage (hezek re'iyah) is a real form of damage. For most people are particular about others watching their actions, their use [of the courtyard] and their work, because the evil eye results from the gaze of others - and the Sages, may their memory be blessed, said (Bava Metzia 107a) that it is prohibited for a person to stand by another’s field when [its ripe grain] is standing; and they also expounded about the verse (Deuteronomy 7:15), "The Lord will ward off from you all sickness," this is the evil eye - and furthermore, there are many kinds of work and use that require privacy, such that when someone else is watching, one is prevented from doing them. But we have also established that there is established use (chazakah) with sight damage (showing the damaged party's consent to the situation). However there is a disagreement about the measure of established use, as I have written in the beginning of Arukh HaShulchan, Choshen Mishpat 153. For there are some that say that immediately when his fellow does [an action that impinges on his privacy] and it becomes known to him and [yet] he is quiet, it is immediately [considered] acquiescence. But there are others that say that it requires three years and a justification [of the action]. And we have already explained there in paragraph 3, regarding the established use of sight damage, that since there is a doubt about the law, the burden of proof is upon the one who wants to extract what his fellow [possesses]; and the one damaged is called the possessor. Hence there is no established use here without a justification and with less than three years. However there is established use with sight damage. And even though there are some great rabbis that hold that there is no established use at all with sight damage, our rabbis who are the authors of the Shulchan Arukh have determined that there is established use. And likewise should one instruct once a person has established his use for three years with a justification.
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