Talmud Bavli
Talmud Bavli

Musar for Bava Batra 119:13

ר' ינאי הוה ליה אילן הנוטה לרשות הרבים הוה ההוא גברא דהוה ליה נמי אילן הנוטה לרשות הרבים אתו בני רשות הרבים הוו קא מעכבי עילויה אתא לקמיה דר' ינאי א"ל

Said Raba to him: [This is not so, because] the other can say to him, I can preserve my privacy from you if you have one door, but if you have two doors I cannot.<span class="x" onmousemove="('comment',' Because if one door is shut the other may still be open. ');"><sup>10</sup></span> ON THE SIDE OF THE STREET, HOWEVER, HE MAY MAKE A DOOR FACING ANOTHER PERSON'S DOOR. [The reason is] because he can say to him: In any case you have to preserve your privacy from the eyes of the passers-by<span class="x" onmousemove="('comment',' Who can look through the door and the windows. ');"><sup>11</sup></span> [and therefore you may as well do so from me also]. <b><i>MISHNAH</i></b>. A CAVITY MUST NOT BE MADE UNDER A PUBLIC PLACE, [TO WIT,] PITS, DITCHES AND CAVES. R. ELIEZER PERMITS THIS PROVIDED [THAT THE SURFACE IS STRONG ENOUGH TO BEAR THE PASSAGE OF A WAGON LOADED WITH STONES. SPARS OR BEAMS MUST NOT BE ALLOWED TO PROJECT [FROM THE WALL OF A HOUSE] OVER THE PUBLIC WAY. THE OWNER MAY, HOWEVER, IF HE DESIRES DRAW BACK HIS WALL FROM THE STREET AND THEN ALLOW THEM TO PROJECT. IF A MAN BUYS A COURTYARD IN WHICH ARE SPARS AND BEAMS [PROJECTING], HE HAS A PRESCRIPTIVE RIGHT TO KEEP THEM THERE. <b><i>GEMARA</i></b>. [R. ELIEZER SAYS etc.] Why do the Rabbis forbid this? — Because the surface may wear thin without being noticed.<span class="x" onmousemove="('comment',' Cf. supra 27b. ');"><sup>12</sup></span> SPARS AND BEAMS MUST NOT BE ALLOWED TO PROJECT etc. R. Ammi had a spar projecting over an alley-way,<span class="x" onmousemove="('comment',' Which is private property. ');"><sup>13</sup></span> and another man had a spar projecting over a public way. [Some passers-by objected]<span class="x" onmousemove="('comment',' These words occur in our texts, but in brackets. ');"><sup>14</sup></span> and he was summoned before R. Ammi. He said to him, Go and cut it down. But, said the man, you, Sir, also have a projecting spar? Mine, he replied, projects over an alley-way the residents of which have given me their consent. Yours projects over a street; who is there to surrender the [public's] rights? R. Jannai had a tree which overhung the public way, and another man also had a tree overhanging the street. Some passers-by objected and he was summoned before R. Jannai. He said to him:

Shenei Luchot HaBerit

The third aspect concerning which man's conduct on earth will be examined is alluded to by the dual spelling of 25,30 in connection with the discussion of the applicability of the law on redemption of houses sold permanently. The Talmud Erchin 15 discusses the advantage enjoyed by a creature who has been given the power of speech. Basing themselves on Psalms 120,3 "What can you profit, what can you gain, O deceitful tongue," our sages portray G–d as saying to the tongue: "All the other limbs of man are upright; but you are in a prone position. All the other limbs of man are an appendix to his body, but you are within his body. Not only that but I have surrounded you with two חומות, walls, one of bone (the teeth) and one of flesh." The secret dimension of the letter מ is that it appears both as an open letter and as a closed letter (the final ם which in its form is like a closed wall). When a person is circumspect about the use of his tongue, the mouth acts like a dosed wall. When he is careless, his mouth is like a wall which has broken down. This is alluded to in the final, closed ם in the middle of the word in Isaiah 9,6: למרבה הפשרה ולשלום אין קץ, "In token of abundant authority and of peace without limit." In the verse just quoted, our Rabbis perceive that it is human nature to look for faults in others, i.e. "a broken wall" while considering themselves like a "closed wall," i.e. free from faults. This is the deeper meaning of what our sages (Baba Batra 2a) describe as היזק ראיה, damage caused to a person by invading his privacy by looking into his domain [a kind of peeping. Ed]. It is the moral background to the Mishnah in the above mentioned section of the Talmud in which the contribution a neighbor has to make to a wall dividing common property is discussed. The purpose of the wall is to prevent such damage. In other words, the so-called damage is due to the tendency of people to discover something discreditable about their neighbors. We see that even halachically the wall is perceived as something that prevents damage of an abstract nature such as היזק ראיה.
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