Reference for Bava Batra 117:12
<big><strong>מתני׳</strong></big> הזיז עד טפח יש לו חזקה
How is an Egyptian ladder to be defined? — The school of R Jannai defined it as one which has not four rungs. THERE IS NO <i>HAZAKAH</i> FOR AN EGYPTIAN WINDOW.<span class="x" onmousemove="('comment',' Because, as it is too small to see much out of, the owner of the courtyard does not trouble to protest. ');"><sup>12</sup></span> Why should a definition be given [in the Mishnah] of an Egyptian window and not of an Egyptian ladder? — Because [in regard to the size of the window] the dissentient opinion of R. Judah was to be recorded in the next clause. R. Zera said: There is <i>hazakah</i> [for a Tyrian window] if it comes lower than four cubits [from the floor of the room],<span class="x" onmousemove="('comment',' Because then the owner of the room can look through it and see what is going on in his neighbour's courtyard. Hence if the latter does not protest, the former acquires hazakah. ');"><sup>13</sup></span> and the owner of the courtyard can prevent [one from being made in the first instance];<span class="x" onmousemove="('comment',' To save himself from the danger of being overlooked. ');"><sup>14</sup></span> but if it is more than four cubits from the floor, there is no <i>hazakah</i> for it<span class="x" onmousemove="('comment',' Because, as it does not enable him to be overlooked, the owner of the courtyard does not trouble to protest. ');"><sup>15</sup></span> and the owner of the courtyard cannot prevent [it from being made]. R. Elai, however, said that even if it is more than four cubits from the floor there is no <i>hazakah</i> for it, and [yet] the owner of the courtyard can prevent it from being made.<span class="x" onmousemove="('comment',' For the reason given below, that the other may stand on a stool and look through. ');"><sup>16</sup></span> May we say that the point at issue between them [R. Zera and R. Elai] is whether or not we force a man to abandon a dog-in-the manger attitude,<span class="x" onmousemove="('comment',' Lit., 'the characteristic of Sodom': doing something which vexes his neighbour without benefiting himself. V. supra 12b. ');"><sup>17</sup></span> one [R. Zera] holding that we do and the other that we do not? — No. Both are agreed that we do, and here [R. Elai] makes a difference because the [owner of the courtyard] can say to the other, You might at times place a stool under yourself and stand on it and see [into my courtyard].<span class="x" onmousemove="('comment',' Hence we cannot say that the owner of the courtyard derives no benefit from preventing the other from making his window four cubits above the floor, and therefore he is at liberty to prevent him. ');"><sup>18</sup></span> A certain man appealed to R. Ammi. The latter sent him to R. Abba b. Memel, telling him, Decide according to the opinion of R. Elai.<span class="x" onmousemove="('comment',' Which shows that this is the law (Rashb.). ');"><sup>19</sup></span> Samuel said: If [a window is necessary] to let in light, however small it is there is <i>hazakah</i> for it.<span class="x" onmousemove="('comment',' And if the owner of the courtyard does not protest in time, it may be kept there permanently. ');"><sup>20</sup></span> <b><i>MISHNAH</i></b>. FOR A SPAR<span class="x" onmousemove="('comment',' A spar projecting from the roof of a house over a neighbour's courtyard. ');"><sup>21</sup></span> [WHICH PROJECTS NOT LESS THAN] A HAND BREADTH THERE IS <i>HAZAKAH</i><span class="x" onmousemove="('comment',' So that the owner of the courtyard cannot remove it after a certain time. ');"><sup>22</sup></span>