Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 45:10

ואי אשמעינן הכא דכיון דיחיד הוא אימא פיוסיה פייסיה אי נמי אחולי אחיל גביה אבל רבים מאן פייס ומאן שביק אימא לא צריכא:

— The point of R. Zebid's statement lies in the reference to the purchaser. But in regard to the purchaser also we have learnt that 'if a man buys a courtyard in which are beams and balconies projecting over the main thoroughfare, he has a legal right to retain them'?<span class="x" onmousemove="('comment',' Infra 60a. Which is exactly similar to the rule laid down here, that the purchaser has a right to retain the dovecotes. Why then should both statements be made? ');"><sup>15</sup></span> — Both statements are necessary. For if I had only the statement regarding the main thoroughfare to go by, I should say that the reason there [for allowing the right to stand] is because the courtyard had been originally drawn back from the main thoroughfare [to allow room for the projection], or that the public had waived its right<span class="x" onmousemove="('comment',' According to Tosaf., through the 'seven headmen of the town', the boni viri, at a public meeting. ');"><sup>16</sup></span>

Teshuvot Maharam

Q. A built a bath-house near the synagogue. The members of the community claim that the odor and smoke of the bath-house inconveniences them, and therefore, demand that A close the bath-house.
A. If A claims that the leaders of the community sold or gave to him the right to build the bath-house and if he has proof that they did not object to it for a while, after its construction and operation, he may continue to operate it, since the inconvenience is not so great, as it is being operated only once a week and the odor is mild.
SOURCES: Pr. 233.
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