Tuesday, July 25, 2023

Fwd: Business Halacha Daily


---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info@baishavaad.org>
Date: Tue, Jul 25, 2023, 7:58 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>


May a Homeowner Ban People from Taking a Shortcut Through His Property?


Question: Is it permitted to take a shortcut through someone else's property without permission? Can a homeowner block people from walking through his property, or would this fall under the category of "middas Sodom" because the homeowner isn't losing anything by having people walk through his yard?


CLICK BELOW TO WATCH THE VIDEO

Presented By Rav Yosef Greenwald, Rav of k'hal Dexter Park


Answer: Tosafos understands that the reason one can't charge someone who used his property in a case of zeh nehen v'zeh lo chaseir is because of the rule of "ain kofin al middas Sodom", which basically means: What do you care if someone else derived a benefit as long as you aren't losing anything?


The question is whether middas Sodom just means that you can't charge someone retroactively for enjoyment he had from your property, or if it also means that you can't prevent someone from using your property in the future.


Tosafos says that the rule of middas Sodom does not mean that people do not have full property rights. Homeowners cannot be forced to let people trespass on their property. Although they can't charge them for having done so, they also don't have to allow them to do it in the first place.


Moreover, it could be argued that in most cases allowing people to walk through someone's yard is a case a chaseir, as a loss of privacy is also a loss.


Although the Rishonim do say that there is also a moral imperative not to be like the people of Sodom if there really isn't any loss, still, one cannot be forced to allow people to walk through their property.

To view past shiurim, please visit baishavaad.org/daily.

If you have any questions related to these shiurim, you can reply directly to this email.

OR SEARCH "BUSINESS HALACHA DAILY" VIA YOUR FAVORITE PODCAST VENUE
Bais HaVaad Halacha Center | 105 River Ave., Building B Suite #301, Lakewood, NJ 08701
Unsubscribe agentemes4@gmail.com
Update Profile | Constant Contact Data Notice
Sent by info@baishavaad.org

No comments: