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Torah & Horaah — Vayishlach 5785

Выпуск: Torah & Horaah — Vayishlach 5785. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Vayishlach 5785 314  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Who is Responsible to Trim the Branches of a Tree that Overhang a Shul's Succa Question In last week's article you wrote that if A's tree hangs over his neighbor B's property in a manner that interferes with B's use of his property, B may cut down the branches that interfere with his use. However, the Mishna 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org writes that if the tree was damaging his that overhung the public thoroughfare in neighbor's water pit, the owner of the tree a manner that interfered with those who is entitled to compensation for the loss of rode their camels there. explanation is that if the victim is an entire This seems to indicate that when the party city Chazal feared that no individual will who suffers from the tree's branches is the take up the public cause since there is a townspeople, the owner of the tree has to tendency for people to shirk responsibility trim his tree himself and not the victims. Since Rav Yannai had overhang a public thoroughfare, the to rule that the other person has to allow Mishna (BB 27B) rules that they must his tree to be trimmed, he first had to trim be trimmed to ensure that they will not his own tree in order to serve as a role interfere with camel riders in the public model for the other individual. The Gemara (BB 60A) Since the damaged party here was the records that once both Rav Yannai, an early public and yet, according to the Meiri, only amoro, and another individual had trees one who is a talmid chacham must trim 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org the tree himself, we see that for ordinary they certainly would only trim the tree if people the one who is disturbed by the they were disturbed by the branches. when the Rambam writes that the owner It seems that the Rambam (Nizkei Momon of the tree trims it he only means that the 13, 26) maintains that if the public is owner of the tree has the right to trim the disturbed by a private ind

Издание

Torah & Horaah

Дата

13 декабря 2024 г.

Страниц

4