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Torah & Horaah — Pinchas 5784

Выпуск: Torah & Horaah — Pinchas 5784. 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 Pinchas 5784 296  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Parking in my Neighbor's Vacant Parking Place Question There is underground parking in our building. Answer At first glance it may seem that the answer to is yours." The people of Sodom were wealthy your question is that you may not use someone and did not want to share their wealth with else's parking space since it does not belong to anyone else and therefore, they codified this you. Many Rishonim (e.g., Tosafos, 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org Rabbeinu Yona in their commentary to BB 12B) need to pay is because, since the benefactor maintain that this is a Biblical rule. He where a person lived in someone else's vacant states that even though kofin al midas sedom, house in a manner that saved the tenant money since the owner can earn rent from the property, but caused absolutely no monetary loss to he may evict the squatter from his property, the house's owner, which the Gemara calls ze even though he does not now intend to rent out nehene veze lo choseir. But if it cannot be rented this manner.) out (and the owner does not intend to use it The reason we must utilize this principle is himself in some manner), the owner cannot because in Torah law one is generally liable for evict you because of kofin al midas sedom. The reason the squatter does not (BK 20B, BB 12B) and the Nemukei Yosef (BK 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org 8B), who cites the Re'o, Rosh and Ritvo, and them, since their parking spots are their private others maintain that the principle of kofin al property. midas sedom does not force the owner of a In your situation, the owners are not preventing property to allow someone else to enter into you from using their spots, you just want to park or place an object on his property, against the without asking any questions. Beis din can only force a Even if we maintain that you cannot force the person to avoid using his property or their joint owner to allow you to park in his

Издание

Torah & Horaah

Дата

26 июля 2024 г.

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3