web analytics
May 22, 2015 / 4 Sivan, 5775
At a Glance
Judaism
Sponsored Post


The Ball Over The Wall

Choshen-Mishpat-logo

Mr. Marx was relaxing in his garden Sunday afternoon, savoring the remaining days of sunshine. At least he was trying to relax. From over the wall of his garden came the steady thump, thump and shouting of the local teenage boys playing basketball in the neighbor’s back yard.

Mr. Marx didn’t mind their playing ball, though the noise was disrupting to his “quiet” relaxation. However, he very much minded the frequent balls that made their way over the wall into his garden. The many failed attempts at three-point shots were a particularly sore issue.

Sometimes, the ball would land in Mr. Marx’s lap while he sat reading in the sun. Occasionally, it would land on a flowerpot or toy and break it.

At first, the boys would simply climb over the wall the retrieve their ball. “Excuse me,” they would say as they popped over the wall and landed in the Marxes’ garden. “I just have to get the ball…”

In the summer this had been non-stop. Mr. Marx finally put his foot down about this, especially since he liked to sit in his garden dressed casually. “If you need the ball, you come around the front and ask for it like a mensch,” he insisted.

Sometimes the boys wouldn’t bother and would continue playing with another ball, until it, too, made its way into Mr. Marx’s property.

Mr. Marx tried talking to the neighbor. “Could you get your kids to play elsewhere?” he said. “It’s annoying to us.” The neighbor apologized, but wasn’t particularly cooperative about stopping the boys.

Today, as Mr. Marx lay there with his eyes closed, enjoying the warmth, another ball flew over and landed right by his head.

“I’ve had enough of this!” Mr. Marx leaped up. He marched inside and got dressed. “I’m warning them that the next time the ball comes over the wall, they’re not getting it back!” he said to his wife. “I’ve told them over and over again to stop playing ball like this. They just don’t listen, and their parents don’t do anything about it.”

“I agree the neighbors are not acting properly,” said his wife, “but I’m not sure you’re allowed to do that. It is their ball.”

“Well, then what can I do?” asked Mr. Marx. “This is becoming crazy.”

“I don’t know,” replied his wife. “How about speaking with Rabbi Dayan,” she suggested. “Ask him if you can do this. Maybe you can even stop them from playing or require them to build a fence.”

Mr. Marx met with Rabbi Dayan and explained his predicament. “What can I do to alleviate this problem?” he asked. “Do I have a legal right to demand that the boys stop playing ball?”

“A person can restrain his neighbor from doing activities that damage, are a major nuisance, or to which he is particularly sensitive,” explained Rabbi Dayan. “However, ball playing does not seem to fall into these categories, even if the ball makes its way over the wall numerous times.” (C.M. 155:35-41)

“What about requiring the neighbor to construct a tall fence?” asked Mr. Marx.

“If the ball typically causes damage, it is possible to require them to do so, since a person has to take precautions not to damage another,” said Rabbi Dayan. (155:34) “However, if the ball rarely damages and the issue is primarily one of nuisance, it is not possible to require the neighbor to build a fence, although it would be proper from his end.”

“Can I threaten the boys to confiscate the ball if it falls into my garden?” asked Mr. Marx.

“You do not have a right to unilaterally confiscate the ball,” said Rabbi Dayan. “Although the ball is a nuisance to you, you cannot take it from them and have an obligation to return it, like any other lost item. In fact, the mitzvah of hashavas aveidah applies even if the person constantly loses the item a hundred times.” (267:2)

“What if I warn the parents also?” asked Mr. Marx

“If this is a recurrent issue, the parents could allow you, as an educational measure, not to return the ball,” answered Rabbi Dayan. “You can also insist that you will return the ball only to the parents.”

“What if the ball damages items in my yard?” asked Mr. Marx.

“In that case,” replied Rabbi Dayan, “you are allowed to withhold the ball until the damage is paid. This is true even nowadays that there are limitations on the beis din‘s ability to adjudicate cases of damage – torts.” (1:5)

“In any case, the boys do need to be more careful,” Rabbi Dayan concluded. “It is wrong to do something which disturbs the neighbor and is a lack of v’ahavta l’reiacha kamocha, Love your neighbor as yourself.”

Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “The Ball Over The Wall”

Comments are closed.

Current Top Story
Seder at the White House. The one without the kippa is President Obama.
Obama Reaching Out to (Liberal) Jews in Sermon at Synagogue
Latest Judaism Stories
Torah

This Shavuot let’s give G-d a gift too: Let’s make this year different by doing just 1 more mitzvah

Q-A-Klass-logo

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if […]

Grunfeld-Raphael-logo

God and the divine origin of His Torah are facts even though we do not fully comprehend them.

Winiarz-Shaya-logo

So if we basically live the same life, why should he get eternal reward and not me?”

The question is: What about pidyon haben? Can one give the five sela’im required for pidyon haben to a kohen’s daughter?

In Parshas Pinchas the Torah introduces the Mussaf for Shavuos by describing it as Yom HaBikurim when we bring the new offering.

Rachel was thrown by the sight and began to caringly think whom this person might be.

The desert, with its unearthly silence & emptiness, is the condition in which the Word can be heard

The census focused on the individual, proving each is created as irreplaceable, unique images of God

Jewish survival in a dysfunctional world requires women assuming the role Hashem gave them at Sinai

The Honor Of Reading The Kesubah
‘Witnesses Sign Only After Reading…’
(Kesubos 109a)

Why does the Torah use two different words for “to count,” and what does each indicate?

From Bemidbar on and in Nevi’im, the nation is viewed primarily by its component parts, the tribes

“You do know that nothing occurs without reason. Can you think of something you might have done to bring on your malaise?”

What does the omer & agricultural laws pe’ah & leket teach about the Biblical approach to holidays?

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

Business-Halacha-NEW

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/the-ball-over-the-wall/2011/12/08/

Scan this QR code to visit this page online: