web analytics
September 16, 2014 / 21 Elul, 5774
At a Glance
Judaism
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



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.

SocialTwist Tell-a-Friend

Current Top Story
rocketpopmap12009
IDF Confirms: Rocket Launched from Gaza
Latest Judaism Stories
15th century Book of the Torah

This week’s parsha offers a new covenant; a covenant that speaks to national life unlike any other

Leff-091214

All Jews are inherently righteous and that is why we all have a portion in the World to Come.

Grunfeld-Raphael-logo

If mourning is incompatible with Yom Tov, why is it not incompatible with Shabbat?

Taste-of-Lomdus-logo

Since it is a Rabbinic prohibition we may follow the more lenient opinion.

How can the Torah expect me today, thousands of years after the mitzvahs were given, to view each mitzvah as if I’m fulfilling it for the first time?

Torah isn’t a theological treatise or a metaphysical system but a series of stories linked over time

In contrast to her Eicha-like lamentations of the previous hour or more, however, my youngest was now grinning from ear-to-ear.

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

e are in a time of serious crisis and must go beyond our present levels of chesed.

According to Ibn Ezra, the Torah was stressing through this covenant that hypocrisy was forbidden.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

Simcha is total; sahs is God’s joy in protecting us even when we are most vulnerable.

Not only do we accept You as our King, it is our greatest desire that the name of Your Kingdom be spread throughout the entire universe.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

Business-Halacha-logo

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

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: