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“Maharsham [3:376] writes that when the wall was already built, the neighbor can maintain it,” answered Rabbi Dayan. “Moreover, elsewhere he writes that so long as he builds on his own property, he has the upper hand and can follow the lenient opinion of the Maharalbach.”

“Thus, Ari is entitled to build the fence,” concluded Rabbi Dayan. “However, to uphold proper neighborly relations, it would be appropriate to seek a mutually acceptable solution.” (See Emek Hamishpat, Shecheinim 19)


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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 [email protected]. 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 [email protected].