Hezk Riyah | By Rav Asher Weiss Shlit"a at Yeshivas Ohr Sameyach (5786)

What’s said in this shiur

The opening of this shiur, in Rabbi Asher Weiss’s own words — taken from the captions, so names and Hebrew terms may be approximate.

So, it's always a pleasure to visit the Yeshiva, and it is more often that I come to the Yeshiva to give the chizuk than to give a Yeshiva shiur in the mesechta that you're learning, but uh it's just as important. And nobody could say what is more important. >> [snorts] >> Simchas [clears throat] Torah or uh amal hamusar? Both are important, and they're two sides of the very same coin, which is dveikus and Torahs Hashem. So, I understand you're learning the beginning of Bava Basra in the sugya of hezek re'iyah. So, there's a machlokes in the Gemara whether hezek re'iyah is defined as hezek and whether neighbors that share a porch or share a chatzer could impose one on the other, "I want a wall between the two of us. You should not be able to look at my private domain." And that is a machlokes whether hezek re'iyah is mei hezek and the halacha is hezek re'iyah shemei hezek. And even though these neighbors lived for a year or two, an extended period of time without a partition dividing the two of them, there is no chazaka, ein chazaka ba hezek re'iyah, and each neighbor could impose on the other, "I want more privacy, and therefore we need to build a partition between our properties, and both parties need to participate 50% of the expense." The Rosh, the beginning of the mesechta, perek aleph, siman bais, the Rosh says, "Even though ein chazaka ba hezek re'iyah, yesh mechila ba hezek re'iyah." And if one party was mochel, and he said, "I am mochel." You know, I speak a decent English, I think, but my halachic terminology in English is not very sophisticated. How would one define machila? Forgive us more Forgive hurt my feelings.

Jump to a moment

1. 0:00So, it's always a pleasure to visit the Yeshiva, and it is more often that I…
2. 3:09vekoineh, all other monetary obligations are born and bred out of a certain event. I damaged…
3. 6:15does the Hazon Ish solve the problem of this is a chiyuv hamischadeish? It is not…
4. 9:18And the caption is Kinyan La'Chatzoim. And I went through about 10 different concepts. I'm just…
5. 12:55But when I say you don't need to build a wall between us that is binding…
6. 15:57not as if you gave because I have no benefit out of the money I never…
7. 19:00shecheinim from beginning to end. I cannot plant a big tree, even in my domain, when…
8. 22:38counts in dollars and cents. It's not damaging in others' property. So in my understanding, Hezekiah…
9. 25:46And that is why yes, it is is as if I owe you money. And that…
10. 28:50What's your problem? And if not, call me to base then. Yes, I have to pay…

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