One may not open his windows to a courtyard held in partnership, [and, it goes without saying, to his neighbor's courtyard, because of "sight damage."] If one (of the partners to the courtyard) bought a house in a different courtyard [close to the first], he may not open it [i.e., he may not open an entrance in it] to the common courtyard, [for he thereby increases passage into it by the inhabitants of that house.] If he built an upper story on his house, he may not open it to the common courtyard. But if he wishes, he may build a room inside his house, [in which instance he adds nothing, but simply divides his house in two. (For even without this, he may fill up his house with dwellers if he wishes)], and he may build an upper story atop his house and open it into his house. One may not open to a common courtyard a door opposite a door, or a window opposite a window, [it being written (Numbers 24:2): "And Bilam opened up his eyes and he saw Israel dwelling according to its tribes." What did he see? He saw that their (tent-) openings were not opposite each other.] If it were small, he may not make it large. [For the other can say: "With a small opening, I could conceal myself from you; with a large one, I cannot."] If it were one, he may not make it two. [For the other can say: "With one opening I can conceal myself; with two, I cannot."] But a door may be opened opposite a door, and a window opposite a window, to a public domain. If it (the opening) were small, he may make it large. If it were one, he may make it two. [For he can tell the other: "In any event, you have to conceal yourself from those in the public domain."]
Bartenura on Mishnah Bava Batra
לחצר השותפים – into a courtyard which has joint ownership of it, and all the more so, to the courtyard of his fellow because of the damage of sightlines.
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English Explanation of Mishnah Bava Batra
Introduction
Mishnayoth seven discusses things a person builds on his property that might damage other people’s property in an indirect manner. Specifically it deals with a person building a window or door which would allow him to see into another’s property. This and the following mishnah are not related to the subject of the chapter. Rather they relate to the subject of the second chapter.
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Bartenura on Mishnah Bava Batra
לקח בית מחצר אחרת – that is next to his this courtyard which has joint ownership, he should not open for himself a door to that courtyard, for there is a great deal of foot traffic from those who dwell in that house.
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English Explanation of Mishnah Bava Batra
In order to understand our mishnah we must remember that in the times of the Mishnah houses were built around a common courtyard. A person would have joint ownership of that courtyard with the other house owners whose homes also opened into the courtyard (see the diagram below).
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Bartenura on Mishnah Bava Batra
בונה חדר לפנים מביתו – which does not add anything, but divides his home into t, for without this, he could fill his house with inhabitants/tenants if he wanted.
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English Explanation of Mishnah Bava Batra
One may not make a window to open into a jointly held courtyard. A person should not open a window in his home which would look into the jointly held courtyard. The mishnah wishes to prevent the situation where other people could see into a person’s home.
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Bartenura on Mishnah Bava Batra
פתח כנגד פתח – as it states in the Biblical verse (Numbers 24:2): “As Balaam looked up and saw Israel encamped tribe by tribe.” What did he saw? He saw that their openings [of the tents] were not directed one opposite the other (allowing people to see inside each other’s tent).
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English Explanation of Mishnah Bava Batra
If he bought a house in another [and adjoining] courtyard he may not open it into a jointly held courtyard. If Reuven owned a house and held joint ownership over courtyard a and then bought a house that opened to courtyard b but was also adjacent to courtyard a, Reuven may not open the new house to courtyard a. The problem is that by opening a new house to the courtyard he will increase the number of people participating in that courtyard. In such a case the neighbors who share courtyard a may protest. Neighbors Courtyard a Reuven’s current house Reuven’s new house Neighbors Courtyard b Neighbors Courtyard a courtyard a potential opening Neighbors Courtyard b courtyard b Neighbors Courtyard a Neighbors Courtyard a Neighbors Courtyard b Neighbors Courtyard b
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Bartenura on Mishnah Bava Batra
קטן לא יעשנו גדול – for he said to him: “with a small opening, I can be private (i.e., protect myself) from your gaze; with a large opening, I cannot be private (i.e., protect myself) from your gaze (see Talmud Bava Batra 24aa and 60a).
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English Explanation of Mishnah Bava Batra
If he built an upper room over his house he may not make it open into the jointly held courtyard; But, if he wishes, he may build another room within his house or build an upper room over his house and make it open into his own house. For similar reasons to those mentioned in section two, a person may not make a second floor in his home and make it open into the courtyard. If he were to rent this second floor to another family he would increase the number of people participating in the courtyard. He may, however, divide his house and add a room or build a second floor and have it open into his own house. Although this too will increase the number of residents, since a person could in theory rent out his house to as many residents as he wishes he can also add more rooms to his house, so long as he doesn’t make a new opening to the courtyard.
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Bartenura on Mishnah Bava Batra
אחד לא יעשנו שנים – for he said to him; with one opening I can be private (i.e., protect myself); with two, I cannot be private (i.e., protect myself).
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English Explanation of Mishnah Bava Batra
In a jointly held courtyard a man may not build a door directly opposite another’s door, or a window directly opposite another’s window. If the window was small he may not make it larger; if it was a single window he may not make it into two. Here we learn that a person may not build a door or window opening into a jointly held courtyard, if that window or door will allow people to look from one house into the other through the courtyard. He also may not expand the window by making it larger or by turning one window into two.
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Bartenura on Mishnah Bava Batra
אבל פותח הוא לרשות הרבים – for he said to him, that finally, you are able to be private from the members of the public domain.
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English Explanation of Mishnah Bava Batra
But in the public domain he may open a door opposite another’s door, or a window opposite another’s window. If the window was small he may make it larger; if it was a single window he may make it into two. A person may however make a window in his home that is opposite a window in a house on the other side of the public domain. Since the other person in any case had to be careful from people in the public domain peeping in, a window from a private home does not create further damage.
