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Day #279–Rambam DAILY Sefer HaMitzvos

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SoulWords—Rabbi Shais Taub avatar
SoulWords—Rabbi Shais Taub

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today's day number 279 of our daily study of and in the three chapters of day study track of M we're continuing in the laws of neighbors chapters 78 and n and as we mentioned yesterday and the day before every day when we're doing H the laws of neighbors we're going to repeat the same Mitzvah and as I mentioned yesterday and the day before that Mitzvah we originally learned back in inin and if you don't understand that string of Hebrew words go look at the classes from yesterday and the day before okay today's MST of positive commandment 236 is I'm going to say it quickly because this is our third day doing it positive commandment 236 is the Mitzvah to follow the toa's laws about when somebody injures somebody else and the courts force him to pay compensation okay now I'm going to share with you something interesting from today's three chapters a day of mishna from chapter S Hala 8 so we're in the laws of neighbors so here's a neighbor type law you have two guys they uh live next to each other and one says to the other we'll call one ruven the other and shim so ruven says to shim you know I'm going to be building on my property I just you know heads up uh or maybe one day shim sees the contractor com to Ruben's house and he hey what are you doing oh I'm building on my property so shim says hold on a second what are you building can I see your plans and he says to him you know no I don't want you to build there you're gonna block my window I have a nice view right now you're going to ruin my view okay so according to haa shim is allowed to object and say don't ruin my view now what if Ruben counters and he says you know what I will put in and I'll pay for it my contractor is coming in I'll have him in fact I'll have him do it first he'll put in Windows in your house that are higher up where it'll see over my structure and you'll you'll still have a view does shim have to accept that the answer is is no shim can say no I don't want that I'll tell you why because I don't want you poking holes in my I you going tell me you're going to have a professional do it I don't care if it's a professional the the point is that when you start making holes in walls it weakens the wall and I don't want my wall to be weakened it's it's just not I'm not comfortable with that so shim is allowed to decline that offer now what if ruven counter counters and says well I'll tell you what I I won't poke holes in your wall what we'll do is we'll build you a brand new wall brand new wall and in your brand new wall you'll have higher windows that will see over my structure so it's win-win for you you'll you'll still have your view and you'll have a brand new wall and I'll pay for the whole thing ruven says does shim have to go along with that so their amam says no shim could still object and say you know what no because while you're doing that construction I'm going to have to move out I mean this is this big construction I'm going to you know I'm not not interested in uh in being displaced while you're doing the work well what if ruen says yeah but I I'll pay for your hotel I'll put you up in the Four Seasons you'll have a station it'll be nice for you is shiman forced to go along with that the answer is no shiman can say you know what thank you very much I I appreciate your you're offering to build a new wall and you I appreciate your offering to put me up in a nice hotel but that's an inconvenience for me it's a disruption in my life and no I'm not obligated to accept this disruption just so you can have you know your building project and haa is going to back up shim okay but D says something very interesting from this we can come to the conclusion that were the scenario to be different where let's say ruven's able to do all that stuff for shim and let's say he wouldn't have to move let's say there would be no inconvenience to him it wouldn't bother him he wouldn't even know that it's going on in that case the Raam says we would would force Shimon to take that deal we would force him the courts would force him why because not to accept it is called Midas St the attributes of sto St is the biblical city of we call it in English Sodom and Gomorrah was known for being very cruel they were very stingy they did not by by policy they did not do anything to benefit anybody else so theam says to do something where one person will gain and the other person is not going to be damaged in he won't even be inconvenienced to refuse just to deny somebody else benefit even though it's not going to bother you in any way that's called mid and according to says we could force somebody to like in this case we could force shim to allow ruven to build the building uh in that way where ruven is saying I'm going to do everything that's going to offset any damage to you there will be no inconvenience no disruption and if that's really the case where there's not even an inconvenience to shim will force shim to go along with it because not to do so is called and the concludes and says is very interesting and so to any matter that one person benefits and the other person is not going to miss anything it's not even going to be inconvenient to him K the courts can force him to go along with that scenario fascinating Hala and just a general rule for life okay we'll see you for more tomorrow God willing