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1) CHAZAKAH FOR A GUTTERPIPE (cont.)

(a) Question (Mishnah): One gets a Chazakah for a Mazchilah.

1. We understand according to the first two opinions (the neighbor cannot ask him to alter the Mazchilah);
2. According to R. Yirmeyah, why can't the neighbor build on his property under the Mazchilah?!

(b) Answer: The case is, it is a stone Mazchilah; building underneath it might make it break.
(c) (Rav Yehudah and R. Oshaya): If Reuven's pipe drips water into Shimon's Chatzer, Reuven may not close it;

1. Just as Reuven acquired the right to have water from his roof drip there, Shimon acquired the right to receive the water.

(d) (R. Chama): Reuven may close it.
(e) R. Bisa settled the issue - he may not close it.

1. "Veha'Chut ha'Meshulash Lo vi'Mherah Yinasek" - R. Oshaya was the son of R. Chama, who was the son of R. Bisa (after three generations of Chachamim, Torah will never leave the family).

(a) (Mishnah): One does not get a Chazakah for a Mitzri ladder.
(b) Question: What is considered a Miztri ladder?
(c) Answer (D'vei R. Yanai): One with less than four rungs.
(d) (Mishnah): One does not get a Chazakah for a Mitzri window...
(e) Question: Why did the Mishnah explain what is a Mitzri window, but not regarding a Mitzri ladder?
(f) Answer: The Tana had to explain the window, to teach R. Yehudah's opinion.
(g) (R. Zeira): If Reuven's (Rashbam - Tzuri; R. Tam - Miztri) window is less than four Amos above the ground, he gets a Chazakah, the neighbor can protest (before Reuven gets a Chazakah);

1. If it is more than four Amos above the ground, he does not get a Chazakah, the neighbor cannot protest.

(h) (R. Ila'i): Even if it is higher than four Amos, he gets a Chazakah, the neighbor can protest.
(i) Suggestion: They argue whether or not Kofin Al Midas Sedom (we force a person to let another person benefit, if he himself will not lose): R. Zeira holds that we force, R. Ila'i holds that we do not.
(j) Rejection: No, all agree that Kofin Al Midas Sedom;

1. This case is different, for sometimes Reuven stands on a bench and sees through the window.

(k) Levi came before R. Ami (to request to build a window above four Amos, against his neighbor's protest); R. Ami sent him to R. Aba bar Mamal, and instructed R. Aba to forbid him, like R. Ila'i.
(l) (Shmuel): A window made for light (is surely meant to be permanent), it gets a Chazakah regardless of its size.

(a) Version #1 - Rashbam, Tosfos - (Mishnah): A ledge extending from Reuven's wall into Shimon's Chatzer: if it is at least a Tefach, it gets a Chazakah (after three years), and he can protest (Shimon, within three years; Tosfos - and after three years, Reuven can protest to stop Shimon from using it).
(b) Version #2 - Rambam - (Mishnah): A ledge extending from Reuven's wall into Shimon's Chatzer: if it is at least a Tefach, it gets a Chazakah (if Shimon does not protest immediately), and he can protest (Reuven can stop Shimon from building under it within 10 Tefachim.

1. If it is less than a Tefach, it does not get a Chazakah, he cannot protest.

(c) (Gemara - R. Asi): If Reuven got a Chazakah for a Tefach, this is a Chazakah for four.
(d) Question: What does this mean?
(e) Answer (Abaye): If Reuven got a Chazakah for a ledge a Tefach wide for the length of at least four Tefachim, this is a Chazakah to widen the ledge to four Tefachim.
(f) (Mishnah): If it is less than a Tefach, it does not get a Chazakah, he cannot protest.
(g) (Rav Huna): This means, Reuven cannot protest if Shimon wants to hang things from it (because this does not damage Reuven, Shimon can always demand that Reuven remove the ledge), but Shimon can protest against Reuven having it.
(h) (Rav Yehudah): Also Shimon cannot protest.
(i) Suggestion: They argue whether loss of privacy is considered damage.
(j) Rejection: No, all agree that it is considered damage;

1. Rav Yehudah says that Reuven can say, it is only useful for hanging things - I will look the other way!
2. Rav Huna says, Shimon can object, you could always look and claim that you were afraid of falling.

(a) (Mishnah): Reuven may not open a window into a jointly owned Chatzer;
(b) If he bought a house in another Chatzer, he may not make an entrance to the (joint) Chatzer;
(c) If he built a second story onto his house, he may not make an entrance to the Chatzer;

1. He may add an interior room or a second story onto his house, and make the entrance to his house.

(d) (Gemara) Question: Why does the Mishnah teach (the first) law regarding a jointly owned Chatzer - the same applies to a private Chatzer!
(e) Answer: The Mishnah teaches a bigger Chidush:
(f) Not only can he not open to a private Chatzer, but even to a Chatzer in which he is a partner;

1. One might have thought, he can tell them, even without the window you do not have privacy;
2. The Mishnah teaches, this is not so - the window decreases their privacy even in their houses.

(g) (Beraisa): A case occurred, Reuven opened a window into a joint Chatzer.

1. R. Yishmael b'Rebbi Yosi: This makes a Chazakah.
2. R. Chiya: You must close the window (if they object, since you do not yet have three years of Chazakah).

(h) (Rav Nachman): If Shimon built a wall blocking light from entering Levi's window (even if the window was there for three years), Shimon is immediately Muchzak;

1. If Levi was truly Muchzak in his window, he would never allow someone to block it.