May these words of Torah serve as a merit le’iluy nishmat Menachem Mendel ben Harav Yoel David Balk, a”h.
This week we learned Bava Batra 60. Here are some highlights.
Bava Batra 60: Practical application of the halachot mandating privacy:
Respecting privacy brings the Divine presence. Hashem enters a courtyard where the members respect each other’s space and do not pry and gaze at each other. Our daf teaches that if you own a home in a courtyard you may not break a wall and open a window to the courtyard. Rav Yochanan explained the source for the law. When Bila’am sought to curse the Jewish nation he saw how the tents were arranged. No entrance faced the door of his friend. Bila’am was deeply inspired. He declared that as a result of giving each family privacy, the Jews deserved the Divine presence in their midst.
Siddur Hagra has an amazing commentary to the confessional prayer where we admit to the sin of theft. “A person should not think, ‘I never stole. My business is honest.’ The laws of theft are like mountains hanging on a thread. It is easy to make mistakes about the laws of theft… Even looking through a friend’s window and observing his actions is theft, and even pouring water near the wall of a neighbor is an aspect of stealing.”
Kehillot Yaakov (Siman 5) explained that invasion of privacy, hezek re’iya, can be a source of causing physical pain. Anyone who looks in his friend’s courtyard while his friend is doing private things and causes his friend shame is physically harming another Jew. All agree that it is prohibited to shame and pain another person.
Sometimes an ambulance is called to take a person to the hospital. Young kids often gather around to gawk and stare. Such behavior is wrong. It is an invasion of privacy. It will cause the Divine presence to exit the neighborhood. The person who needs the ambulance might be seriously ill. He might be hurt and endangered by the gawking. Our Gemara teaches that a person may not open an opening that will lead him to look at the communal courtyard. Certainly then one may not look at a sick person. Our Sages permitted a lot to help a sick man calm down. Certainly, they do not allow staring and looking, which might cause distress and pain.
If people are concerned about the welfare of the patient they should not look at the ambulance and the person. Rather, they should turn away and recite Psalms. Prayer for the person can actually really help him. It is a great mitzvah to move the crowd away from the ambulance and the patient.
Another practical application of the law mandating privacy relates to mail. We each must give our neighbors space and privacy. Kolbo (Siman 116) writes that Rabbeinu Gershom instituted a ban of excommunication on anyone who reads the mail of his friend without his friend’s permission and knowledge. Be’er Hagola (Yoreh Dei’ah 334) also records that Rabbeinu Gershom legislated that one may not look at the writings of a friend without his permission unless the friend discarded the note and thereby broadcasted that he was no longer trying to keep its contents private. (Chashukei Chemed)
By Rabbi Zev Reichman
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.
