“Get Your Building Off My Property Border”
A Moral Dilemma for the Shabbos Table
By Rabbi Yitzi Weiner
This week’s Torah portion talks about the mitzva not to steal another’s land (Devarim 19:14). This was commonly done by moving the land markers. This is called “Hasagas Gevul”. Our sages also use this term to refer to forbidden competition.
The following true story relates to a dispute about Hasagas Gevul.
There was a Jewish day school that built a new building. The building was beautiful and had several stories. There was a Jewish neighbor who lived adjacent to the school who did not like having a large school right next to his property.
After the building was completely done, the neighbor, using the original land registry plans, apprised the school principal of the fact that the entire length of new building extended over his property border for about a foot and a half.
He asked the school administration to destroy the part of the building that was over his property border.
The principal was aghast at this error. He offered instead to pay the neighbor for the land that they used. The neighbor asked them for a price that was 10 times the actual value used. He refused to settle for less.
The administration had a question regarding what they were allowed to do. Did they have to destroy the building? Would it be okay to pay the neighbor for the actual value of land that they used even though he doesn’t want to accept it.
What can they do?
See Chashukei Chemed Baba Basra page 223
Answer to last week’s moral dilemma
This question is discussed in Chashukei Chemed Baba Basra page 43
This question was asked to Rav Yosef Elyashiv. Rav Elyashiv answered that technically there would be no prohibition to cause the shul extension to be torn down because it was built without permission.
Nonetheless, the principals (the inspector and the shul administrators) should do whatever they can after the fact to get the proper permission and allow the extension to remain.
Have a very beautiful Shabbos!
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