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Baba Basra 3:5-6

Baba Basra 3:5

The following may or may not be subject to the rule of chazaka: If a person tended to keep his animal in the courtyard, or an oven, a stove or a handmill, or if he raised chickens or kept manure in the courtyard, it is not a chazaka. If he made a partition ten handbreadths tall (about 30”) for the animal, oven, stove or handmill, or if he brought his chickens into the house or made a place for his manure that was raised or lowered three handbreadths (about nine inches), then it is a chazaka.

Baba Basra 3:6

There is no chazaka regarding rain gutters but there is regarding the place where they deposit the water. A gutter that runs around a roof is subject to a chazaka. An Egyptian ladder (which is temporary) is not subject to a chazaka but a Tyrian ladder (which is a permanent structure) is. An Egyptian window (which is small) is not subject to a chazaka but a Tyrian window (which is large) is. An Egyptian window is one through which a person's head cannot pass. Rabbi Yehuda says that if a window has a frame, it is subject to chazaka even if a person's head cannot fit through it. A projection that extends at least a fist into another’s space is subject to chazaka and the adjacent neighbor can object to it; less than a fist, it is not subject to chazaka and the neighbor cannot object.

Author: Rabbi Jack Abramowitz