Study Bava Batra folio 59B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
and the owner of the courtyard can protest its construction. If it protrudes less than a handbreadth, the owner of the house has no means to establish an acquired privilege for its use, and the owner of the courtyard cannot protest its construction.
Talmud: R' Asi says that R' Mani says, and some say that R' Ya’akov says that R' Mani says: If one established an acquired privilege with regard to a projection of a handbreadth, he has established an acquired privilege with regard to 4 handbreadths. The Talmud asks: What is he saying? Abaye said
The Mishnah teaches that if the projection protrudes less than a handbreadth the owner of the house has no means to establish an acquired privilege for its use, and the owner of the courtyard cannot protest. Rav Huna says: They taught only that the owner of the roof cannot protest the actions of the
The Talmud suggests: Shall we say that they disagree with regard to damage caused by sight? As one Sage, Rav Huna, holds that it is considered to be damage, and therefore the owner of the courtyard can protest, since the owner of the roof has the means to see into the other’s courtyard when using
The Talmud rejects this: No, everyone agrees that damage caused by sight is considered to be damage. And Rav Yehuda holds it is different here, as the owner of the roof can say to the owner of the courtyard: The projection is not suitable for use, since it is too small for me to stand upon and look