Q. (Re- question 2057 above). On a second but connected question. Can Shimon have a claim that Reuven made his property go down in value. Let's say Shimon had an offer on his house for $500k but after Reuven got permission to build that buyer backed out and will now offer on $400k. Is that a valid claim? If not for actual money compensation but can Shimon insist on Reuven doing somethings such as planting trees or other stuff that will minimize the loss (and quality of life change) to Shimon? Some of these changes won't cost Reuven anything while others will. Is there a difference between in if it costs Reuven money or not? The ones that do cost money will be less then the loss of value that Shimon is having on his property. Thank you
A. Horav Shlomo Miller's Shlita opinion is that the mentioned loss of the property value does not even qualify as a "gromo" or indirect causative damage, that in Halacha cannot be collected anyway. This is due to the fact that the value of real estate is determined by many different unrelated and ever-changing factors.
Kehilos Ya’akov (Baba Basra 5) explains that chezek reiah or damage done by gawking or staring into someones property involves three different issues; damage done to the individual, to his property and the prohibition of inflicting pain or embarrassment. (See Shulchan Aruch C. M. 154). Beis Din should indeed establish if and how it applies and what is the right course to follow.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Important Numbers
