It is reported that a certain person bought land along the boundary of his fatherโs property. After some time the father died. When they came to divide the estate, this person said to his brothers: Give me my portion of the estate along my boundary. Rabba said: In a case such as this, the court compels people to refrain from conduct characteristic of Sodom. The court forces a person to waive his legal rights in order to prevent him from acting in a manner characteristic of the wicked city of Sodom. Since it makes no difference to the brothers which portion they receive since the parcels of land must be of equal value, whereas it matters to this brother that the area he receives should be adjacent to the land he already bought, the court forces the others to give this brother his portion along his boundary.
In a case such as this, one compels another to refrain from behavior characteristic of Sodom. We force a person to waive his legal rights in order to prevent him from acting in a manner characteristic of the wicked city of Sodom. If one denies another use of his possessions, even though he would incur no loss or damage by granting use of his property, his conduct is considered to be characteristic of Sodom. The courts may sometimes compel such a person to waive his legal rights.
The Gemara notes: We said this only in a case where the renter does not have any other grinding to do with the millstone and without the grinding that the renter does for the owner the mill will remain inoperative. However, if he has other grinding to do with the millstone, i.e., instead of grinding the ownerโs grain he can grind the grain of others for a fee and thereby pay money for his rental, in a case such as this one forces him to cease his conduct characteristic of Sodom and to pay his rental fee in the form of money.
The Gemara asks: What are the circumstances of this question? If we say that the case concerns a courtyard that does not stand to be rented out, i.e., if the squatter would not have lived there the owner would have kept it vacant, and the man squatting there is someone who would not have rented other living quarters because he has other lodgings available to him for free, then it is a case where this one, the squatter, does not derive benefit, and that one, the owner, does not suffer a loss; in that case certainly no payment is necessary. Rather, say that the discussion concerns a case of a courtyard that stands to be rented out, and the man squatting there would have rented other living quarters. If so, then this is a case where this one derives benefit and that one suffers a loss, and in that case he certainly must make payment. The dilemma was not with regard to either of these circumstances.
There are four types of character in human beings: One that says: โmine is mine, and yours is yoursโ: this is a commonplace type; and some say this is a sodom-type of character. [One that says:] โmine is yours and yours is mineโ: is an unlearned person (am haaretz); [One that says:] โmine is yours and yours is yoursโ is a pious person. [One that says:] โmine is mine, and yours is mineโ is a wicked person.
And there are some who say that is the temperament of Sodom: The thing is close to coming to the temperament of Sodom. As since he gets accustomed to this, he will not want to give benefit to his fellow - even with something that benefits his fellow and he does not [lose anything as a result]. And this was the temperament of Sodom. As they were intending to stop sojourners from among them, even though the land was broad-shouldered in front of them and they did not lack anything.
And even if the animal ate food in the public domain, if the animal derives benefit from eating anotherโs produce in the public domain, the owner pays for the benefit that it derives, just not for the full cost of the food.
The following rules apply when a person dwells in a courtyard belonging to a colleague without notifying him. If the courtyard is not usually rented out, he is not required to pay him rent. This applies even if the person who dwells within generally rents a dwelling, for one person is benefiting and the other is not suffering a loss.
If the courtyard is generally rented out, the person who dwells within must pay rent even though he does not usually rent a dwelling, because he is causing the owner a loss of income.
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