1.
Kol hánichnászim vehájocim miatt mindig lehet tiltakozni
Eladás és bérlés közötti chiluk (Remo)
The ruling on someone who goes to his friend's house and on someone who brings goods to another city. It contains seven sections: If one of the members of an unopened alleyway- there are those who say that one does not have the power to object in an alleyway and all these laws only apply to courtyards- was to become a doctor, craftsman, blood-letter, document scribe or non-Torah schoolteacher, the other members of the alleyway can object because additional people will be entering and exiting the courtyard. Even if every member of the alley would agree except for one, that one person may stop him. Similarly, if one owns a house in a courtyard-partnership, he may not rent to any of these individuals. To sell to such people, however, there are those who say it is permitted and the members of the alley will then litigate with the purchaser, provided, however, that he may not sell to a gentile who will not listen to the judgement.
2.
Kol hápátis – a négy fal között, miért más mint a nichnászim-jocim
Máchloket, hogy a négy fal között csak cházáká van, vagy eleve nem lehet tiltakozni (Remo)
A betegség mindig jó tájne
Neighbours in a courtyard can object to a store in the courtyard and say they cannot sleep because of the sound of the people entering and exiting. Rather, he must do his work in his store and sell in the market. They cannot, however, object and say we cannot sleep because of the sound of the hammer or mill once he has already established his behavior and they did not object. There are those who say that even initially one cannot object to what someone does in his own store and home. This is only applies to healthy individuals. If they are sick and the sound damages them, however, they may object.
3.
Tóratanítás és micvák – ezekre sosincs akadály (Szmá: 50 fő limit)
Similarly, one can teach Torah to Jewish children in his home and the neighbours cannot object and say we cannot sleep because of the sound of the children. The same applies to any mitzvah activities and the neighbours cannot object.
4.
Nichnászim-jocimra sosincs cházáká
If one member of an alleyway or courtyard become a craftsman and none of the others objected because he was already established, and people were entering and exiting and the other members were silent, he would not obtain any rights. The other members have the right at any time to say they cannot sleep because of the sound of people entering and existing, because this damage is like smoke and dust, which one cannot obtain rights to.
Members of an alleyway may force each other not to have among them a tailor, tanner or any other craftsman. If there was such a craftsman in the alleyway and no one objected, or if there was a bathhouse, store or mill and another member came and made another one opposite the existing one, the current owner cannot stop him and say he is cutting of his livelihood. Even if the new individual is from another alleyway, they cannot stop him because they already have that craftsman among them. There are many that say that in the case of a courtyard or an alleyway that is not open, they would be able to object, even in such a case. The craftsman himself, however, would not be able to object and say you are cutting off my livelihood. If one who lives in another country and wants to set up a store next to this store or a bathhouse next to this bathhouse, however, the members would be able to prevent him. If he pays government taxes with them, they would not be able to stop him. There are many who say that even in such a case he has no right to enter any alleyway that has people from his trade, because a member of that trade has the right to prevent him from entering since he is from another city. In the case of another alleyway, however, he cannot object because the new individual pays taxes. The people of the city have the right to object in all cases and say we cannot sleep because of the sound of people entering, notwithstanding the fact that they already have such a craftsman. If one did not yet pay taxes and now he wants to work and will pay taxes, there are those who say his fellow craftsman can stop him until he rents a house and becomes like a member of the city. There are those that say that one who gives the “king’s gift” is not considered to have paid taxes, until he gives taxes to the ruler of this particular city that has jurisdiction over them. In all these cases, there is no distinction between a scholar and others, other than in the case of peddlers which will be discussed shorty. There are those that say that if the people of the city need the scholar’s Torah, they cannot object, even if there is another scholar in the city because “the jealousy of scholars creates an increase in wisdom.” If a scholar brings his merchandise to the city, everyone is required to refrain from selling until the scholar sells his wares. If there is a gentile who is selling, so there will be no gain to the scholar, everyone is permitted to sell. See Yoreh Deah Siman 243. If one has a business arrangement with a gentile, there are those places that rule that others are prohibited from interfering with his livelihood and doing business with that gentile, and there are some places that do not rule that way. There are those who permit another Jew to go to that gentile to lend him, do business with him, bribe him and take property from him because a gentile’s property is considered ownerless. There are those who prohibit it. Even where a Jew regularly does work with a gentile, it would be prohibited for another Jew to compete and do the work at a cheaper price. If he wants to do it, we would rebuke him. Nevertheless, if he violated and did the work we would not remove the money from him. See later Siman 227. If two individuals live together and one wants to lend with interest to a gentile, the other cannot object. The same applies to anything similar. See later 228:18.
Tórai vagy rabbinikus a tilalom? Erősen rabbinikusnak hangzik, a hászágát gvul tórai koncepciójára szokták támasztani, de azt normálisan csak kárkára értjük.
Bőséges Talmudi Enciklopédia:
https://www.yeshiva.org.il/wiki/index.php/%D7%9E%D7%99%D7%A7%D7%A8%D7%95%D7%A4%D7%93%D7%99%D7%94_%D7%AA%D7%9C%D7%9E%D7%95%D7%93%D7%99%D7%AA:%D7%99%D7%95%D7%A8%D7%93_%D7%9C%D7%90%D7%95%D7%9E%D7%A0%D7%95%D7%AA_%D7%97%D7%91%D7%A8%D7%95
A Talmud joréd leumánuto-nak szokta nevezni, de furcsa: éppen a fő szugjában nem áll ez! Akkor hol áll? Neciv (Mésiv Dávár 2:9:6) hozza, a híres micva-minimalizáló-zsoltárból:
“Nor does evil to his neighbor”; this is referring to one who did not infringe upon another’s trade, constituting illegal competition.
Máhársá ezt így is érti, és a Tórára vonatkoztatja (lehalacha láttuk, hogy ez a szabály sem biankó):
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