Thursday, September 17, 2009

Disturbing Traffic

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The Mishna states: If a tree is leaning over the public domain, it must be cut so that a camel and its rider may pass by.

HaGaon Rav Yosef Shalom Elyashiv rules in reference to our Mishna demanding a tree’s owner to prune its branches that disturb public traffic that he is only required to cut branches up to the height of a camel with its rider. The current obligatory limit, however, is the minimal height demanded by government authorities for building bridges over roads.


Avi Lebowitz said...

It seems a little strange to require the shiur for a camel and rider to pass. when is the last time you saw a camel and rider in sha'arei chessed?

Avromi said...

thats why he says that it is up to the ordinances; not for the camel riders

Avi Lebowitz said...

oh - i misunderstood. But in truth the shiur of the mishna is for the average, not for everyone. for example, one would have to cut for an average camel and average size rider. One wouldn't have to compensate for the mi'ut. But i am sure that the city ordinances are set so that even under strange and uncommon circumstances their would be room to pass.