96 Mark Washofsky

Adret(Rashba), who sharply criticized a communal minhag (custom) to waive hezek r'iyah:*>“This would be an erroneous custom, one without legal force. Individuals are entitled to waive monetary damages to which they would normally be entitled, but one is not entitled to violate the bounds of proper Jewish behavior and to act immodestly(shelo lin’hog b’tzniyut), thereby causing the Divine Presence to depart from Israel .”

An interesting question emerging from this discussion concerns hezek sh’'miyah, damages resulting from overhearing. Is a homeowner entitled to require his neighbor to undertake repairs or improvements that would prevent the neighbor from hearing sounds and conversations emanating from the homeowners domain? R. Menachem Hameiri answers“no,” because“most

persons(stam b’nei adam) are discreet when speaking.” That is to say, the average person takes care not to speak too loudly, since he has no reasonable expectation that his voice will not penetrate the relatively thin walls and partitions that separate his living space

from that of his neighbor. Thus, when he raises his voice, he accepts the responsibility for being overheard. This conclusion suggests the possibility that the halakhah would differ in communities where people are customarily not so“discreet” in their speaking or in cases where a neighbor employs an electronic device to listen in on a conversation in which the speakers have no reason to imagine they are being overheard.”

3) The edict(takanah; cherem) attributed to R. Gershom b. Yehudah,“the Light of the Exile”(d. 1028) imposing a penalty upon one who“reads a letter intended for another person,” unless the letter had previously been discarded.®® The 19"-century Turkish authority R. Chaim Palache suggested five possible reasons(ta‘amim) behind the edict:“love your neighbor as yourself”(Leviticus 19:18) or Hillel ’s“golden rule”(“what is hateful to you, do not do to your fellow,” B. Shabbat 31a); the prohibition against tale-bearing(Leviticus 19:16); the prohibition against deceptive behavior(g'neivat da’at);” the prohibition