May One Make a Window in His House That Overlooks His Neighbor’s Yard?

Rav Shmuel Honigwachs

Question: Reuven is making an extension to his house. After the extension is complete, the house will have a window that overlooks his neighbor’s backyard. Is that permitted? 

Answer: The Mishnah and Gemara in Bava Basra discuss the concept of “hezek riya” (infringing on someone’s privacy). It is stated that it is forbidden to open up a window that faces somebody else’s yard. The question that contemporary Poskim discuss is whether the backyards of today are comparable to the a “chatzer” of the times of the Gemara. In those times, a chatzer was used for private matters. Accordingly, since it is likely that someone is doing something private in his chatzer, one may not open a window facing that place. Some Poskim, theorize that today’s yards are not used for such private things and, therefore, are not subject to the laws of hezek riya. There does not seem to be a strong basis for that opinion; however, the Poskim say that if one has another consideration that would permit him to open a window, he can combine that with this opinion in order to permit it. In the situation in question, however, it seems that making this window would not be allowed.