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May One Open a Window Into a Neighbor’s Yard That Is Anyway Visible from The Street? 

Rav Shmuel Honigwachs

Question: We previously said that in typical circumstances one should not open a window that allows him to see into a neighbor’s yard. What if the yard is already visible to a public area? For example, what if someone lives on a corner and his backyard faces the street? In such a case, if I live next door would I be permitted to open a new window that faces his yard since it is visible from the street anyway? 

Answer: I haven’t seen this specific case discussed by Poskim, but the Gemara discusses a case where there is a street between two properties and says that it would be permitted to open a window overlooking the yards. One would assume that the same would be true in the situation in question. Since the yard is open to the street regardless and anyone walking on the street can see into the yard, the same consideration would apply and it would be permitted to open a window that faces the yard. 

We can also take into consideration the opinion that the yards of today are not like the courtyards of the past which were used for more private matters, and therefore, one can be lenient in this case.

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