Q&A from the Bais HaVaad Halacha Hotline

The Winter War

February 5, 2026

Q I paid for the snow to be cleared from my driveway, but the crew mistakenly cleared my neighbor’s driveway instead. My neighbor wants to use his clean driveway and reimburse me, but I’d prefer to waive the charge, park in his clean driveway, and have him park in my snowy one. Who is in the right?

A You have no claim to use your neighbor’s driveway, despite having paid for its cleaning. Though he didn’t request the snow removal, he owes you for the service, because he benefits from it. But he retains the rights to his property (see Bava Kama 20b).

Even if he refuses to reimburse you, you do not have the right to use his property, though he owes you the money. Additionally, such use might violate ribbis, as you would be taking more than he owes you (Bava Metzia 65a).

If your neighbor has other parking options, he didn’t benefit from the snow removal, so he owes you nothing (see Bava Kama ibid.). If he was planning to shovel his driveway himself or to have his children do it, he owes you a minimal amount (see C.M. 375:4).

Q I live in an apartment complex with a shared parking lot. If I spent hours shoveling out a spot, is it mine?

A If Reuven is pulling into a parking space and Shimon cuts him off and takes it, it is a case of ani hamehapeich bechararah (a poor man trying to take possession of a cake; Kidushin 59a): If someone is investing effort into acquiring an object, it is forbidden for someone else to usurp him. By clearing the snow, you become a mehapeich for as long as your shoveling effort remains effective (i.e., until the snow melts or more snow falls), so no one can take the spot. Still, your neighbors can redeem the space by compensating you for your effort; if they do so, you lose your exclusivity.