Regarding the Din of Bar Metzra.
In my area I am trying to buy a house. The house i am trying to buy is attached to a friend of mine who says he has first rights.
What I say is that
#1) There is no house for sale in the neighborhood other then this house. According to the ohr zarooh says clearly that of course it’s not yashar that one should have a double-lot house and the other one have no house.
#2) I want to stress, i have been renting in the neighborhood for over 18 years and now got kicked out. My kids where brought up there and i was brought up here. How can it be yashor
#3) The reason that he wants a bigger house is that he can have his grandchildren visit and sleep over..
#4) The seller has a vested interest that i remain in the community and really doesn’t care if the neighbor packs his bags and leave. I add value to the community.
#5) I understand that we don’t pasken like Rabeinu Taam.. but my belief is that we pasken like the ohr zarooah who hold that it can’t be yashor that one person has big house and one can’t find anything.
Thank you,
Let me know.
Answer:
Please see Shulchan Aruch, Choshen Mishpat 175:51, in the Rema.
The Rema brings exactly your case, where one member of the town is in need of a place to live, and the neighbor just wants a bigger house, and rules (after citing a dispute) that in this case the principle of bar metzra dooes not apply.
Thus, although we don’t rule like Rabbeinu Tam, in this case there won’t be a halachah of bar metzra, and you can buy the house without concern for a prohibition.
Best wishes.
