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Is someone allowed to take produce that’s from over hanging tree into his yard

Question:

Can someone take produce from a neighbors overhanging tree ? I once heard yes but I want to double ck

Answer:

It is good you double checked it.

The produce belongs to the person where the truck is growing, and not the to the person whose airspace the branches are in. If however the neighbor is mochel it , then you can take the produce.

Have a good Shabbos

Sources:

Rema CH:M 167-2, Igros Moshe CH”M 43, Pischei Choshen -Nezikin 13 ftnt 91.

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