Bar Metzra

Question:

Shalom and deeply appreciate your website and learning Torah from your esteemed Dayanim. I have two questions: 1. I own a commercial property in Jerusalem on the second floor. I want to sell the property, how do I fulfill Bar Matzra of offering it to my neighbors first and who arey neighbors ie on my floor, the whole building or the entire complex? 2. How would you recommend someone who is a novice to begin learning Dayanus and Choshen Mishpat l'maaseh for a businessman?

Answer:

Shalom and deeply appreciate your website and learning Torah from your esteemed Dayanim. I have two questions: 1. I own a commercial property in Jerusalem on the second floor. I want to sell the property, how do I fulfill Bar Metzra of offering it to my neighbors first and who are neighbours i.e. on my floor, the whole building or the entire complex? 2. How would you recommend someone who is a novice to begin learning Dayanus and Choshen Mishpat l'maaseh for a businessman?

Answer:

Hello,

1. The idea of giving precedence to a Bar Metzra, applies only to the apartments that are adjacent to the property you are selling. (Bar Metzra means, the one who shares a border.) The reasons is because is the person adjacent to you property buys it, he gains most because he can extend his property and have one big one instead of two smaller ones. Therefore, he is given precedence to buy the property. Owners in the building or complex do not have this priority.
2. For this question I would advise you to call the Bais of the Bais Din at 972-2- 502-3637, between 1:40- 3:30 Eretz Yisroel time, and speak to them about this.

Sources:

שולחן ערוך חושן משפט הלכות מצרנות סימן קעה סעיף ו

המוכר קרקעו לאחר, בין שמכרה הוא בין שמכר שלוחו בין שמכרו בית דין, יש לחבירו שהוא בצד המצר שלו ליתן דמים ללוקח ולסלק אותו;