Blocking a driveway/גזל שינה. Y park on the street when you have a driveway?

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  • #1818326

    Sammy48
    Participant

    In the latest Ami’s issue I read about someone blocking someone’s driveway overnight and when the owner got home he called the number displayed on the windshield and woke him up to move his vehicle.
    So that person’s wife was furious that the owner did so and she is fuming that it’s pure גזל שינה.
    My question is what is גזל שינה?
    Is it when someone actually woke up someone from his sleep? Or holding back someone from going to sleep because he blocked his driveway is also called גזל שינה?
    OR is it only גניבה that can be paid back casue גזל שינה can’t be paid back…..

    And In the same I wanna discuss the issue I see daily and it’s really upsetting, that people that own nice big driveways park overnight and sometimes for afew days on the street….
    Why should someone do that?
    You have a driveway park there.
    קניינעהרע every single day dozens of new cars are being added to our small Brooklyn street’s…. Any explanation???

    #1818617

    Gadolhadorah
    Participant

    Is it גזל שינה when the Rav klops on the bimah during an especially lengthy and boring dvar torah and wakes up one of the daveners who had fallen asleep?? In many cases, there is no such thing as גזל שינה since it is impossible to confirml what was the event or action that awakened the person and whether he/she already had adequate sleep.

    Likewise, public street parking is first come, first serve and if a homeowner had some reasons to keep his/her driveway clear , he/she is entitled to a street parking space as much as any Reuven/Rivkalah w/o their own driveway.

    #1818343

    Avi K
    Participant

    It beats breaking the window, releasing the emergency brake and pushing it out. Once someone blocked the main path *there was a roundabout way) from my apartment to the main road. I wrote in large letters בור ברשות הרבים ע’ בבא קמא דף כח עמ’ א and put the paper under his windshield wipers. End of problem.

    #1818345

    1
    Participant

    The street is public. Some people dont like having to back out of a driveway in dangerous brooklyn traffic.

    #1818948

    Many driveways are shared between adjacent houses and some pshara is made between the two owners about its use.

    #1818963

    yehudayona
    Participant

    1, if they don’t want to back out of their driveways, they should back in to their driveways.

    #1818978

    Joseph
    Participant

    Many driveways aren’t legal driveways.

    #1819009

    “So that person’s wife was furious that the owner did so and she is fuming that it’s pure גזל שינה. ”

    She should have a long talk with her husband asking why he blocked someone else’s driveway.

    #1819026

    Joseph
    Participant

    She’s not his Mashgiach.

    #1819080

    yaakov doe
    Participant

    I is against the law to park in a New York City driveway overnight. While on the books I have never heard of enforcement.

    #1819083

    ☕ DaasYochid ☕
    Participant

    I is against the law to park in a New York City driveway overnight. While on the books I have never heard of enforcement.

    That doesn’t make sense. Why would it be illegal to park overnight in your own driveway?

    #1819097

    Joseph
    Participant

    DY: Yaakov many 3 on the street in front of the driveway. But it is only illegal for someone other than the homeowner.

    #1819136

    chash
    Participant

    BTW.
    Gezel Sheina is a mussar vort, its a chisaron in V’ahavta l’reiacha K’mocha. It is not actual gezel. There is no mention of “gezel sheina” in the entire gemara or shulchan aruch.
    The understanding is that gezel is taking away something that belongs to someone else. Obviously sleep isnt something that is ‘being taken’. It is however a mussar vort. dont do something harmful to someone, especially when it cant be amended.

    #1819240

    yaakov doe
    Participant

    A driveway is meant to be used to drive into or out of a garage. There is also a “parking” pad which doesn’t lead to a garage. And of course there are numerous illegal curb cuts and illegal front lawn parking.
    I didn’t write the laws.

    #1819256

    Joseph
    Participant

    It’s a Mitzvah to park in front of an illegal curb cut as by doing so you’re making available an extra parking spot for the rabbim.

    #1819255

    Shtender Bender
    Participant

    No one can tell me how to arrange my furniture in my house, and my driveway is my personal property to use or not. The public street parking is for everyone and definitely for property tax payers would be fair to assume has a right to park versus a renter etc. While there’s no such law written to that effect, neither is there one demanding that owners must park in the driveway. During nice weather i like having my kids play in my driveway (my extended yard!)
    Regarding blocking a driveway, the person blocking is a Gonif of sorts, and definitely one lacking in Middos, totally inconsiderate, and shows a lack of civility. Seriously!

    #1819269

    ☕ DaasYochid ☕
    Participant

    DY: Yaakov many 3 on the street in front of the driveway. But it is only illegal for someone other than the homeowner.

    You can’t block someone’s driveway during the day either.

    #1819270

    ☕ DaasYochid ☕
    Participant

    I didn’t write the laws.

    You may be misunderstanding them.

    #1821362

    “Y park on the street when you have a driveway”? So the driveway is available for aides/therapists assisting family members.

    #1821709

    Reb Yid 613
    Participant

    @chash
    <i>”BTW.
    There is no mention of “gezel sheina” in the entire gemara or shulchan aruch.” </i>
    If you are not holding in Shulchan Aruch and all the ‘Gemaras’, please do not act like you are holding in shas and poskim, since it may be Chanifa!!!!! Since it is brought in the in Rashba Bava Basra perek Lo Yachpor, the Concept of ‘Mazik Sheina’!!! And as The first rabeinu yonah in Pikei avot states “that even though the Isur of Mazik is not written Mefurash in the Torah however it is Poshut that it is included in the Isur of Gezel. see also Tur סימן שע”ח, that writes that just like it is forbidden to steal so to it is forbiden to be Mazik. see bach there!!!!!

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