Q: I want to open a window facing my neighbor’s window; he wants to restrain me on account of privacy rights. Who’s right?

A: One of the neighborly rights is that of privacy. The Sages prohibited opening a window overlooking another person’s courtyard, since this limits the other person’s ability to use his courtyard for personal matters (hezek re’iah). They also prohibited opening a window or door directly across from another’s window or door, even if with consent, to ensure privacy. They even prohibited widening an existing window (C.M. 154:3-6; Pischei Choshen, Nezikin 14:[1]). Nowadays, the practice is not to limit this behavior, for a number of reasons. Some explain that the Sages prohibited the opening only if directly opposite, but not if slightly to the side or higher. Others note that usually there is an entrance hall behind the door, where people generally do not engage in activities requiring privacy (Pischei Choshen, Nezikin 14:2). Additionally, in the times of Chazal, doors and windows generally remained open, unlike nowadays, when doors are usually closed and windows have shades (Emek Hamishpat, Hilchos Shecheinim #10). Even so, one must respect others’ privacy and avoid looking through their windows (Rema 154:3, 7; Sma 154:14).