MISHNA: Partners who wished to make a partition [meḥitza] in a jointly owned courtyard build the wall for the partition in the middle of the courtyard. What is this wall fashioned from? In a place where it is customary to build such a wall with non-chiseled stone [gevil], or chiseled stone [gazit], or small bricks [kefisin], or large bricks [leveinim], they must build the wall with that material. Everything is in accordance with the regional custom.
The Gemara further suggests: Come and hear another proof that damage caused by sight is called damage from what is taught in a mishna (22a): One who desires to build a wall opposite the windows of a neighbor’s house must distance the wall four cubits from the windows, whether above, below, or opposite. And a baraita is taught with regard to that mishna: Concerning the requirement of a distance above, the wall must be high enough so that one cannot peer into the window and see into the window; concerning the requirement of a distance below, the wall must be low so that he will not be able to stand on top of it and see into the window; and concerning the requirement of a distance opposite, one must distance the wall from the windows so that it will not darken his neighbor’s house by blocking the light that enters the house through the window. This indicates that there is a concern about the damage caused by exposure to the gaze of others.
The verse says: “And God called unto Moses, and spoke unto him from within the Tent of Meeting, saying” (Leviticus 1:1). Why does the verse mention calling before speaking, and God did not speak to him at the outset? The Torah is teaching etiquette: A person should not say anything to another unless he calls him first. This supports the opinion of Rabbi Ḥanina, as Rabbi Ḥanina said: A person should not say anything to another unless he calls him first. With regard to the term concluding the verse: “Saying,” Rabbi Musya, grandson of Rabbi Masya, said in the name of Rabbi Musya the Great: From where is it derived with regard to one who tells another some matter, that it is incumbent upon the latter not to say it to others until the former explicitly says to him: Go and tell others? As it is stated: “And Adonai spoke to him from within the Tent of Meeting, saying [lemor].” Lemor is a contraction of lo emor, meaning: Do not say. One must be given permission before transmitting information.
On a similar note, the Gemara relates that Rav Kahana entered and lay beneath Rav’s bed. He heard Rav chatting and laughing with his wife, and seeing to his needs, i.e., having relations with her. Rav Kahana said to Rav: The mouth of Abba, Rav, is like one whom has never eaten a cooked dish, i.e., his behavior was lustful. Rav said to him: Kahana, you are here? Leave, as this is an undesirable mode of behavior. Rav Kahana said to him: It is Torah, and I must learn.
The Gemara cites an additional proof from a baraita: Come and hear: Great is human dignity, as it overrides a prohibition in the Torah. The Gemara asks: Why? Let us also say here: “There is neither wisdom, nor understanding, nor counsel against the Lord.” Rav bar Shaba interpreted this prohibition, which is overridden by human dignity, before Rav Kahana as referring to the prohibition of: “According to the Torah taught to you and the ruling handed down to you, you shall do, you shall not deviate to the left or the right from that which they tell you” (Deuteronomy 17:11). The Yeshiva students laughed at him, as the prohibition of “you shall not deviate” is by Torah law, like all other Torah prohibitions. Why should human dignity override it any more than any other Torah prohibition? Rav Kahana replied to them: A great man has spoken, do not laugh at him. The Sages based all rabbinic law on the prohibition of “you shall not deviate”; however, due to concern for human dignity, the Sages permitted suspension of rabbinic law in cases where the two collide. All rabbinic decrees are predicated on the mitzva in the Torah to heed the judges in each generation and to never stray from their words. Therefore, when the Sages suspend a decree in the interest of preserving human dignity, human dignity is overriding a Torah prohibition. In any case, it only overrides rabbinic decrees.