From the Ravs Desk: Shaalos & Teshuvos on Hasagas Gevul

Does the concept of Hasagas Gevul apply to a Chabad House? May one open a second Chabad house in the same city as a current one?^[1]

There are restrictions against opening a new Shul if this will infringe on the membership of another Shul in the vicinity, and the salary of its leaders.[2] Accordingly, there are restrictions against opening a new Beis Chabad if this will infringe on the income of another Beis Chabad in the vicinity.^[3]

The Rebbe on opening a new Beis Chabad which infringes a currently established Chabad house:^[4]

Free translation: It is possible for one to build a house of Torah, a Beis Chabad, but it will not be a place where Hashem dwells. How can this be? If the home is not built according to Shulchan Aruch, and transgresses the laws of Hasagas Gevul, as this home is a Mitzvah Haba Beaveira. Hasagas Gevul causes the victim to cry to Hashem against the fact that his income was infringed and the commotion he makes prevents the Shechina from dwelling in the others home. Its obvious that everything involved in establishing a Beis Chabad must be in accordance to Shulchan Aruch, Toras Moshe, without any infractions of Hasagas Gevul. So while we encourage the opening of many new Batei Chabad, it must be done with the sensitivity not to infringe on the territory of others. At the same time, however, we must make clear the following: There are matters to which Hasagas Gevul does not apply, such as teaching Torah and the like. Accordingly, we need to negate the mistake of the fools who cry foul play if another Jew desires to open a Beis Chabad due to the fact that he will steal his right of putting Tefillin onto people, or that he will diminish his honor and respect in the eyes of the public. Their foolishness is so great, that they don’t suffice with just shutting down the other person’s operations, but demands that he leave the city all together, thinking that the entire city and its suburbs all belong to him. Its obvious that regarding all the above, it must be given to a Rav to arbitrate according to Halacha, and the problems all begin when people take the law into their own hands and make their own rulings.

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[1] For the general rules of Hasagas Gevul, see: See the two opinions of Rav Huna and Rav Huna Brei Derav Yehoshua in Bava Basra 21b; Sanhedrin 81a “The intent of the verse which states that he did not defile his friends wife is to say that he did not infringe on another’s business.”; Makos 24a “The meaning of the verse that he did not do evil to his friend is that he did not infringe on another’s business.”; Rambam Hilchos Shechienim 6:8 [rules like Rav Huna son of Yehoshua, and so rules Rabbeinu Chananel and Tosafus]; Admur Hilchos Hefker and Hasagas Gevul 10-13; Michaber and Rama C.M. 156:5-7; Beis Yosef C.M. 156; Darkei Moshe 156:3; Shut Harama 10; Pischeiy Teshuvah 156:3; Chasam Sofer 5:79; Igros Moshe C.M. 1:38

[2] Igros Moshe C.M. 1:38; 2:40

[3] Hisvadyus 5747 2 p. 324-337

[4] Hisvadyus 5747 2 p. 324-337

Does the concept of Hasagas Gevul apply to a Kolel or Torah Shiurim? May one open a second Kolel or Mosad of Torah Shiurim in the same city as a current one?^[1]

There are restrictions against opening a new Shul if this will infringe on the membership of another Shul in the vicinity, and the salary of its leaders.[2] Accordingly, there may be restrictions against opening a new Kolel if this will infringe on the enrollment of another Kolel in the vicinity, and the salary of its staff or students.^[3]

The Rebbe on opening a new Kolel which infringes a currently established learning Mosad:^[4]

Free translation: It is obvious that a Kolel and more Torah classes, is a very proper endeavor. However, it is also obvious that:

• It has to be with agreement of the management of the current Chabad Mosdos that already exist in the area.
• It may not come at the expense, God forbid, of the destruction of an already established Torah institution within Chabad.
• There must be an established governing body which will oversee all the above, and have one person appointed to push the matter.
• All this is to be done with the agreement of at least the majority of the leaders of the community.

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[1] For the general rules of Hasagas Gevul, see: See the two opinions of Rav Huna and Rav Huna Brei Derav Yehoshua in Bava Basra 21b; Sanhedrin 81a “The intent of the verse which states that he did not defile his friends wife is to say that he did not infringe on another’s business.”; Makos 24a “The meaning of the verse that he did not do evil to his friend is that he did not infringe on another’s business.”; Rambam Hilchos Shechienim 6:8 [rules like Rav Huna son of Yehoshua, and so rules Rabbeinu Chananel and Tosafus]; Admur Hilchos Hefker and Hasagas Gevul 10-13; Michaber and Rama C.M. 156:5-7; Beis Yosef C.M. 156; Darkei Moshe 156:3; Shut Harama 10; Pischeiy Teshuvah 156:3; Chasam Sofer 5:79; Igros Moshe C.M. 1:38

[2] Igros Moshe C.M. 1:38; 2:40

[3] See Admur ibid Halacha 12 regarding if a Milameid may take the job of another Milameid; However, regarding opening a Talmud Torah, Yeshiva or Kolel, see Chazon Ish Emuna Ubitachon 3:1 that one may open a new Talmud Torah even if it causes the other Talmud Torah to close down. However, he may not try to cajole students from one Yeshiva to come to his Yeshiva. [Darkei Mishpat p. 167]

[4] Igros Kodesh 33 p. 375