The Bergers lived in an apartment house on the fifth floor, facing the back. Opposite their door lived the Appels, with a porch overlooking the street.
The Bergers were interested in purchasing a 9-foot-long couch.
“Do you have delivery access to your apartment?” asked the seller. “This couch will not fit in the elevator, and might not go through the stairwell.”
“We face the back,” replied Mr. Berger. “However, our neighbor has a porch overlooking the street. If he agrees, you could hoist the couch to his porch and carry it straight though his apartment into ours.”
“Check with him,” said the seller. “We have full insurance if we should damage something in the transport.”
Mr. Berger approached Mr. Appel. “We plan to order a 9-foot-long couch,” he said. “The only realistic way to get it into our apartment is through your porch. Do you have a problem with that?”
“I’ll talk with my wife and let you know,” replied Mr. Appel.
A few days later, Mr. Appel said, “We’re not comfortable with the idea. The mover might break something, and we would have to push some of our furniture aside to clear the way.”
“The company has insurance to cover any loss,” said Mr. Berger. “I’ve also been in your apartment numerous times, and it does not require moving much furniture. Nonetheless, we value you as neighbors and respect your position. We’ll have to order something else.” There was clear disappointment in his voice.
On his way home from work, Mr. Appel pondered the issue. “I sense that Mr. Berger is really disappointed,” he said to himself. “Is it right of us to refuse him?”
Mr. Appel called Rabbi Dayan and asked, “Are we required to allow the Bergers to move the couch through our apartment?”
“The Gemara (Kesubos 103a; B.B. 12b) teaches that kofin al midas Sodom,” replied Rabbi Dayan. “We require A to enable B to gain when there is no loss to A.”
The trait of Sodom was the exaggerated application of ‘What is mine is mine; what is yours is yours.’ (Pirkei Avos 5:10). There was no concern for the other, as Yechezkel (16:49) rebuked: ‘This was the sin of Sodom… sated with bread… but she did not hold the hand of the poor and impoverished.’
Am Yisrael, in contrast, is hallmarked as being ‘compassionate, bashful, and granting of kindness’ (Yevamos 79a). Thus, we require A to enable B to gain, when there will be no loss to A (see Pischei Choshen, Geneivah 1:1).
For example, A rented a mill from B, agreeing to mill 100 bushels of grain for B in lieu of rental payment, but B no longer needs grain milled and asks for cash rental payment instead. If A has ample alternate customers to mill for, we require A to pay the cash equivalent of milling 100 bushels, since B thereby gains with no loss to A (C.M. 318:1).
Nonetheless, where there is even slight concern of loss to A, we do not require him to accommodate B. Some suggest that if B agrees to cover whatever loss occurs, we do require A to accommodate him (B.B. 59a; C.M. 154:6; Ketzos 154:1; Nesivos 154:1).
There is a dispute between the Rishonim whether kofin al midas Sodom applies where A could potentially gain by demanding a fee from B for use of his property or relinquishing his rights in it, even though A faces no potential loss, such as when dissolving a partnership in two equivalent fields, and B requests the field adjacent to his other assets (B.B. 12b; Mordechai B.K. #16; C.M. 174:1).
Moreover, where there is toil for A, we do not require him to accommodate B (B.B. 7a-b; C.M. 164:2).
Nonetheless, even when A is not required to accommodate B, it is appropriate lifnim mishuras hadin to do so when there is no real concern of loss or significant toil (Pischei Teshuvah 173:3).
“Thus,” concluded Rabbi Dayan, “if you have concern of loss or toil, you are not required to allow transport through your apartment, but you should accommodate if there is no real concern.”
Verdict: When there is no concern of loss or toil to A, he is required to enable B to gain (kofin al midas Sodom). When there is concern, A is not required, but it is appropriate lifnim mishuras hadin to accommodate B when the concern is minimal.
