Bava Batra 2B

נתיאש הימנה ולא גדרה ⁠– הרי זה קידש, וחייב באחריותה.

If the owner of the vineyard neglected to make the necessary repairs and did not properly build a partition between the fields, the grain and grapes are rendered forbidden due to the prohibition of diverse kinds planted in a vineyard, and he is liable for the monetary loss. He must compensate the owner of the grain for the damage suffered, as it is the vineyard owner’s fault that deriving benefit from the grain is now prohibited.

טעמא דרצו, הא לא רצו ⁠– אין מחייבין אותו; אלמא היזק ראיה לאו שמיה היזק.

According to the understanding that the term meḥitza means a partition, one can infer: The reason that they build a wall is that they both wished to make a partition in their jointly owned courtyard. But if they did not both wish to do so, the court does not obligate the reluctant partner to build such a wall, although his neighbor objects to the fact that the partner can see what he is doing in his courtyard. Apparently, it may be concluded that damage caused by sight, that is, the discomfort suffered by someone because he is exposed to the gaze of others while he is in his own private domain, is not called damage.

ואימא ״מחיצה״⁠ – פלוגתא, כדכתיב: ״ותהי מחצת העדה״; וכיון דרצו ⁠– בונין את הכותל בעל כרחו, אלמא היזק ראיה שמיה היזק!

The Talmud objects to this conclusion: But say that the term meḥitza used in the Mishnah means a division, as it is written: “And the division of [meḥetzat] the congregation was” (Numbers 31:43), referring to the half of the spoil that belonged to the entire congregation. According to this interpretation the Mishnah means: Since they wished to divide the jointly owned courtyard, they build a proper wall in the center even against the will of one of the partners. Apparently, it may be concluded that damage caused by sight is called damage.