Q. Reuven, a Ben Torah, unable to travel that day to his regular Kollel, decided instead to learn in his local Beis Midrash where he pays membership dues. He arrived on time for First Seder and sat in what looked like a vacant seat next to a wall, connected his computer to the electric socket, and began researching the sugya that he was learning.

An hour later, Shimon, a Talmid Chacham from a different city, who commutes daily to this Beis Midrash to serve as a Rosh Kollel for one of many Kollels using this Beis Midrash, whose Kollel pays to use space in this Beis Midrash, came into the Beis Midrash, and there are still seats vacant.

Shimon: Are you sitting here today?
Reuven: Yes. For First Seder.
Shimon: That is my seat, my Makom Kavua.
Reuven: That’s nice.
Reuven initially refuses to move.
Shimon: You are a little Mechutzaf.
Reuven, not wanting to cause a row in the Beis Midrash, moved to a vacant seat in front of that one, leaving his computer plugged in, after ascertaining that it would have remained vacant. As he moved, he tells Shimon:
Reuven: It is a little Mechutzaf to arrive an hour late and ask someone else to move.

Question #1: Should Reuven have immediately moved, or should Shimon have sat elsewhere?
Question #2: Who is a bigger Mechutzaf, Reuven or Shimon?

A. Horav Shlomo Miller’s Shlit”a opinion is that in principle, if you are sitting on a place and someone demands you give it up and sit somewhere else since this is his makom kavua, you may demand from him to prove his claim, given that you are the muchzak and have possession, as in any other property rights disagreement.
However, good middos and common sense should prevail, especially when engaged in learning Torah.in a Mokom Kodosh, where “Da Lifnei Mi Ato Omed” is of the essence.
Truthfully, the real winner and lesser “mechutzaf” is the one who shows to possess the best middos, nobility and refinement of character.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a