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Limits On One's Private Property, Including; It Is Permissible To Erect A Succah In The Middle Of The Night

The Shulchan Aruch (Choshen Mishpat 156) discusses the laws concerning activities performed in one's private property that affect his neighbors. Halacha allows one to perform any activity in his property that is deemed normal and standard behavior, and neighbors do not have the right to interfere. Activities that are outside the range of standard conduct, however, may not be performed if they disturb one's neighbors, even if one performs these activities in his own property.

We present here three specific examples that have been addressed by the Poskim (authorities of Halacha) regarding this rule:

1) The Taz (commentary to the Shulchan Aruch by Rabbi David Halevi, Poland, 1586-1667) permits running a Torah learning program for children on one's property, even though it disturbs the neighbors. Since this constitutes a Mitzva, it is allowed despite the disturbance entailed.

2) The question arose concerning an individual who had neglected to build his Succah and wishes to do so on the night of Erev Succot, since he must go to work on Erev Succot itself. The response was that Halacha forbids this individual from building his Succah late at night, when the noise would disrupt the neighbors' sleep. Since building a Succah does not itself constitute a Mitzva – the Mitzva is to reside in the Succah, not to build it – even the Taz would agree that one may not build his Succah late at night if it will interfere with the neighbors' sleep. Doing so violates the prohibition of Gezel Sheina – "stealing sleep" – and the neighbors therefore reserve the right to protest.

3) Another case involved a person who would feed all the cats in the area. This resulted in scores of cats assembling near his house at different points during the day, which caused the neighbors considerable inconvenience. The man argued that since he fed the cats on his own property, the neighbors had no right to object. According to Halacha, however, the neighbors were indeed entitled to demand that he stop feeding the cats. This is deemed abnormal and unconventional activity, and is thus forbidden if it disturbs one's neighbors.

In light of this Halacha, there is perhaps room to consider the permissibility of installing loud alarms in one's home or car. These alarms are generally very sensitive and at times are sounded late at night, when it disturbs the neighbors. If the owner of the home or car is away, the alarm can sound for a considerable amount of time and be quite a nuisance. The status of alarms with respect to this Halacha would thus require further analysis.

In general, one must exercise care even in his own property to ensure that he does not disturb his neighbors. Disturbing people's sleep is the most grievous form of theft, in that one can never return the lost time. It therefore behooves each of us to respect the needs and concerns of our neighbors and refrain from making noise at times when people generally sleep.

Summary: One may not perform in his property an abnormal activity that disturbs his neighbors. For example, one may not build his Succah late at night, when the noise will disrupt his neighbors' sleep, or feed the local cats such that they create a nuisance in the neighborhood. One may run a Torah school in his property even if the neighbors find it disturbing.

 


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