In Halacha, is it possible to claim (money) if a neighbour's noise disturbs my peace? (This would be a last resort if more friendly approaches did not resolve the problem.)
asked Mar 6, 2022 at 22:43
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Sort of similar: a child is killed for a loud noise that makes his parent deaf– Double AA ♦Commented Mar 6, 2022 at 22:55
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Might be interesting: haretzion.linnovate.co.il/en/talmud/seder-nezikin/…– ShmuelCommented Mar 6, 2022 at 23:16
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Bava Kamma 85b talks about paying damages for deafening someone. Are you talking only about annoying noises that cause no physical damage?– Maurice MizrahiCommented Mar 6, 2022 at 23:18
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This might help: jewishlink.news/features/34094-dangerous-simchas– Maurice MizrahiCommented Mar 6, 2022 at 23:19
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Only commenting in regard to living outside the land of Israel, the concept of trespass is determined according to the ruling authority in the land you live. In the U.S., for example, most local governmental authorities consider excessive sound in residential areas to be trespass. They define what is considered excessive sound according to decibel level and how far it travels beyond the boundaries of one’s property line. One can sue for trespass by an unwelcome person even within the Torah.– Yaacov DeaneCommented Mar 7, 2022 at 2:55
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1 Answer
The Mishnah says:
If a resident wants to open a store in his courtyard, his neighbor can protest to prevent him from doing so and say to him: I am unable to sleep due to the sound of people entering the store and the sound of people exiting. But one may fashion utensils in his house and go out and sell them in the market, despite the fact that he is not allowed to set up a store in the courtyard, and the neighbor cannot protest against him doing so and say to him: I am unable to sleep due to the sound of the hammer you use to fashion utensils, nor can he say: I cannot sleep due to the sound of the mill that you use to grind, nor can he say: I cannot sleep due to the sound of the children. It is permitted for one to make reasonable use of his own home. [Bava Batra 2:3]
Whether you are entitled to monetary compensation would have to be decided by a bet din.
If the noise is due to normal activity, you cannot complain about it. The Chazon Ish [Choshen Mishpat 13:11] ruled, in a specific case, that the noise of a baby waking up at night is not something the neighbor who complained about it can demand be stopped.
answered Mar 6, 2022 at 23:26
