[Avodah] [Areivim] Fwd: moiser

[Yitzhak Grossman]

On Sat, 14 Mar 2009 20:31:53 +0000
Allan Engel <allan.engel at gmail.com> wrote [on Avodah, cited with
permission]:

> I meant to add, the Mishna Baba Basra 2/3 suggests that neighbours can
> prevent the opening of a store due to the noise of shoppers disturbing their
> sleep. Whether the 'chatzeir' mentioned in the mishna is analogous to an
> avenue in Boro Park is moot, but there could well be grounds for neighbours
> to object.

Note that the Sanzer Rav and the Pinsker Rav both argue that these
Halachos only apply to situations involving shared property, such as a
hazer or mavui, but not to the case of mere neighbors.

The Sanzer Rav:

"And that which MK"T has written that [the plaintiff] can protest
because of the noise, noone has ever had considered the possibility that
in such a case a neighbor may protest against his fellow who is neither
in the same hazer nor the same mavui, but a mere neighbor, that he can
say "I cannot sleep", and this is the custom in all Israel, that one
builds a house adjacent to his neighbor's and he constructs many
entrances within his property, and his neighbor cannot compel him and
claim that he is increasing the number of residents and that he
therefore cannot sleep"

Resp. Divre Haim HM I, end of #17:

http://hebrewbooks.org/pdfpager.aspx?req=914&pgnum=596

The Pinsker Rav:

Resp. Zekan Aharon II:137 (translation is left as an exercise for the
reader):

http://hebrewbooks.org/pdfpager.aspx?req=834&pgnum=229

Yitzhak
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