Business and Misc.Halachos of Bothering Neighbors

It is assur to open a business or perform actions on his property which bother his neighbors.

If one’s neighbor(s) protest that he may not open a business in his house because of the foot traffic it will bring to the street, it is nonetheless permitted in any of the following cases:

A.     If there is an established minhag that everyone does this type of activity in their house, it is permitted.

B.      If he lives on a busy street and it will not significantly impact the local traffic, it is permitted[1] ע"פ סמ"ע (קנו, א), אבל לא מבואר גדר זה שם. .

C.      If one wants to perform a mitzvah there. For example, one who wants to open a cheder, shul, or doctor’s office, is permitted to do so[2] קנו, ג .

D.     If it is not feasible (economically or for other reasons) to do this type of business anywhere else, it is permitted[3] פת"ש (קנו, א, בסוף) בשם מהרלב"ח . For example, one who wants to open a clothing store in their basement for three hours at night, is permitted to do so, as renting a storefront for a business like that is not economical.

However, if it is a quiet street, and there is no established custom, and there is no real reason it must be opened in his house, he may not open it; a Rav should be consulted.

If one’s household makes noise but it is from some regular part of life, such as a baby crying or a washing machine, the noise is permitted in any case[4] חזו"א (ב"ב יג, א) . Noise from some other activity, such as loud music, construction, or other loud activities are usually permitted, except in the following cases:

A.     If there is an ill person who is bothered by the noise, it is assur to bother him[5] רמ"א (קנו, ב) .

B.      Late at night, it is assur to make noise, because the average person would be “ill” without sleep.

In either of these cases, one may not make noise, even if he has been doing so for years without complaint[6] דלא מהני חזקה לזה, ע' נתיה"מ (חידושים סק"ז) .