19 Adar I 5763
Smoke from Jewish Neighbor
Hi, my neighbor smokes right outside our joint door in our apartment building. I’ve asked him to close the hallway door, but he just barks at me. The smoke gets in our eyes and throat, and when we leave clothes in our living room they smell like smoke. Can I bring him to rabbinical court to stop his smoke from making us sick?
HaRav Moshe Feinstein (Shu”t Iggrot Moshe Choshen Mishpat 2, 18) justifies the demand of people affected by cigarette smoke to force smokers to stop smoking in places where the smoke can reach them. If your neighbor is an observant Jew it is a good idea to take him to a Din Torah. There are many rabbis today, among them the Tzitz Eliezer (15,39; 17,22), who forbid smoking altogether.
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