Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The mishna (Bava Batra 20b) says that while neighbors can protest someone opening a store in their courtyard if it produces noise, among the things to which they cannot object is the noise of schoolchildren at a Torah school. The gemara says that an exception was made for schools due to the institution of Rabbi Yehoshua ben Gamla, who said that schools for children to learn Torah must be made in every town, and children should enroll in the schools from the age of six or seven. These ideas are accepted as halacha (Rambam, Sh’cheinim 6:12 and Shulchan Aruch, Choshen Mishpat 156:3).
Should the presence of a new mother change the situation? While the Rama (CM 156:2) says that one cannot prevent someone from making noise inside his own home, sick people who are harmed by the noise can protest. Thus, we see that sick people can prevent some forms of noise that others are not able to. However, most poskim (see Pitchei Choshen, Shechenim 15:(74)) say that this limitation does not apply to schools in which Torah is taught. Furthermore, if any new mother were able to protest, the idea of schools being able to exist throughout a town would effectively be uprooted, as, baruch Hashem, new mothers can be found in almost any location. Thus, pl would not have grounds for forcing def to move its operations.
The Nimukei Yosef (Bava Batra, 10b in the Rif’s pages) says that a Talmud Torah cannot be forced to move even if there are alternative locations where they can operate, including shuls. The Chatam Sofer (Bava Batra 21) explains that the implication of Rabbi Yehoshua ben Gamla’s institution is that the local populace must contribute to the ability of schools to exist, and this includes by allowing them to use residential areas without requiring them to search for alternatives.
P'ninat Mishpat (801)
Beit Din Eretz Hemda - Gazit
200 - P'ninat Mishpat: Late and Flawed Apartment
201 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
202 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
Load More
P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tishrei 5786
P'ninat Mishpat: Normalizing an Agreement that Becomes Absurd
based on ruling 83069 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 5785
P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part III
based on ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Nisan 5784
