My new neighbor is a smoker, and wherever it is that he’s smoking, it blows into my house if I leave my bedroom window open. Do I have the right to ask him to stop or move somewhere else?

Answer:

Certainly in the summer, and whenever it is normal to leave the window open (this will usually apply in the winter, too, for it is always normal to sometimes open the window), you can demand that the neighbor smokes elsewhere.

‘Passive smoking’ is direct damage (giri dilei), and you have the right to prevent your neighbor from causing it, even if he is smoking in his own property.

By way of recommendation, it is of course preferable to ask politely than to make a halachic demand.

Tags: neighbor

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