Q&A: Drumming noise from a neighbor in a shared residential building
Drumming noise from a neighbor in a shared residential building
Question
Hello and blessings,
According to Jewish law, is it permissible to play drums in a shared residential building in a way that disturbs the neighbors?
Or is that considered a normal use of an apartment, and the complaining neighbor can just “go jump”…
Answer
That is not a normal use of an apartment. Definitely not. Loud music is one of the categories of damage caused between neighbors. Incidentally, the law also forbids this, and from that angle too it is halakhically forbidden.
Discussion on Answer
A, C. Noise from a neighbor is damage in every respect. This is explicit in the Talmud and in Jewish law. See a summary, for example, here: https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.daat.ac.il/daat/vl/byakov/byakov2038.pdf&ved=2ahUKEwj2lMX4sr7zAhWQ-6QKHcXCAcMQFnoECAQQAQ&usg=AOvVaw3DRxIW_YoeOAqRMa1P87GL
If halakhic sources have an effect on him, that is a good way to start a dialogue.
You can also consult the Association for Housing Culture. I think they advise and provide guidance on matters like these. Is there a house committee? They may get a better response.
B. There are noise-measuring devices, and you can rent one or obtain one in order to document the noise and file a complaint. Search online for information. If you have documentation, you can definitely complain and call the police. True, our police don’t function all that well, but it’s worth trying. You don’t have to start with court.
More power to you!
Thank you for the answer. Since I am asking from the perspective of the suffering neighbor, I wanted to know –
A. Are there halakhic sources that can be presented to the drumming neighbor showing that this is not a normal use of an apartment shared by co-owners?
B. As for the law, there is an interesting situation. Drums are forbidden under what the law calls “unreasonable noise,” which is prohibited at all hours of the day. It even becomes a criminal offense. But this can only be determined in court after an expert opinion is presented to the court regarding the decibel level of the drums / the noise. As long as we have not reached court, the police will not intervene. Similar to “the burden of proof rests on the claimant.”
C. One could ask why go to court rather than first try to talk with the neighbor. But that’s the problem: the neighbor is stubborn and doesn’t really understand what the issue is. Maybe you have some advice for how to open a dialogue?