From the Rav’s Desk: May I Ask My Neighbor to Quiet Their Crying Baby or Move Them to Another Room?

May I Ask My Neighbor to Quiet Their Crying Baby or Move Them to Another Room?

Question:

My downstairs neighbors have a baby who cries loudly, especially at night. It’s been affecting my sleep and peace at home. Can I ask them to move the baby to a different room, keep their windows closed, or even request that they move out? Is there any legal or halachic basis for making such a demand?

Answer:

While it’s understandable that the noise from a crying baby can be disruptive, you do not have the right—legally or halachically—to demand that your neighbor quiet their baby, move them to another room, or relocate entirely. From a halachic perspective, the cries of a baby are considered a natural and unavoidable part of life. A baby crying is not considered a form of intentional disturbance or negligence. Likewise, from a legal standpoint, most jurisdictions recognize that babies cry and that this is not grounds for eviction or forced relocation. Noise ordinances typically do not apply to normal household sounds like infant crying. Instead of confrontation, consider soundproofing your space (e.g., white noise machines, window insulation) and having a respectful conversation with your neighbor to express your concerns empathetically.

Explanation:

In halacha, there is a nuanced discussion regarding noise disturbances between neighbors. The Shulchan Aruch (Choshen Mishpat) and its commentaries address whether one can prevent a neighbor from making noise within their own home.

• The Mechaber (Rabbi Yosef Karo) rules that neighbors can protest and prevent another resident from making disruptive noises in their home—such as practicing drumming—if it causes discomfort to others.
• The Rema (Rabbi Moshe Isserles) disagrees and holds that a person cannot be prevented from engaging in normal activities within their own home, even if it causes noise to others, unless the noise causes harm to someone who is ill as rules the Rivash, in which case the neighbors may indeed protest and demand that the noise be stopped—even if it originates from within the neighbor’s private home.

Based on this, later poskim have ruled that since many people are sensitive to noise during rest hours (especially during nighttime or afternoon naps), they are considered halachically similar to someone who is ill or an istinis (a person with heightened sensitivity). Therefore, making disruptive noise during designated rest times can be considered a form of damage (hezek), and the affected neighbor may have the right to protest. Examples of prohibited noise during rest hours include:

• Playing loud music or instruments (e.g., organ).
• Dragging furniture late at night.
• Children playing with stones or other noisy objects above sleeping areas.
• Announcements via loudspeakers in residential areas during rest times.

However, the Chazon Ish introduces a key principle: noise complaints are only valid when the disturbance stems from non-essential or unusual activities. But if the noise results from normal, essential household use—such as a baby crying—then it is not considered grounds for protest. Since living in a home naturally includes the sounds of daily life, and most people have children who cry, this is considered a reasonable and unavoidable use of the property.

Sources: Michaber C.M. 155:39-41; 156:1-2; Rama 156:2; Rambam Shecheinim 6:12; Bava Basra 20b-23a; Rivash 196; Smeh 156:10-11; Chazon Ish Bava Basra 13:11;