Gezel Sheina: Stealing Sleep

by R. Ari Enkin

To disturb someone who is sleeping or to prevent someone from falling asleep is a violation of gezel sheina. ^[1]See Mishneh Halachot 12:443, 14:12. In fact, some sources maintain that stealing sleep is even worse than stealing possessions. ^[2]Sichot L’sefer Vayikra (Nebenzhal), p. 293. This is because one who steals another person’s possessions can usually make restitution by returning the stolen items or reimbursing the owner for their value. On the other hand, lost sleep can never be returned. ^[3]Hachafetz Chaim U’pa’alav, vol. 3, p. 105; R. Chaim Ephraim Zaichyk, Hame’orot Hagedolim (1962 edition), p. 376. Cited in Weiner, “Praying with a Minyan on an Airplane.” Stealing someone’s sleep is also considered to be a form of personal injury. ^[4]See Meiri, Bava Batra 20b. It is taught that gezel sheina is so serious that we should really be required to recite Selichot for stealing someone’s sleep! ^[5]Limnoa Michshol 7:1.

The Talmud cites the view of Rav Nachman, who seems to say that one should not wake people up in order for them to pray. It is even forbidden to wake someone up in order for him to attend a minyan, unless he specifically asked to be woken. ^[6]Teshuvot V’hanhagot 2:50. According to most authorities, one should wake someone up in order to recite an obligatory prayer whose time limit will soon expire, such as Kriat Shema. ^[7]Berachot 13b; Divrei Yechezkel, Halichot V’halachot, p. 393; Keren L’David, OC 18.

A resident of a common courtyard can be prevented from opening a store if the noise generated by the customers will disturb the sleep of the other neighbors. ^[8]Bava Batra 20b. One must avoid engaging in any activities late at night that could wake up a neighbor, such as moving furniture or drilling holes. Indeed, one should always take into consideration others in the vicinity who might be ill or otherwise in need of sleep, especially in the evening hours. ^[9]Shevet Halevi 7:224. It is said that Rav Yisrael Salanter once criticized one of his students who went out early in the morning to fetch some water in order to wash his hands as is halachically required. To get to the water, the student needed to pass closely alongside the homes of his neighbors. Rav Salanter exclaimed, “Netilat yadayim is only a rabbinical decree, whereas stealing someone’s sleep is a Torah prohibition!”

Some authorities hold that stealing someone’s sleep violates “v’lo tonu ish et amito” (you shall not mistreat your fellow), ^[10]Vayikra 25:17. a biblical prohibition known as ona’at devarim. ^[11]Sma, CM 227. See also Weiner, “Praying with a Minyan on an Airplane.” While ona’at devarim is generally understood to be a prohibition against upsetting or causing pain to others through speech, ^[12]Bava Metzia 58b. a number of authorities extend it to include causing others any sort of pain, as well. ^[13]Sefer Yira’im 180; Sha’arei Teshuva, 3:24; Sefer Hachinuch 338. According to this approach, it can be suggested that disturbing someone’s sleep is indeed a Torah prohibition. ^[14]Keren L’David, OC 18; Darchei Choshen 235; Pitchei Choshen 4:15, n. 3, s.v “B’sefer”; Shulchan Aruch Hamekutzar 8:217. Similarly, a number of authorities assert that gezel sheina is a violation of v’ahavta l’reiacha kamocha (you shall love your fellow as you love yourself), as no doubt you would not want to be woken up, either. ^[15]Vayikra 19:18. See Mishneh Halachot 12:443, 14:199. See Derech Sicha, vol.1, p. 367; Halichot Chaim, vol. 2, p. 168, for more on this. One may not even learn Torah or perform any other mitzva if it will disturb someone who is sleeping. ^[16]Shevet Halevi 7:224. See, however, Mishneh Halachot 14:200 for an alternative view. One should also not needlessly wake up or scare animals. ^[17]See “V’darashta V’chakarta: Gezel Sheina to a Cat?” Revach L’Neshama, http://www.revach.net/article.php?id=2923.