Lesson # 425 Opening Business in a Residential Neighborhood In the time of the Talmud, individual houses usually opened into a courtyard, and several courtyards opened into an alley. It was from the alley that one went into the public street. Thus a person who wanted to go from his house to the public street went from his house into a courtyard and then into an alley and then into the public street. The alley was closed from three sides, as was the courtyard. If the alley was open at both ends it was designated as "an open-ended alley", and any of the laws dealing with restricting the traffic will not apply, since outsiders in all events cross through the alley that is open in both ends. Nowadays most communities are not set up as they were in the times of the Talmud. I have used the same laws to apply to multi-stories dwellings or residential communities. There are many residential neighborhoods and buildings in which professionals have purchased or rented apartments, or have converted ground floor apartments into businesses or have converted basements or cellars or lofts into commercial or professional or manufacturing premises, often to the detriment of the other residents of the apartment house or apartment complex. What in the halachic literature is designated as a courtyard, I have designated an apartment building; what in the Talmud is designated as an alley, I have designated as an enclosed residential complex. What in the Talmud is designated as an open-ended alley, I have designated as an unenclosed residential complex. The increased traffic referred to in this lesson comes about because Reuven desires to open a business that will bring customers to his business. Reuven may desire to open a professional office, a manufacturing facility, or a retail sales business. The assumption is that the apartment house or apartment complex was built and sold to the occupants to be used exclusively for residences. Many apartment houses are built with the purpose of having therein professional offices or light manufacturing in parts of the building, usually on street level or below the street level. This lesson does not apply to these situations. If Reuven opens his business, not only may he be guilty of increasing traffic, but he may also be competing with Shimon, who had his business in the building or in the apartment complex before Reuven opened his business. In this lesson the practice of a profession such as law, medicine, dentistry, accounting, engineer- ing and teaching is designated herein as the opening of "an office"; the opening of a store is designated as the opening of a "business"; and the opening of a manufacturing facility is designated as such, the opening of "a manufacturing facility." Assume that there is no other doctor's office in the multi-tenanted building. Reuven, a doctor residing in the building, may be enjoined from opening a medical office that will increase the traffic into the building. Any resident of the building may go to Beit Din to obtain an injunction to prohibit Reuven from opening his business. The same applies to opening a law practice or the practice of dentistry, or accounting, or secular teaching, or any other profession or business that will bring clients into the building. The teacher can be enjoined only if he is teaching secular subjects. He cannot be enjoined from teaching Torah-related subjects in his premises even if it will increase the traffic in the courtyard. Assume that there is no other doctor's office in the enclosed residential complex. According to one opinion, Reuven a doctor residing in the enclosed residential complex, may be enjoined from opening a medical office that will increase the traffic into the complex. Any member who has an apartment or house that egresses into the same complex may go to Beit Din to obtain an injunction to prohibit Reuven from operating his business. The foregoing laws apply even if all but one of the residents of the building complex agree to Reuven's request to open his office. If one resident objects, Reuven may be enjoined from opening his office. A resident of the building or the complex may not lease his apartment to a tenant who will attempt to open an office or a business. However, any resident may sell his apartment, even though he knows that the purchaser wishes to open a business or office. Reuven desires to open a manufacturing facility in his apartment. He may do light manufacturing that does not create noise or vibrations in his apartment if he will sell his product outside of the apartment building or outside of the complex. If the manufacturing causes noise or vibrations, Reuven can be enjoined. There are some professions that entail accomplishing commandments from Hashem, such as teaching Torah to students. In such instances the inhabitants of the apartment building or complex cannot enjoin the teacher from teaching students although the students coming and going to the teacher increases the traffic in the building. Although the practice of medicine may save lives and thus is the performance of an important commandment, it may not be performed in this apartment. It can be done in a medical facility or the doctor can make house calls. In the time of the Talmud and in many subsequent periods in Jewish history, where Jews lived in small areas with the permission of the town rulers, they had large taxes foisted upon them. To meet such burdens they had to make laws to protect their economic interests. In furtherance of protecting their economic interests, the residents of a city can enjoin merchants from outside the city from bringing in their merchandise to sell in their city. The outside merchants were able to enter into the city to sell their wares on market days, provided they did not peddle from door to door. The restricting laws that applied to outside merchants selling their wares also applied to their engaging in making loans, whether to gentiles or to Jews. On market days they may lend money to out-of-town merchants who come to market. The prohibitions against outside merchants selling to the inhabitants of the city apply if they are selling at the same prices for the same quality merchandise. But if the quality is superior or the prices lower, then the local merchants cannot prevent the outside merchants from selling in the city. This applies if the outside merchants are not selling at a price that is lower than normal or the local merchants are selling at inflated prices. If the outside merchants sell products that the local merchants are not selling, they cannot be prevented from selling these products in the city. The out-of-town merchants can become citizens of the city by agreeing to pay all taxes, levies, duties imposed on the residents of the city. If the secular authorities limited the number of Jews who could live in the city, then the out-of-town people could not become citizens even if they agreed to participate in all of the taxes, duties and obligations of citizens. The subject matter of this lesson is more fully discussed in A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased at local Judaica bookstores. Questions to quint@inter.net.il [The Parshat Emor Homepage]
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