By Rabbi Yair Hoffman for the Five Towns Jewish Times

To some they are very irritating and pesky. No, not the buzzing, whining, biting mosquitoes, but the neighbors whose habits somehow bring about mosquitoes. It is mosquito season, and the season brings on its own unique set of halachic issues – particularly when it comes to the laws of neighbors – hilchos sh’chainim.

By the way, here are a few tidbits about the small creatures. Due to one’s body heat and carbon dioxide levels, mosquitoes can seek you out from up to 75 feet away. They are also attracted to the breath and sweat of human beings. They are also attracted to dark colored clothing much more so than light-colored clothing.

THE QUESTIONS

The questions abound. Is there a halachic requirement to empty the lid of a garbage can when rain water has collected in it? May a neighbor request of the other neighbor to avoid overwatering with the sprinklers – because it brings out more mosquitoes? Can one neighbor force the other to clean out her birdbath water? And what about swimming pools? Is there a halachic obligation to keep the pool water both treated and circulating?

SPRAYING CAUSES THE MOSQUITOES TO GO NEXT DOOR

Also, when one neighbor has his lawn sprayed, it often happens that all of his or her mosquitoes end up going to the neighbor’s house and yard. Often when one sprays the lawn, the mosquitoes looking to escape actually enter one’s own home and start biting away.

When this happens to a neighbor, is there any financial responsibility on the spraying neighbor’s part to the one being damaged?

FIRST GROUP OF QUESTIONS

According to the EPA, mosquitoes undergo four stages during their life cycle. Three of these stages include being near or in water. Standing water increases mosquito reproduction. The questions about standing water and the obligations will thus be addressed first.

OBLIGATION TO PREVENT DAMAGE

There is, of course, an obligation to refrain from causing damage to one’s neighbors or to others – even on one’s own property. The second chapter of tractate Baba Basra deal with the obligation to engage in preventative measures to avoid damage. The first Mishna there states: “One may not dig a cistern next to the cistern of his neighbor, nor a water channel, nor a cave, nor an irrigation ditch, nor a washing trough – unless he distances it from the outside wall [of the neighbor’s cistern] three handbreadths and seals it with plaster.”

IMMEDIATE DAMAGE

In terms of a financial obligation, however, the halacha follows the view of Rabbi Yossi that it is the obligation of the Nizak, the one being damaged, to ensure that the Mazik – the damaging neighbor doesn’t damage him. There is one caveat. If the person is standing in his property shooting arrows at his neighbor’s back yard then he is completely responsible financially. In the Talmud’s language (Bava Basra 22b) this is called “girei dilei – his arrows.” This is codified in Shulchan Aruch (CM 155:31-32). The simple understanding of this is that it includes any action that causes immediate harm.

Therefore a neighbor can plant a tree near the ditch of his neighbor, because the tree will not cause immediate damage.

IF THE NEIGHBOR IS FELIX-LIKE

There is a fascinating halacha (CM 155:39) in the Shulchan Aruch that discusses a case where a person had permission to work with either animal blood products or animal skins in his own property. However, crows or ravens began to gather and track blood on the neighbor’s fruits and they caused damage to him or made cawing noises that irritated him the neighbor. He must stop his activities. The Ramah adds that the same applies to any other significant type of damage that a person cannot stand. The Sma explains that the word “to him” indicates that the neighbor is excessively finicky. Even in such circumstances the neighbor must distance or cease his activity.

The Chazon Ish (Bava Basra 10:1) explains that the case of the ravens is likened to shooting arrows. It would seem that the mosquitoes would be no different than the ravens.
Therefore, although one should ask a shailah to one’s own Rav or Posaik, it would seem that one neighbor can ask the other to:

1] Empty the lid of a garbage can when rain water has collected in it after it rains.

2] Request the other neighbor to avoid overwatering with the sprinklers.

3] Ask the neighbor to clean out her birdbath water.

4] Ask the neighbor to keep the swimming pool water both treated and circulated.

The Mishpetai Choshain (155:25) rules that the spraying neighbor does not have a financial obligation to pay, but he should inform the neighbor of the time that he will be spraying so that the neighbor can take appropriate actions to protect himself.

KILLING MOSQUITOES ON SHABBOS IN A ZIKA ZONE

Generally speaking killing mosquitoes on Shabbos is a violation of Shabbos. The Rambam holds that it is a biblical prohibition, while other Rishonim hold that it is a serious Rabbinic one since it is often aina tzricha legufo – there is no need for the dead carcass. However, if there is Zika virus in the area or during times when there is a serious concern for a fatal illness, it would be permitted to kill it. One should consult one’s own Rav or Posaik, however. In New York at this time, there are no concerns that would warrant it.

The author can be reached at [email protected].