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Does Choshen Mishpat Allow a Person to Stop a Yeshiva From Being Built in a Residential Area? 

Rav Shmuel Honigwachs

Question: Yankel lives in a quiet residential area. He lives in a town where it is permitted according to the local laws to build yeshivas even in such an area. Berel wants to build a yeshiva in this neighborhood. Does Yankel have any right according to Choshen Mishpat to stop the yeshiva from opening in his area? 

Answer: The Gemara in Bava Basra says that even though, generally speaking, one can stop a store from opening in a residential area and bringing in a lot of customers, when it comes to a yeshiva there is a special takanas chachomim that does not permit preventing them from opening. The chachomim made this decree because they wanted places of Torah study to be located in all areas. Accordingly, according to halacha one may not stop anybody from opening a yeshiva in a residential area. 

The Poskim apply this rule to all mitzvos, such as opening a shul or a bais din. One would also be permitted to open such an institution in a residential area. 

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