A new student transferred to Ateres Bachurim Yeshiva. He was greeted by the Mashgiach, Rabbi Goldhart. “Baruch Hashem, the Yeshiva is full,” Rabbi Goldhart said. “Only one bed is available. I should mention that the two other boys in that room smoke.”

“There are boys in the Yeshiva who smoke?!” Asher asked incredulously.

“Almost no one smokes anymore; it’s just those two boys,” the Mashgiach responded. “Of course, they are not allowed to smoke in the Beis Medrash, only in their room.”

“I suppose I’ll manage,” said Asher hesitantly. “I’m not in the room that much anyway.”

Asher brought his suitcase up to the room. One of the boys opened the door and greeted him with an inquisitive look. “Hello!”

“My name is Asher Singer,” the newcomer said. “I just transferred to Ateres Bachurim and was assigned to this room.”

“Welcome!” the boy said, extending his hand. “My name is Shimon and this is Gad.”

Asher put his belongings down on the unoccupied bed. The lingering smell of smoke was evident; Asher rubbed his nose.

“We smoke,” Gad said apologetically.

“Rabbi Goldhart mentioned that,” said Asher. “Would you mind if I open a window?”

“Go ahead,” said Gad.

Asher unpacked and then went to learn in the Beis Midrash. When he returned to his room late at night, he found Shimon and Gad smoking.

He tried to ignore the smoke for the first few days, but finally could not bear it.

“Could I ask you to put out your cigarettes?” he asked politely one night.

“All right,” said Gad, as he put out his. “I thought you were getting used to the smell…”

Each subsequent evening, Asher asked Shimon and Gad to put out their cigarettes. “You’re not being fair,” Shimon finally said to him. “We’re not allowed to smoke in the Beis Medrash during the day. Now you’re asking us to stop also in our room.”

Asher asked the Mashgiach whether there was another room available.

“I’m sorry,” Rabbi Goldhart replied, “but the yeshiva is absolutely full!”

“Shimon and Gad are getting annoyed that I ask them to stop smoking each night,” said Asher. “Is it fair of me to do so?”

“Why don’t the three of you discuss the issue with Rabbi Tzedek?” the Mashgiach suggested.

The three boys met with Rabbi Tzedek. “First of all, we are the majority in the room,” Shimon said. “Second, we’re talking about only two cigarettes a night. Third, we’ve been smoking in the room all year, and Asher just joined recently; he didn’t even say anything the first few nights.”

“Just because you’re the majority in the room doesn’t give you permission to harm me,” replied Asher. “I find even one cigarette extremely unpleasant and unhealthful. And while you were in the room the whole year, I was now assigned here. I thought I could manage but I can’t anymore.”

Rabbi Tzedek ruled, “Shimon and Gad are obligated to avoid smoking when Asher is in the room.”

Rabbi Tzedek then explained each issue: “When people are partners, whether roommates, townspeople, or business partners, they have a mutual responsibility to one another. When there is a difference of opinion among partners, the majority can usually enforce its decision on the minority (Rama C.M. 163:1). However, when one position is clearly more correct, even a single person can insist on this position against a hundred others (Pe’ah 4:1-2). There is no doubt nowadays that smoking is dangerous and is harmful also to bystanders. Many Gedolim have already expressed the position that smoking is prohibited. Therefore, if even one roommate opposes smoking – we listen to him (Tzitz Eliezer 15:39; 17:22)! The Yeshiva also did not guarantee them a room that would allow smoking in all situations.

“Furthermore, Chazal mention smoke as something unpleasant and damaging to neighbors. According to many opinions, they can protest against someone who is producing even occasional smoke. If the smoke is consistent, even if he has been producing smoke for years uncontested, the neighbors can still claim that they cannot bear it any longer (C.M. 155:36-37; Shach 155:19).

“Finally, if a person is known to be particularly sensitive to a certain odor, sound, or filth, he can stop neighbors from continuing to engage in such activities (C.M. 155:39,41). This certainly applies to cigarette smoking if someone is repulsed by the smell, not to mention the potential harm (Igros Moshe, C.M. 2:18).”