Jewish law ''Halakha'' (; he, הֲלָכָה, ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws which is derived from the Torah, written and Oral Tora ...

, gezel sheina (גזל שנה, ''theft of sleep'') refers to waking up another person against their wishes. The term was first used by rabbi

Israel Meir Kagan Rabbi Yisrael Meir ha-Kohen Kagan (January 26, 1838 – September 15, 1933), known popularly as the Chofetz Chaim, after his book on lashon hara, who was also well known for the Mishna Berurah, his book on ritual law, was an influential Lithuan ...

in his book Ahavas Chesed. No law in the

Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the s ...

Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cente ...

directly prohibits disturbing another's sleep. Nevertheless, some rabbis have prohibited or discouraged such behavior as being unkind to others and because it cannot be rectified. The closest Torah law that is invoked is Love thy neighbor as thyself (Leviticus 19:18). Concerns are that taking another's sleep injures a person by making them less productive, less able to concentrate properly following their unexpected arousal, less competently able to perform their duties due to lack of sleep, more angry, and depriving one of a meaningful dream.

Waking up a parent

There is a higher degree of stringency to waking up one's parents because of the laws of honoring one's parents. It is permitted to wake one's father if this is necessary in order for him to make a

minyan In Judaism, a ''minyan'' ( he, מניין \ מִנְיָן ''mīnyān'' , lit. (noun) ''count, number''; pl. ''mīnyānīm'' ) is the quorum of ten Jewish adults required for certain religious obligations. In more traditional streams of Jud ...

or to recite the

Shema ''Shema Yisrael'' (''Shema Israel'' or ''Sh'ma Yisrael''; he , שְׁמַע יִשְׂרָאֵל ''Šəmaʿ Yīsrāʾēl'', "Hear, O Israel") is a Jewish prayer (known as the Shema) that serves as a centerpiece of the morning and evening Jewis ...

on time.

Viewpoints

Rabbi

Shmuel Wosner Shmuel HaLevi Wosner ( he, שמואל הלוי ואזנר, 4 September 1913 – 3 April 2015) was a prominent Haredi rabbi and posek ("decisor of Jewish law") living in Bnei Brak, Israel. He was known as the ''Shevet HaLevi'' after his major w ...

points out that ''gezel sheina'' is not an actual act of theft because nothing of value is transferred from the victim to the thief. It is nonetheless forbidden because the victim has been caused physical and emotional damage. Rabbi

Menashe Klein Menashe Klein (1924–2011) (Hebrew: ר' מנשה קליין), also known as the Ungvarer Rav (Yiddish: אונגווארער רב), was a Hasidic Rebbe and posek (arbiter of Jewish law). He authored 18 volumes of responsa, spanning over 50 years, ...

states that though no theft has actually occurred, ''gezel sheina'' is nevertheless classified as an act of theft because it is a form of

geneivat da'at ''Geneivat da'at'' or ''g'neivat daat'' or ''genebath da'ath'' ( he, גניבת דעת, , theft of the mind, ) is a concept in Jewish law and ethics that refers to a kind of dishonest misrepresentation or deception. It is applied in a wide spectr ...

(theft of the mind) in the physical and emotional pain it causes the victim.

References

{{Halakha Jewish ethical law Sleeplessness and sleep deprivation Hebrew words and phrases in Jewish law