Right to Object to Spirits Sales in a Shared Courtyard

Description

The lower-story owner of a shared inherited house objects to his co-heir selling spirits by the glass, causing increased foot traffic through the courtyard. The Chasam Sofer holds that while the basic halacha of CM 156 supports the right to object to a shop, wine and spirits sellers are analogous to craftsmen—since their business cannot be relocated to the marketplace—and most poskim permit this even without prior chazakah. He raises a possible additional ground for objection regarding spirits specifically due to the risk of intoxicated non-Jewish patrons, but leaves that point unresolved.