Is There a Prohibition of Sleep Theft?

Greetings, 

In simple terms, there is no concept of "sleep theft." In any case, it is clear that one may not disturb another person’s sleep, because it is prohibited to cause pain to a Jew under "You shall not wrong one another" (Leviticus 25:17). One also violates the mitzvah of "Love your fellow as yourself" (ibid. 19:18), and our Sages said: what is hateful to you, do not do to your fellow (see Shabbat 31a). 

Sources: See Teshuvot Kerem LeDavid (siman 18, beginning with the words v'hineh i) who wrote that there is a Torah prohibition to pain a Jew by disrupting his sleep, since it is forbidden to wrong a person even with words. See there. It is clear from his words that there is no prohibition of "theft." Likewise, in Teshuvot Shevet HaLevi, volume 7 (siman 224), he wrote that, apparently, the category of theft applies only when one steals an object that the thief will use or benefit from, whereas sleep disruption is a matter of depriving another of his benefit and good, and there is a prohibition because of that. He then wrote that someone pointed out to him what is stated in Berachot (6b), "the theft of the poor in your houses," in connection with stealing the blessing of greeting, and he wrote that this can be reconciled. See also in the book Derech Sichah, volume 1 (page 368), that the matter of sleep theft is an innovation from the study hall of the masters of mussar, and it is only a matter of kindness and of "Love your fellow as yourself." Likewise, see also in the book Pitchei Choshen - Laws of Theft and Fraud (chapter 15, note 3), where he wrote that it seems simple that since it is a great pain, it falls under "You shall not wrong one another," and the expression theft is not entirely accurate, but there is certainly a prohibition of causing pain here, and one also transgresses "Love your fellow as yourself." Now, the poskim disagree as to whether the prohibition of causing pain to animals applies to a person, and in practice we rule that it does apply to a person, as explained in Teshuvot Yechaveh Daat, volume 5 (siman 64 in the note). According to this, one who disturbs another’s sleep also transgresses the prohibition of causing pain to animals as it applies to a person. This is also written in Teshuvot Uderashtah Vechakarta, volume 4 (Yoreh Deah, siman 1). See also what was written in Teshuvot Knesset Yechezkel (by Rabbi Yechezkel Grobner, of blessed memory), volume 1 (siman 2), in Teshuvot Mishneh Halachot, volume 12 (simanim 443-444) and volume 14 (siman 199), in Teshuvot Vayitzbor Yosef, volume 4 (page 400), in Teshuvot Mishnat Yosef, volume 6 (siman 24) and volume 8 (siman 35), and in the book Shulchan Aruch HaMekutzar, volume 8 (siman 216, note 1).

With blessings, Hillel Meirs