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Beit Midrash
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Reuven gave a house to Shimon as collateral for a loan before going abroad. When Reuven returned and wanted to pay his loan and claim back his house, he found that the partitions between his part of the property and his partner’s property were missing. Shimon said that he received the property without partitions and that if there were partitions, he didn’t want them because he was afraid the non-Jewish inhabitants would destroy them. He added that if there were partitions, it was Shimon’s father who had installed them.
The various contradictory claims that Shimon presented regarding the existence of partitions or lack thereof prove that one cannot take any of them seriously. His main claim is that he did not receive the partitions, which he supports by the fact that the document that stipulates the details of the collateral arrangement do not mention them. However, since partitions that are part of a property are considered part and parcel of the property, they are included unless the document explicitly states that they are excluded (witnesses to an oral stipulation would not suffice).
It is also not clear why the presence of non-Jews in the property is relevant to Shimon’s refusal to accept the partitions because even if the non-Jews would cause damage to the property, Shimon would not bear responsibility for them, if indeed it was Reuven who brought them in as tenants. Rather Shimon would just have to return the materials of the now broken partition to Reuven. If, though, it was Shimon who brought the non-Jewish tenants to live in the house, then he is responsible for the damage they caused, as he should have known they would be dangerous [Ed. Note- presumably, in those times, it was not feasible for a Jew to sue a non-Jew for damage he caused.] Certainly, if Shimon is the one who took down the partition, he is obligated to rebuild it.
P'ninat Mishpat (827)
Various Rabbis
282 - Responsibility for Collateral
283 - The Right to Rent in 16th Century Turkey
284 - A Donation That “Destroys” a Shul
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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