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First we must analyze Reuven’s statement (literally, "empty the house"). Vacating the house would seemingly indicate an exemption from paying rent, and an oral mechila (relinquishing rights) is binding. (See Sanhedrin 24a, regarding one who was obligated to swear to be exempt and his counterpart lowered the severity of the required oath). On the other hand, Reuven did not explicitly relinquish rights to rent. It is possible that he demanded that Shimon move out and yet continue to pay [even if this sounds like an unreasonable demand].
We find cases where one party makes a demand which seems to imply exemption and yet an explicit expression of exemption is needed. For example, when a lender tells his borrower to throw him the money he owes, the borrower is responsible for subsequent loss of the money unless the lender states he will be exempt as a result (Gittin 78a). In order to reconcile this with a mishna (Bava Metzia 98b), which says that when one returns money per instructions he is exempt, we must distinguish between repaying a loan and returning one’s object. A loan creates a monetary obligation that must be actually paid or relinquished. In contrast, when one is watching an object, as long as he follows the object’s owner’s instructions, there is nothing to obligate him. Another sugya where we see that mechila of payment must be explicit is Bava Kama 93a, where it says that it is not enough to tell someone, "Rip my garment," but he has to say, "Rip my garment on condition that you are exempt."
Furthermore, even if Reuven intended that if Shimon vacates he will be exempt from rent, that would only take effect if Shimon would have vacated before Reuven rescinded his statement. If this is not so, then Shimon would have been able to decide whether he wanted to continue the lease or break it, and it is unlikely that Reuven would allow Shimon to decide what he prefers.
Another factor is that when one does mechila that can be explained in different ways, we accept it as mechila only regarding lesser matters (see Ketubot 83a). In this case, the oath implied that Shimon originally was not permitted to vacate the house even if he were to continue to pay rent. Therefore, in the face of lack of proof, we will understand that the mechila was to allow him to move out but only if he is willing to pay.
Yet another factor is that binding decisions can be made without an act of kinyan, but at times there are reason to suspect that they do not represent the thought out decision of the one who uttered the statement and require confirmation (see Rambam, Mechira 5:13). The case of mechila made in anger is an example of something that is not binding without making sure that it represents his rational position.
P'ninat Mishpat (829)
Various Rabbis
289 - Mechila that May Be Lacking
290 - Mechila that May Be Lacking
291 - Beit Yitchak – Rav Yitzchak Shmelkes
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
