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- Rent and Lease
The Shulchan Aruch (Choshen Mishpat 316:1) rules that when one rents a house, he can sublet, but not to a family that has more members than the original renters. On the other hand, a teshuva in Shut Maharam MiRutenberg (IV:279) says that one can sublet to a larger family as long as he is willing to pay the amount of money that the average person would agree to be compensated for expected damage to the house due to the increased number of people. This responsum is actually signed by someone named Rav Chayim. The Rav Chayim who is mentioned as the author of the responsum in the Maharam appears to be the son of the Ohr Zarua (see also communication of the Rashba (Shut I:571) with him).
When the Maharam himself addresses the subject of not subletting to a bigger family, he does not mention this distinction, suggesting that the Maharam did not agree with it. On the other hand, the Mordechai (Bava Metzia 357), a student of the Maharam, cites in his name, that one can sublet to a larger group of people, just that he also quotes the Rambam as saying that he may not. On the other hand, the Mordechai also contradicts himself on this matter. It is possible that even the Rambam agrees that one can add to the rent and be allowed to increase the number of occupants, and the reason that he doesn’t mention it is because there is no Talmudic discussion on the matter.
Rav Chayim’s logic finds expression in a parallel halacha. An employer is exempt from paying an employee whose job he cancels without due cause under circumstances that the employee is able to replace the work with other work that is not harder than that which he was supposed to have been doing. However, regarding a case where the replacement work is harder, the Rama (CM 333:2) cites two opinions as to whether it suffices for the employer to pay compensation for the extra toil. The Shach (ad loc. 13) says that it could be that the opinion that apparently does suffice with the compensation was actually misunderstood. While the Netivot Hamishpat (333:4) says that the aforementioned Rama is contrary to the Shulchan Aruch in 316:1, where the Rama does not comment, it is likely that, there too, the possibility of compensation for the extra trouble (in that case, inhabitants) exists. It is just that the Shulchan Aruch cites the language of the Rambam, and the Rambam does not mention that factor, as it is not found in the Talmud, but he might agree with it.
In the final analysis, if a renter wants to sublet a house to a family with more members than his, he may do so if he is willing to compensate to the expected increased wear and tear.
P'ninat Mishpat (825)
Various Rabbis
333 - Taking Payment from the Estate of the Borrower
334 - Subletting a House to a Larger Family
335 - Can the Old Window Stay?
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P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Using Car that Was Supposed to be Returned
based on ruling 84065 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
