YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
- Family and Society
- Financial Laws and Tzedaka
- 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 (829)
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?
Load More
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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
