- Sections
- P'ninat Mishpat
The Laws of Bar Metzra on Seats in Shul
(based on Shul Chatam Sofer, Choshen Mishpat 95)
Case: Reuven sold to Shimon, in order to help make a living, two seats in shul: one in the men’s section and one in the women’s section. Levi, who holds the neighboring seat in the men’s section, wants to employ the rules of bar metzra (the special rule by which the neighbor of property that is sold can pay its price and take the property from a non-neighbor buyer).
Ruling: The querying rabbi suggested that it is possible that bar metzra does not apply if Levi is the bar metzra only of half of the sale, and in the case of doubt, we should say that Shimon is muchzak (is in possession of the property until proven otherwise) and can claim kim li (i.e., "I want to follow the minority opinion"). However, it is incorrect to apply the rules of muchzak here because in cases where bar metzra applies, the buyer is considered as if he is acting on behalf of the neighbor. Thus, according to the opinions that bar metzra applies, Levi would actually be the muchzak.
He also raised the logic that bar metzra does not apply when the seller needs the money for food to eat because then we cannot expect him to consult first with favored buyers. However, in this case, Reuven did not have a short-term shortage of food, just that he wanted to use the proceeds of the sale for business needs. If we would say that such cases are also excluded from bar metzra, then we would all but erase the halachot of bar metzra, as almost all sellers are in similar circumstances to that of Reuven.
The Rivash says (see S’ma 175:99) that when there is a separation between the properties of more than a tefach, the laws of bar metzra do not apply. However, that is not an issue here, certainly if Levi wants to remove the separation and expand his seat. Even if he wants to keep the separation, he can still say that he wants places in shul that are near each other, which is a desirable situation for relatives (see Rama, Choshen Mishpat 175:13).
We should take a better look at the claim that one cannot claim bar metzra in a case like this where Levi is a neighbor only of the seat in the men’s section. If the minhag is that each seat in one section has a corresponding seat in the other section, then it should be considered like one big field, and Levi should be able to make a claim on the pair of seats. However, if they are generally unconnected to each other but were sold in this specific case as one unit, then we should say that Levi cannot claim bar metzra rights even on the seat in the men’s section (see S’ma 175:22).
Case: Reuven sold to Shimon, in order to help make a living, two seats in shul: one in the men’s section and one in the women’s section. Levi, who holds the neighboring seat in the men’s section, wants to employ the rules of bar metzra (the special rule by which the neighbor of property that is sold can pay its price and take the property from a non-neighbor buyer).
Ruling: The querying rabbi suggested that it is possible that bar metzra does not apply if Levi is the bar metzra only of half of the sale, and in the case of doubt, we should say that Shimon is muchzak (is in possession of the property until proven otherwise) and can claim kim li (i.e., "I want to follow the minority opinion"). However, it is incorrect to apply the rules of muchzak here because in cases where bar metzra applies, the buyer is considered as if he is acting on behalf of the neighbor. Thus, according to the opinions that bar metzra applies, Levi would actually be the muchzak.
He also raised the logic that bar metzra does not apply when the seller needs the money for food to eat because then we cannot expect him to consult first with favored buyers. However, in this case, Reuven did not have a short-term shortage of food, just that he wanted to use the proceeds of the sale for business needs. If we would say that such cases are also excluded from bar metzra, then we would all but erase the halachot of bar metzra, as almost all sellers are in similar circumstances to that of Reuven.
The Rivash says (see S’ma 175:99) that when there is a separation between the properties of more than a tefach, the laws of bar metzra do not apply. However, that is not an issue here, certainly if Levi wants to remove the separation and expand his seat. Even if he wants to keep the separation, he can still say that he wants places in shul that are near each other, which is a desirable situation for relatives (see Rama, Choshen Mishpat 175:13).
We should take a better look at the claim that one cannot claim bar metzra in a case like this where Levi is a neighbor only of the seat in the men’s section. If the minhag is that each seat in one section has a corresponding seat in the other section, then it should be considered like one big field, and Levi should be able to make a claim on the pair of seats. However, if they are generally unconnected to each other but were sold in this specific case as one unit, then we should say that Levi cannot claim bar metzra rights even on the seat in the men’s section (see S’ma 175:22).

P'ninat Mishpat (683)
Various Rabbis
339 - Late Demand of Expenses
340 - The Laws of Bar Metzra on Seats in Shul
341 - Backing Out of a Now Unneeded Unfinished Sale
Load More

Was the Garden Included?
Based on ruling 82073 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tevet 5783

Did the Realtor Help?
Based on ruling 82097 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Kislev 1 5783

A Worker who Received Pay without Coming to Work
(based on ruling 79018 of the Eretz Hemdah-Gazit Rabbinical Courts)
Beit Din Eretz Hemda - Gazit | Elul 19 5782

Demand of Top-Quality Merchandise from Supplier
based on ruling 81005 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 28 5782

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.

Responsibility for Collateral
5774

Four Prototypes of Service of Hashem
5774

Buying Looted Seforim from the Slovakians
Iyar 21 5775

Can a Tzaddik Deteriorate?
5770
The Laws of Matza
Rabbi Eliezer Melamed | Nissan 5768

This is the way we wash our hands
Rabbi Yirmiyohu Kaganoff | Tamuz 4 5775

Indigestible Matzos, or Performing Mitzvos When Suffering from Food Allergies
Rabbi Yirmiyohu Kaganoff | Adar II 28 5779

Writing on Shabbat
Rabbi Yirmiyohu Kaganoff

Well, bless my Seder!
Rabbi Stewart Weiss | Nissan 5783

The Day after the Shabbat
Rabbi Shaul Yisraeli zt"l | Nissan 5783
