Beit Midrash

  • Sections
  • P'ninat Mishpat
קטגוריה משנית
To dedicate this lesson
undefined
Case: The plaintiff (=pl) rented an apartment until Sept. 15 and paid the landlord in full (3,500 shekels per month). The defendant (=def), a friend of pl, decided to rent the apartment after pl and signed a contract with the landlord starting from Sept. 16th. In practice, pl left the apartment on Aug. 31, and def moved in on Sept. 1, with the permission of all parties. However, the two sides had argued in advance whether def would have to pay pl from Sept. 1 (1,750 shekels), as pl anyway had a place to go from that time. Def also could have stayed in his previous apartment until Sept. 15 and only did not want to wait until then because he had made an arrangement with his movers to move on Sept. 1. Also, pl had gotten def’s permission to keep his modem (worth 358 shekels) in the apartment for a period of time, and it cannot be found now.

Ruling: If there were not a discussion between the sides in advance, then this would have been a classic case of one who lives in his friend’s house without permission and we would have had to determine whether this is a home that people usually pay for and whether the recipient was in need of its use (see Bava Kama 20b; Shulchan Aruch, Choshen Mishpat 363:6-10).

However, since there was a discussion in advance and pl expressed that he did not agree that def should use it for free, the pertinent ruling is of the Rama (CM 363:6) – one cannot be forced to allow someone to use his property for free. Although it is possible to force someone who does not lose anything as a result to allow someone to use his property, that does not apply when the property owner could have used it himself, including by renting it out to someone else. The K’tzot Hachoshen posited that the determining factor is the wording of the one who lets his counterpart in, and here pl was clear. It is not important whether def was clear that he did not think he needed to pay.

Regarding the modem, it is possible to discuss whether, as one who agreed to host the modem and was receiving the apartment specifically with the modem within, def was a shomer chinam (unpaid watchman) or a shomer sachar (a paid watchman). This determination would be impactful here because the modem was apparently stolen. However, def and his painter did not see the modem when they entered the apartment, and therefore it is likely that it was stolen before def moved in, possibly by the cleaning staff. In that case, def never began being a watchman in the first place.

Therefore, def will pay pl 1,750 for half a month’s rent and is exempt from paying for the modem.
fast navigation
Lessons
  • Rabbi Zalman Baruch Melamed
    Rabbi Zalman Baruch Melamed
  • Rabbi Eliezer Melamed
    Rabbi Eliezer Melamed
  • Rabbi Shmuel Eliyahu
    Rabbi Shmuel Eliyahu
  • Rabbi  Yosef Tzvi Rimon
    Rabbi Yosef Tzvi Rimon
  • Rabbi Shlomo Fischer zt"l
    Rabbi Shlomo Fischer zt"l
  • Rabbi Uzi Kalchaim zt"l
    Rabbi Uzi Kalchaim zt"l
  • Rabbi David Chai Hacohen
    Rabbi David Chai Hacohen
  • Rabbi Sha'ar Yashuv Hacohen
    Rabbi Sha'ar Yashuv Hacohen
  • Rabbi Mordechai Sternberg zt"l
    Rabbi Mordechai Sternberg zt"l
  • Rabbi Ovadia Yosef Shilt"a
    Rabbi Ovadia Yosef Shilt"a
    undefined
    Beha'alotcha

    The Consolation of Lighting the Menora - Rav Kook at the Third Shabbat Meal

    15 Sivan 5784
    undefined
    Beha'alotcha

    Why Was Miriam Punished?

    Rabbi Yosef Tzvi Rimon | 5777
    undefined
    Prayer

    ?How we should dress for Prayer

    Chapter five-part two

    Chapter five-part two

    Rabbi Eliezer Melamed | 5775
    undefined
    Prayer

    Who Can Be Counted in a Minyan?

    Chapter Two-part three

    Can every ten men be a Minyan or are there other conditions?

    Rabbi Eliezer Melamed
    undefined
    P'ninat Mishpat

    Historical View of Rav Mordechai Yaakov Breish (Chelkat Yaakov)

    Various Rabbis | 5775
    undefined
    Happy Occasions

    Fasting and Feasting on a Yahrzeit

    “My father’s yahrzeit falls during the week of sheva brachos for my grandson. May I attend the sheva brachos?” "My yahrzeit falls on Shabbos this year. Do I fast on Friday or Sunday instead?" "I usually fast on my father’s yahrzeit, but someone is honoring me with sandaka’us on that day. Do I fast, and do I need to be matir neder in the event that it is permitted to eat?"

    Rabbi Yirmiyohu Kaganoff
    undefined
    Revivim

    Halakha on Abortion of Fetuses with Severe Abormalities

    A fetus is considered a living entity in regards to certain laws, but there is no penalty of death for taking its life. What do the rabbinical decisors say?

    Rabbi Eliezer Melamed
    undefined
    Jewish Holidays

    The Twentieth of Sivan

    "I noticed that the back of my siddur contains a large section devoted to selichos for the 20th of Sivan, yet I have never davened in a shul that observed this day. What does this date commemorate?"

    Rabbi Yirmiyohu Kaganoff | Sivan 17 5780
    undefined
    The Giving of the Torah

    The Day of the Rains and the Giving of the Torah

    According to our Sages, The Day of the Rain is as great as, or even greater than the day of the Giving of the Torah. The basis for this comparison is discussed in depth, as well as additional aspects of the connection between the rains and the Torah.

    Rabbi Uzi Kalchaim zt"l | 5770
    undefined
    The Torah Perspective

    Secular Zionism in the Eyes of Rav Kook.

    How can we understand the rebellion against religion over the past century? What does the world gain spiritually from this rebellion which was foreseen in the mishna 1,800 years ago as part of the period preceding the mashiach? Only after we understand the rebellion can we glean the benefit and relate to our brothers properly.

    Rabbi Ari Shvat | 5769
    undefined
    Redemption - Geula

    When Moshiach Comes

    A summary of the different Brachot we will bless when the Moshiach will walk through the door.

    Rabbi Yirmiyohu Kaganoff | Iyar 5768
    undefined
    Marriage and Relationships

    The Role of Parents in Marriage

    Today, parents can fulfill the commandment of marrying off their children by providing them with a good education at prestigious schools, supporting them so that they be able to learn a profession, and clothing them in attractive attire.

    Rabbi Eliezer Melamed | 5764
את המידע הדפסתי באמצעות אתר yeshiva.org.il