YeshivaThe torah world Gateway
Beit Midrash
- Family and Society
- Financial Laws and Tzedaka
- Basics of Financial Laws
The Torah study is dedicatedin the memory of
Asher Ben Haim
Case Description:
The prosecutor leased an apartment to the defendant. The defendant, on a number of occasions, was late in paying his rental fee. Moreover, he subleased (with the permission of the prosecutor) one of the rooms in the apartment to a third party, to be used as a laundry. The agreement was that the defendant would pay for the sublet room "as he deemed appropriate." In fact, the defendant discontinued payments for the room after one month, though he continued subleasing the room. It is worth noting that the third party was generally accompanied by an additional company worker whose responsibility it was to oversee financial matters. On the last occasion, when the dismissed worker took away all of the equipment, this second employee was not with him.
The Claim:
(a) The prosecutor claims that the tardy rental fee payments constitutes a fundamental breach of contract, and he therefore seeks to nullify the contract between himself and the defendant; if the defendant is interested in continuing to rent the apartment, the two of them must write up a new contract. (b) The prosecutor demands rental payments for the period of time that the defendant subleased the room to the third party.
The Decision:
(a) If it was evident that the prosecutor rented because he was in need of punctual rental fee payments, tardy payments are sufficient grounds for nullifying the contract. (b) When the defendant made his one rental payment for the sublet room, he effectively revealed his intention as to the sum he "deemed appropriate," and this sum was rendered an integral part of the rental fee.
The Rationale:
The Talmud discusses (Bava Metzia 77b) a case in which one person sells his field to another but the buyer only pays a portion of the price. The seller proceeds to hound him for the remaining sum. Under such circumstances, says the Talmud, the field was never truly purchased.
Rashi explains that the fact that the seller must constantly demand payment from the purchaser proves that the former sold the field because he was in need of money, and he did not have this tardy payment in mind when he sold the field. In our case, it is clear that the prosecutor only leased the apartment in order to pay his mothers' nursing home fees, and that for this he needed prompt payments. Hence, late rental payments effectively nullify the contract.
The Nimukei Yosef explains (Bava Kama 9a in the pages of the Rif) that in the case of a tenant who subleases, there is a difference between subleasing with consent and subleasing without consent. When it comes to subleasing without consent, the rental payment obviously goes to the landlord. However, regarding subleasing with consent, the Nimukei Yosef writes that it is clear that the rental payment goes to the tenant.
He gives two examples of subleasing with consent: (a) where the landlord makes an explicit condition with the tenant allowing him to sublease, and (b) where the sublessee (the third party) has no more household members than the tenant, for in such a case the law allows the tenant to force the landlord to lease to somebody else---.
The Rama (Choshen Mishpat 363:10) cites the Nimukei Yosef, but only brings his second example. Perhaps he holds that only when the tenant has a lawful right to sublease does he receive the rental payment; if the right is granted him by virtue of an agreement, the rental payment goes to the landlord. In our day the accepted practice is to forbid the tenant from subleasing without explicit permission from the landlord.
It follows that the question of rental payment going to the tenant or the landlord depends upon how we understand the words of the Rema: Does or does not the rental fee go to the landlord in a case where the tenant is permitted to sublease by virtue of the landlord's consent? Though the Ktzot HaChoshen (ibid. 8) appears to hold like the Nimukei Yosef, the religious court ruled that this issue is undecided.
In our case, because the defendant possesses the right to the rental payment, it is impossible to take this from him. However, because the prosecutor made a condition with the defendant that should he desire sublease a room he will need to add to the rent, the tenant possesses no right of lease; rather, this right is pending - if he keeps his word and presents added rental fee to the prosecutor, he will receive the right, and if not, no. Since, in the end, the defendant did not pay the prosecutor for the right to sublease, it follows that he lost this right. Therefore, even according to the Nimukei Yosef, the rental fee for the room which the defendant subleased must go to the prosecutor.
Regarding the estimation of the rental fee, the Mishnah states (Bava Metzia 83b) that in a case where the parties do not explicitly state the amount, we go according to local practice. The Rif writes that if there are a number of rent rates, the landlord must go according to lowest of them because of the rule that "a person who wishes to remove something from somebody else's possession must bring proof [that it in fact belongs to him]."
In our case, seeing as the parties agreed that the defendant pay "as deemed fit in his eyes," it is obvious that everything depends on the good will of the defendant, unrelated to the accepted local rental fee in similar cases. However, because the defendant revealed the meaning of the term "fit in his eyes" which appeared in the contract, it became clear that this amount was binding and that he was obligated to pay it just as he was the rent fee appearing explicitly in the contract. Of course, if the prosecutor collects the rental fee for the room directly from sublessee, he must deduct a portion of the amount which he collects from the defendant.
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.
