Weekly Daf #36
Bava Metzia 114 - 119 - Issue #36
7 - 12 Cheshvan 5755 / 12 - 17 October 1994
This publication is also available in the following formats: Explanation of these symbols
|The Case:||A landlord says to his tenant when they make a lease: "I am renting you the upstairs which is on top of this house which I live in." During the period of the lease the ceiling between them collapses. The landlord refuses to make the repairs necessary for the upstairs to be habitable again and offers instead to provide the tenant with living quarters in one of his other houses.|
|The Ruling:||The tenant has the right to move in downstairs with the landlord until he makes the necessary repairs for enabling him to return upstairs.|
|The Reason:||Had the landlord only been obligating himself to providing living quarters for the tenant it would have sufficed for him to say "I am renting you the upstairs of the house," since he pointed out the upstairs of the house he lives in. By adding the words "which is on top of the house which I live in" he placed a legal claim on his downstairs apartment to serve as a base for his tenant's living quarters. He must therefore make the necessary repairs for it to support the upstairs apartment or to allow his tenant to utilize it as temporary quarters until such repairs are made.|
When Reason Is NOT Enough
The Torah's prohibition to take anything of value from a widow as security for a loan extended to her, says Rabbi Shimon, is limited to a poor widow. Since you must return this item to her when she needs it and reclaim it when she does not, you will be seen regularly entering her home and thus giving her a bad reputation. This, he concludes, is inapplicable to a widow of means who is not in need of the collateralized item. The prohibition therefore does not relate to her.
Rabbi Shimon's approach of limiting the application of Torah law in accordance with our understanding of the law's reason is not accepted by the majority view and the ruling is that the aforementioned prohibition applies to any widow, rich or poor.
General Editor: Rabbi Moshe Newman
Production Design: Lev Seltzer
HTML Design: Eli Ballon
© 1994 Ohr Somayach International - All rights reserved. This publication may be distributed to another person intact without prior permission. We also encourage you to include this material in other publications, such as synagogue newsletters. However, we ask that you contact us beforehand for permission, and then send us a sample issue.
This publication is available via E-Mail
Ohr Somayach Institutions is an international network of Yeshivot and outreach centers, with branches in North America, Europe, South Africa and South America. The Central Campus in Jerusalem provides a full range of educational services for over 685 full-time students.
The Jewish Learning Exchange (JLE) of Ohr Somayach offers summer and winter programs in Israel that attract hundreds of university students from around the world for 3 to 8 weeks of study and touring.
Ohr Somayach's Web site is hosted by TeamGenesis
Copyright © 1994 Ohr Somayach International. Send us feedback.
Dedication opportunities are available for Weekly Daf. Please contact us for details.