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Torah & Horaah — Beshalach 5783

Выпуск: Torah & Horaah — Beshalach 5783. Темы: family_education. Поисковые термины: воспитание, дети, семья, chinuch, family, חינוך, ילדים, משפחה. specifically mentions that if there were four If your tenant did not have the right to people in the first family the tenant may not sublet, if he nonetheless did sublet for a rent to a family of five.) larger amount the Ramo (CM 363, 10) rules The Rambam mentions that there is an that you are entitled to the additional rent. When you found a new tenant who is or the size of the family who rented is larger willing to pay more and you rented to him, than the first tenant’s family, even if the first you effectively terminated the first rental renter found the tenant, the first tenant has at that time, which you had the right to do. When the first tenant found out that the second tenant was going to pay more, he said that he is willing to remain responsible for the apartment and he was entitled to the extra rent since the apartment was still under lease to him and he was entitled to sublet the apartment. Answer Since the basis for your tenant’s claim is that The case that is discussed is rental of he has the right to sublet the apartment, we movable objects, where the Gemara (Gittin should first consider this issue in a general 28A) notes that the Mishna rules that a sense. The issue of whether a tenant has the right The Rambam (Sechirus 5, 5) derives from a to sublet an apartment is never discussed ruling of the Gemara concerning boat rental directly in the Gemara, and there are three that a tenant is allowed to sublet a house opinions among the Rishonim. However, if he has the right to sublet and The third opinion is the Maharam of he rented out the property, he is entitled to Rottenberg who agrees with the Rambam the additional amount since he owns the that a tenant may sublet but is more lenient right to sublet your property by virtue of than the Ramabam in that he permits his paying rent for your property. to rent to the new tenant depends on two In the Rambam’s ruling that one may sublet, 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org he adds that in his opinion if the owner is recording this halacha. He gives as his source the only if the tenant no longer has any reason pasuk in Mishlei (3, 27), “Do not withhold to hold on to the property the Rambam

Издание

Torah & Horaah

Дата

3 февраля 2023 г.

Страниц

3

Темы: family_education