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Torah & Horaah — Landlord Let Me Leave Prematurely but Later Changed his Mind — Vayeira 5784

Выпуск: Torah & Horaah — Landlord Let Me Leave Prematurely but Later Changed his Mind — Vayeira 5784. Темы: не определены автоматически. The Institute for Dayanim And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Vayero 5784 260 c Question in Choshen Mishpot d By Rabbi Yosef Fleischman Landlord Let Me Leave Prematurely but Later Changed his Mind Question I rented an apartment and we signed a contract for a two-year lease. For example, if a loan, when he informed his borrower lender who does not have a formal loan- that he absolves his debt it is legally document, informs his borrower that he effective and his right to collect the loan is absolved from his obligation to repay a is gone. For example, if two parties agreement, the renter must perform one agree to a compromise it is not effective of the same three acts (kesef-pay money, (CM 12, 7) until they perform a formal act shtar-a contract, or chazoko-performing of kinyan, since in a compromise, people an act that demostrates possession) that may give away what they own. of a Jewish slave owns him (in a sense) and doesn't just have a right to receive his Many poskim cite the ruling of the Rivash work, the slave needs to make a kinyan (res 510) who was asked to decide a in order to terminate his servitude and dispute between a renter and his landlord. question depends on whether a rental However, before the landlord returned agreement is an act of acquisition or an the money the renter changed his mind agreement to grant each other rights: for and said he wanted to continue with the the renter the right to use the owner's rental. a borrower who gave his property as One indication that renting is an collateral for a loan with the stipulation acquisition is that the Gemoro (BK 79A) that the lender can use the property for writes that in order to legalize a rental a fixed amount of years and reduce the 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org principal of the loan accordingly. He that the borrower could not terminate cites as proof the ruling of the Rambam their agreement prematurely by repaying that if an ownerless object enters a his loan, then even if the lender verbally rented property the owner and not the gave the borrower permission to repay renter acquires ownership of the object earlier, he may change his mind

Издание

Torah & Horaah

Дата

3 ноября 2023 г.

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4