web analytics
August 22, 2014 / 26 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Sandy!

Business-Halacha-logo

Hurricane Sandy ploughed through the eastern seaboard, leaving devastation in its wake: mandated evacuation, flooded houses, power outages, uprooted trees, and smashed cars. The storm also raised serious questions regarded rented properties: Does a tenant have to pay rent for the time his house was affected by the storm?

Rabbi Dayan’s yeshiva was forced to remain closed for a few days due to lack of electric power. When it reopened, the students were bursting with questions, sharing the experiences of their families, spread across the affected region.

Some felt tenants should not have to pay for the time they were unable to use the house and should even get a refund if they prepaid. Others thought they should still have to pay. The dispute raged vehemently in the class.

Rabbi Dayan quieted the students. “Circumstances vary, so that it is impossible to provide a single ruling on this complex question,” he said. “The answer depends on whether the premises were unusable because of evacuation guidelines, actual damage due to water, loss of electricity due to major shutdowns, or trees falling on individual wires. If the house was rendered completely unlivable, the tenant likely does not have to continue paying rent [C.M. 312:17]. However, even if not so, it is important to introduce the concept of makkas medina, a calamity of widespread damage.”

“Where is this concept found?” asked Aryeh.

“The Mishnah [B.M. 105b] addresses the case of a person who leased a field and the grain was devoured by locust or shriveled by an intense heat wave,” answered Rabbi Dayan. “If the devastation was makkas medina, widespread devastation, he is entitled to a deduction from the rent. However, if the plague was not widespread, he must pay the full amount.”

“What constitutes a makkas medina?” asked David.

“The Gemara defines makkas medina when the majority of fields in that plain were damaged,” replied Rabbi Dayan. “The Shulchan Aruch, citing the Rambam, writes, ‘The majority of the fields of that city’ [322:1]. The rationale appears to be that if the majority of the region was affected, we cannot attribute the loss to an individual’s misfortune; otherwise, we attribute the loss to the misfortune of the renter. In a vast city, such as New York, we might treat individual neighborhoods separately.” (See also Aruch Hashulchan 312:36: “If the whole city was burned, not literally, but there was a great fire, Heaven forbid…”)

“How much of the rent can be deducted?” asked Shlomo.

“The Mishnah does not specify,” replied Rabbi Dayan. Rama [312:17] indicates that the loss is borne completely by the landlord; some suggest that it should be shared between landlord and tenant [See SM"A 321:6]. Regardless, if one person’s fields were damaged more severely than most others, we deduct more from his rent, since the event, as a whole, is determined a makkas medina.” (SM”A 322:3)

“What about fact that the tenant didn’t cancel his rental and continued to keep his possessions there?” asked Moshe.

“This is subject to a dispute between Maharam Padua and the Rama,” said Rabbi Dayan. “Maharam Padua limits the application of makkas medina to situations where the loss is already done, such as locust. However, regarding future inability to use, the renter has the right to retract; if he doesn’t, he cannot demand to retroactively deduct from his rent. The Rama, however, disagrees. He maintains that in a makkas medina the tenant is entitled to a reduction retroactively, even if did not retract [321:1]. A number of later authorities, though, side with Maharam Padua’s opinion.” (See Pischei Choshen, Sechirus 6: 29 at length.)

“What about people who evacuated, but no actual damage occurred to the houses?” asked Ephraim.

“Ketzos [322:1] cites the case of people who fled from a city because of danger but the houses were left intact,” said Rabbi Dayan. “Maharam rules that the landlord does not have to return the full amount since the house is intact and another tenant may have chosen not to evacuate. Machaneh Ephraim also rules that in such a situation, if the rent was prepaid, the tenant is not entitled to a refund. Others dispute this point.” (See P.C., Sechirus 6: 30.)

“And what about workers who were unable to work during this time?” asked Yigal.

“The concept of makkas medina is also relevant here,” said Rabbi Dayan. “The Rama [321:1] cites from the Maharam that in such a case the loss is the employer’s. However, Aruch Hashulchan [334:10] suggests that this applies only if the worker himself was available; otherwise the loss is his. Chasam Sofer recommends compromising.”

“Wow! This is overwhelming,” commented Eli.

“Just as it takes time to repair the effects of the storm,” said Rabbi Dayan, “it will also take time to clarify the complex Choshen Mishpat issues involved.”

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Sandy!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Photo: Rotter.net / Tikonist
Live Updates: Ashdod Shul Hit by Rocket (Latest Update: 5:28 pm)
Latest Judaism Stories
Parsha-Perspectives-logo

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

PTI-082214

Who does not want to get close to Hashem? Yet, how do we do that?

Weiss-082214-Beloved

Hashem recalls everything – nothing is hidden from His eyes.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

An interview was overheard in which an Arab asked a Hamas commander: “What’s the problem? Why aren’t you hitting your targets? Don’t you know how to aim?” To which he was answered: “We know how to aim very well. We are experts. But their G-d moves the missiles.”

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

Rabbinic law is pivotal but it’s important to understand which laws are rabbinic and which biblical.

We give slave gifts? If he wants to stay, we pierce his ear?!

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

Business-Halacha-logo

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/sandy/2012/11/08/

Scan this QR code to visit this page online: