Paying rent on time

Paying rent on time:

Rent of object:[1] It is an obligation to pay rent for an animal or item on time, and if one delays doing so he transgresses a negative command.[2]

Rent of land/house:[3] Some Poskim[4] rule one who does not pay land related rent on time does not transgress [the prohibition] against delaying payment.[5] [However, other Poskim[6] rule one does transgress the Biblical prohibition of delayed payment even by rentals of land. Practically, some Poskim[7] conclude one may be lenient regarding rental of actual land, however regarding rental of a house one is to be stringent. Others[8] however conclude that one must be stringent in all cases.]

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[1] Admur Sechirus 11; ; Michaber C.M. 339/1; Rambam Sechirus 11/1; Baba Metzia 111a

[2] The reason: Just as it is a Mitzvah to pay a worker on time, and if one delays payment he transgresses a negative command, as explained above, so too it is a Mitzvah to pay rent for an animal or item on time, and if one delays doing so he transgresses a negative command. This is learned from the verse [Devarim 24/14-15] “Lo Sashok Sechar Ani Vievyon Meiachecha Oi Migercha Asher Beartzecha Bisharecha Biyomo Titen Secharo etc.” What is the meaning of the word “Beartzecha/in your land”, do we not hold that all body dependent Mitzvos apply both in Israel and the Diaspora? Rather, it is coming to teach that all matters [of commerce that are accustomed] in lands must be paid on time. [Admur ibid; Smeh 339/2; Braisa Bava Metzia 111b]

[3] Admur ibid; Michaber C.M. 339/1; Tur 339

[4] Rameh [Rav Meir ben Turdos Halevi Abulafia, a Rishon who lived in 1170-1244]

[5] The reason: As the verse states “Beartzecha/In your land” and not “Arztecha/Your land.” [Admur ibid; Smeh 339/2; Bach 339; Beir Hagoleh]

[6] Semag Lavim 181; Yireim Mitzvah 263; Toras Kohanim Kedoshim; Biur Hagr”a brought in Shaar Mishpat and Pischeiy Tehsuvah 339/1

[7] Ketzos Hachoshen 339/1, brought also in Pischeiy Tehsuvah 339/1

The reason: As perhaps a house has the status of an item and not of land [See Rama and Shach 95], and by a Biblical prohibition one needs to be stringent. [Ketzos Hachoshen ibid]

[8] Shaar Mishpat, brought in Pischeiy Tehsuvah 339/1, that one must suspect for the latter opinion by a Biblcial prohibition; Aruch Hashulchan 339/2 that the main opinion follows the stringent opinion

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