Paying rent on time

Post Views: 3,226

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.]

___________________________________________________________________

[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

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

Leave A Comment?

You must be logged in to post a comment.