From the Ravs Desk: Latest articles and Q&A [Tuesday 1st Iyar 5785]

Is the renter responsible for fixing the window shutters and window shades that broke?[1]

Whether a renter must fix broken shutters depends on the lease agreement and the cause of the damage. Generally, unless stated otherwise in the lease agreement, if the shutters broke due to normal wear and tear or age and requires a professional to fix, the landlord is responsible for repairs. If, however, the damage was caused by the tenant’s negligence or misuse, or if it is an easy amateur fix, then the tenant is required to fix the shutters or cover the repair costs.

[1] See Michaber 301; 312:17 [Maskir Chayav]; Rama C.M. 314:1 [Maskir not Chayav]; Smeh 314:7 [Mazalo Garam]; Nimukeiy Yosef in name of Ritva [source of Rama]; Ramban Bava Metzia 103a [source of Michaber ibid]; Bava Metzia 103a; Shut Harosh Kelal 35:6; Ketzos Hachoshen 314:1 [Asks on Rama ibid]; Aruch Hashulchan C.M. 314:3-4 [rules like Michaber]; Asher Chanan 1:112; Emek Hamishpat Dinei Sechirus Batim 35-36; Emunasecha Asicha 9 p.41 [Maskir must fix if is Maaseh Uman, if not stated in contract]; Nesiv Hasechirus 4:10 [Maskir must fix]; Mishpat Hasechirus [Tolidano] 5 footnote 4

Can one who missed Maariv at night and needs to Daven Tashlumin by Shachris be the Chazan and have his Chazaras Hashatz count towards his Tashlumin?[1]

Yes. In the event that one needs to make up a Tashlumin prayer and he is serving as the Chazan for the current prayer, then upon his recital of the repetition he is to have in mind to fulfill his Tashlumin prayer with it, in addition to his intent to repeat the prayer for the sake of fulfilling the obligation of those who are not expert in the prayer. [When Davening Chazaras Hashatz as a Chiyuv of Tashlumin, one is not obligated to recite Elokaiy Nitzor quietly at the end of his repetition, although he should take three steps back.[2]]

[1] See Admur 108:6; M”B 108:6; Ketzos Hashulchan 28:2; Piskeiy Teshuvos 89:6

[2] Piskeiy Teshuvos 122:3; To note however that in such a case many are accustomed to recite Elokaiy Netzor despite it being a Tircha Detzibura. Vetzaruch Iyun as to their source; See Admur 122:1 for the background of Elokaiy Netzor.