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Week 103 - Monday - 12 November 2001

BAVA METZIA: CHAPTER 8: MISHNAH 7

If one lets a house to his fellow, the one letting it must provide a door, a bolt, and a lock, and whatever is the work of an artisan. But whatever is not the work of an artisan, the renter must do it. The manure belongs to the householder; the renter has only what comes out of the oven and the stove.

Kehati

If one lets a house to his fellow, the one letting it must provide - the tenant with - a door - proper doors for a house, to make - a bolt, and a lock - for the doors - and whatever is the work of an artisan - i.e., can only be made by a master craftsman, such as opening up windows, reinforcing the ceiling, and similar works (a baraita quoted in the Gemara).

But whatever is not the work of an artisan - such as a railing or a ladder (a baraita quoted in the Gemara) - the renter must do it - at his expense. The custom of the land is followed in all these matters (Rambam).

The manure - which accumulates in the courtyard from the animals belonging to others. During the period of the Mishnah, houses opened onto a courtyard, and those renting the houses used the courtyard for many purposes. Villagers who came on market days used to bring their animals into the court-yards of the householders, where they fed the animals. Manure accumulated there. The owners of the animals ordinarily renounced ownership of the manure, and it all belongs to the owner of the courtyard (Hameiri). The mishnah teaches that if the one who rented the house did not rent the courtyard, but had permission to use it for the activities usually conducted in a courtyard, all the manure which accumulated there from the animals of others - belongs to the householder - i.e., the landlord, even if he was unaware of this, since a person's courtyard acquires possession for him, even without his knowledge. The manure which accumulated from the tenant's animals, however, belongs to the tenant (Gemara B. M. 102a, Rashi loc. cit.). Some commentators state that even if the courtyard itself was rented, the manure from the animals of other belongs to the landlord (Hil. Sekhirut 6:5; see Hasagat Rabad; Maggid Mishneh);

The renter - of the house - has only what comes out - the ashes - of the oven and the stove - of the landlord, which stand in the courtyard, and which are rented to the tenant of the house to do his cooking in them. The mishnah teaches that since they are rented to him, even if others came to cook and bake in them, the ashes belong to the renter (Tur 113, citing Rema; Hameiri; see also Tosefot Yom Tov).

BAVA METZIA: CHAPTER 8: MISHNAH 8

If one lets a house to his fellow for a year, and the year became a leap year, it became a leap year for the renter. If he lets to him monthly, and the year was proclaimed a leap year, it became a leap year for the landlord. It once happened in Tzippori that a person hired a bathhouse from his fellow for twelve of gold a year, one gold dinar a month; the case came before Rabban Shimon ben Gamliel and before Rabbi Yose, and they said, They shall divide the intercalated month.

Kehati

During the period when the month was sanctified by sighting the new moon, the leap year (i.e., the addition of an extra month, Adar Bet) was also determined by the court in accordance with what they saw would happen during that year, e.g., whether or not the festival of Passover would fall that year in the spring or not. This is in accordance with the verse in the Torah, "Observe the month of the spring, and observe the Passover" (Deut. 16:1), or other factors (as is explained in the Gemara, Sanh. 1 lb). This mishnah deals with a person who rents a house either on a yearly or monthly basis, with the court later declaring a leap year. The mishnah discusses whether the tenant is obligated to pay for the intercalated month.

If one lets a house to his fellow for a - certain sum per - year, and the year was proclaimed a leap year - by the court, which added the month of Adar Bet to the year, as has been explained in the introduction to this mishnah - it became a leap year for - the benefit of - the renter - and he is not obligated to add rental money for the intercalated month, since it is included in the year. If he lets to him monthly - i.e., they agreed on a certain rental sum per month - and the year was proclaimed a leap year, it became a leap year for - the benefit of - the landlord - and the tenant is obligated to pay him for the intercalated month as well.

The Gemara explains that a passage missing in the Mishnah should be inserted here: And if he - the landlord - told him - the tenant - For twelve dinars a year, a gold dinar per month - i.e., he fixed with him both a yearly rate and a monthly one - they - the landlord and the tenant - shall divide - between them the rental money for the intercalated month. I.e., the tenant pays the landlord half of one month's rent.

This passage is to be followed by: It once happened in Tzippori - a city in Galilee - that a person hired a bathhouse from his fellow for twelve - dinars - of gold a year, one gold dinar a month - and it transpired that the year was a leap year; the case came before Rabban Shimon ben Gamliel and before Rabbi Yose, and they said, They shall divide the intercalated month - The commentaries explain the reason for their ruling: since we cannot determine whether to base our ruling on the first part of their agreement or the second part of their agreement, we say that the case is in doubt, and that they must divide (Rashi, Bartenura). The law, however, is not in accordance with this ruling. The intercalated month is to the advantage of the landlord. This is so since the land is in the possession of the landlord, and property is not taken away from the owner of land without a clear proof (the opinion of Rabbi Nahman in the Gemara; Hil. Sekhirut 7:2).

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