rented

One who has hired a field from a Gentile [for a fixed amount from the produce], he first gives tithes [from the rental] and then gives it to him (the field owner). Rabbi Judah says: even if one rented from a Gentile a field which had formerly belonged to his fathers [for a share in the produce], he first gives tithes and then gives it to him.

A priest or a Levite who rented a field from an Israelite [for a share in the produce], just as they divide the non-sacred produce, so they divide the terumah. Rabbi Eliezer says: the tithes belong to them (the tenants), for they entered the field with this expectation.

If an Israelite rented a field from a priest or from a Levite [for a share in the produce] the tithes belong to the owners [of the field]. Rabbi Ishmael says: if a city dweller [from outside of Jerusalem] rented a field from a Jerusalemite, the second tithe belongs to the inhabitant of Jerusalem. But the sages say: the city dweller may go up and eat the second tithe in Jerusalem.

If an Israelite rented a field from a priest or from a Levite [for a share in the produce] the tithes belong to the owners [of the field]. Rabbi Ishmael says: if a city dweller [from outside of Jerusalem] rented a field from a Jerusalemite, the second tithe belongs to the inhabitant of Jerusalem. But the sages say: the city dweller may go up and eat the second tithe in Jerusalem.

[An Israelite] who rents olive trees [from a priest or a Levite] for [a share in the] oil: just as they divide the non-sacred produce, so they divide the terumah. Rabbi Judah says: an Israelite who rented [olive trees] from a priest or a levite for the oil for a share of half the profit, the tithes belong to the owner.

Two men who rented a field [for a share in the produce], or inherited [a field], or became partners in it: the one [who tithes] may say to the other [who does not tithe], “You take the wheat which is in this place and I will take the wheat which is in that place.” Or, “You take the wine which is in this place and I will take the wine which is in that place.” But he may not say to him: “You take the wheat and I will take the barley,” or, “You take the wine and I will take the oil.”

The only difference between one who is under a vow not to benefit at all from his neighbor, and one who is under a vow prohibiting food benefit, is in respect of walking [on his property] and [the use of] utensils not employed in the preparation of food. If a man is under a vow not to derive food benefit from his neighbor, he may not lend him a sifter, sieve, mill-stone or oven, but he may lend him a cloak, ring, garment, and earrings, and whatever is not employed in the preparation of food. In a place where things such as these are rented out, it is forbidden.

If a man rented a cow from his fellow and lent it to another, and it died a natural death, the hirer must swear that it died a natural death and the borrower must repay [its value] to the renter. Rabbi Yose said: “How can this one make business out of his friend’s cow? Rather [the value of the cow] returns to the owner.”

One who lends money to his fellow may not dwell in his courtyard for free or rent it from him at a reduced rate, since that counts as usury. One may increase rent-charge [not paid in advance] but not purchase price [not paid in advance]. How so? If his fellow rented him his courtyard, and said to him, “If you pay me now the cost is 10 selas per year, but if you pay me on a monthly basis, the rent is one sela per month”, this is permitted. However, if he sold him his field, and said to him, “If you pay me now it is yours for 1,000 zuz, but if you pay me at the time of threshing it will be 1,200 zuz”, it is forbidden.

If one rented a house to his fellow, he is obligated to provide it with a door, a bolt a lock and anything which is the work of a craftsman. However, that which is not the work of a craftsman, the tenant must make himself. The manure [which collects in the courtyard] belongs to the owner of the house, and the tenant can only claim the refuse from the oven and the stove.

If one rented a house to his fellow by the year and the year was made a leap year, the extra month goes to the tenant. If he rented it by the month and the year was made a leap year, the extra month goes to the owner. It once happened in Tzippori that a person leased a bath-house from his fellow at “twelve golden dinars a year, one dinar per month”, and [when the year became a leap year] the case came before Rabban Shimon ben Gamaliel and Rabbi Yose, and they said: “Let them share the extra month.”

If one rented a house to his fellow by the year and the year was made a leap year, the extra month goes to the tenant. If he rented it by the month and the year was made a leap year, the extra month goes to the owner. It once happened in Tzippori that a person leased a bath-house from his fellow at “twelve golden dinars a year, one dinar per month”, and [when the year became a leap year] the case came before Rabban Shimon ben Gamaliel and Rabbi Yose, and they said: “Let them share the extra month.”

If one rented a house to his fellow and it fell down, the owner must build him a new house. If it was small he may not make it larger, and if it was large he may not make it smaller. If it was one house, he may not make it two; if it was two houses he may not make it one. He may not reduce or increase the number of windows, unless it is with both of their consent.

The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated there: “One tithe that I will measure in the future is given to Aqiba ben Joseph that he should let the poor acquire it, and its place is rented to him.” But is Rebbi Aqiba entitled to take? Explain it, before he got rich. And even if you say, after he became rich, when he was an administrator, and the hand of the administrator is equal to the hand of the poor.

It was stated: “He who rents a flock may not help them to relieve themselves.” What means to help them to relieve themselves? He moves the animals from place to place. That is, if he rented them for a short time. But if he rented it for a longer period it is permitted; only the last day is forbidden.

It was stated: “He who rents a flock may not help them to relieve themselves.” What means to help them to relieve themselves? He moves the animals from place to place. That is, if he rented them for a short time. But if he rented it for a longer period it is permitted; only the last day is forbidden.

Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joḥanan: If somebody lent his measuring cup and found him using it, he does not have to say anything; much less if he rented it out.

Rebbi Ḥaggai distributed it pitcher by pitcher. Rebbi Eleazar distributed it pitcher by pitcher. Rebbi Ḥizqiah came to Rebbi Jeremiah and said to him, let me acquire that storage. He said to him, bind these coins together; then he said to him, for these the place is rented to me. He said to him, did you not take it out? Go back and acquire it!

Rebbi Jacob bar Zavdi, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody wanted to change his mind after he had promised a gift to another person, he may change his mind. Rebbi Yose was with Rebbi Jacob bar Zavdi; he said to him: Is that just no (Lev. 19:36) “and just yes?” He said, when he said it, it was a just yes. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. A baraita disagrees with Rav: “ Where did they say that movables are acquired by being drawn close? In the public domain or in a courtyard which is not their joint property. In the domain of the buyer, when the deal was accepted; in the domain of the seller one never acquires until either he lift it up or he draw and remove everything from the prior owner’s property. In the domain of a depositary he cannot acquire unless he gave permission or rented their place out to him.” What does Rav do with this? One is if he was standing with him, the other if he was not standing with him. Rav disagrees since Rav said, when I tell my family to give a gift to somebody, I never change my mind. You should know because somebody had given surety on salt; it rose in price. He came before Rav who said, either he should give corresponding to the surety or he should be given up to “Him who made pay”. The arguments of Rav are contradictory. There he says, when I tell my family to give a gift to somebody, I never change my mind and here he says so? There it is for a legal rule; what Rav did himself was a measure of piety.

MISHNAH: Heave vetch may be fed to domestic animals, wild animals, and chickens. An Israel who rented a cow from a Cohen feeds it heave vetch. A Cohen who rented a cow from an Israel may not feed it heave vetch even if he is required to feed it. An Israel who received a cow from a Cohen by appraisal may not feed it heave vetch. A Cohen who received a cow from an Israel by appraisal may feed it heave vetch. One lights “oil to burn” in synagogues, houses of study, dark passageways, and near the sick with permission of the Cohen. If the daughter of an Israel married to a Cohen is used to visit her father, her father puts up lights with her permission. One puts up lights at a wedding but not in a house of mourning, the words of Rebbi Jehudah; Rebbi Yose says, in a house of mourning but not at a wedding. Rebbi Meïr forbids in both cases, Rebbi Simeon permits in both cases.

MISHNAH: Heave vetch may be fed to domestic animals, wild animals, and chickens. An Israel who rented a cow from a Cohen feeds it heave vetch. A Cohen who rented a cow from an Israel may not feed it heave vetch even if he is required to feed it. An Israel who received a cow from a Cohen by appraisal may not feed it heave vetch. A Cohen who received a cow from an Israel by appraisal may feed it heave vetch. One lights “oil to burn” in synagogues, houses of study, dark passageways, and near the sick with permission of the Cohen. If the daughter of an Israel married to a Cohen is used to visit her father, her father puts up lights with her permission. One puts up lights at a wedding but not in a house of mourning, the words of Rebbi Jehudah; Rebbi Yose says, in a house of mourning but not at a wedding. Rebbi Meïr forbids in both cases, Rebbi Simeon permits in both cases.

MISHNAH: Rebbi Jehudah said, in earlier times they sent to the rural farmers, speed up your produce before the time of removal, until Rebbi Aqiba came and taught that any produce which did not reach the time of tithing is exempt from removal. If somebody’s produce was far from him, he has to give it a name. It happened that Rabban Gamliel was on a ship with the elders when Rabban Gamliel said, a tenth which I shall measure in the future is given to Joshua and its place is rented to him; another tenth which I shall measure in the future is given to Aqiba; he should distribute it to the poor, and its place is rented to him. Rebbi Joshua said, a tenth which I shall measure in the future is given to Eleazar ben Azariah and its place is rented to him. They paid the rent to each other.

MISHNAH: Rebbi Jehudah said, in earlier times they sent to the rural farmers, speed up your produce before the time of removal, until Rebbi Aqiba came and taught that any produce which did not reach the time of tithing is exempt from removal. If somebody’s produce was far from him, he has to give it a name. It happened that Rabban Gamliel was on a ship with the elders when Rabban Gamliel said, a tenth which I shall measure in the future is given to Joshua and its place is rented to him; another tenth which I shall measure in the future is given to Aqiba; he should distribute it to the poor, and its place is rented to him. Rebbi Joshua said, a tenth which I shall measure in the future is given to Eleazar ben Azariah and its place is rented to him. They paid the rent to each other.

MISHNAH: Rebbi Jehudah said, in earlier times they sent to the rural farmers, speed up your produce before the time of removal, until Rebbi Aqiba came and taught that any produce which did not reach the time of tithing is exempt from removal. If somebody’s produce was far from him, he has to give it a name. It happened that Rabban Gamliel was on a ship with the elders when Rabban Gamliel said, a tenth which I shall measure in the future is given to Joshua and its place is rented to him; another tenth which I shall measure in the future is given to Aqiba; he should distribute it to the poor, and its place is rented to him. Rebbi Joshua said, a tenth which I shall measure in the future is given to Eleazar ben Azariah and its place is rented to him. They paid the rent to each other.

A Mishnah disagrees with him who says that he who may take may acquire, since we have stated there: “One tithe that I will measure in the future is given to Aqiba ben Joseph that he should let the poor acquire it, and its place is rented to him.” But is Rebbi Aqiba entitled to take? Explain it, before he got rich. And even if you say, after he became rich, when he was an administrator, and the hand of the administrator is equal to the hand of the poor.

Rebbi Jeremiah in the name of Rav: If a courtyard has two gates and an Israel and a Gentile live there; for the Israel one goes after the usual, for the Gentile one goes after the unusual. If there were two Israel and the Gentile in between them, both for Israel and Gentile one goes after the usual. If he ceded the usual domain, the unusual becomes the usual. If he rented the usual domain, the unusual becomes the usual. If the unusual made an eruv, the usual one is not permitted.

Rav Ḥasdai said, each single one of ten Israel who dwell in one house must cede his rights. Rebbi Yasa said, each single one of ten Gentiles who dwell in one house must rent out his rights. Rebbi Abba said, it happened that a Persian’s wife rented out her courtyard without informing her husband. The case came before Rebbi Samuel and he declared it legal. They wanted to say, even his servant and farm-hand. Practice: An Israel cedes and the Gentile rents out. Then why should the Gentile not cede? He might change his mind. Then even if he rented out he might change his mind! From then on he would use it in robbery.

Rav Ḥasdai said, each single one of ten Israel who dwell in one house must cede his rights. Rebbi Yasa said, each single one of ten Gentiles who dwell in one house must rent out his rights. Rebbi Abba said, it happened that a Persian’s wife rented out her courtyard without informing her husband. The case came before Rebbi Samuel and he declared it legal. They wanted to say, even his servant and farm-hand. Practice: An Israel cedes and the Gentile rents out. Then why should the Gentile not cede? He might change his mind. Then even if he rented out he might change his mind! From then on he would use it in robbery.

It was seen by the rabbis, a certain donkey driver should pray and rain will come. The rabbis sent and brought him. They asked him, what is your profession? He said, I am a donkey driver. They asked him, what good deed did you do? He told them, once I rented out my donkey to a certain woman, and she was crying on the road. I asked her, what is your problem? She said to me, this woman’s husband is jailed and I have to see what to do to free him. I sold my donkey, gave her its value and told her, this is yours; free your husband and do not sin. They told him, you are worthy to pray and be heard.

Rebbi Ḥiyya bar Yosef sent after his wife. He said, three students should accompany her, so that if one has to absent himself for his needs, she should still be with two of them. But did we not state: “And they give him two scholars to prevent him from sleeping with her on the trip”? Rebbi Abin said, with her husband that makes three. {Also he rented a house for her and looked after her upkeep but was never alone with her except in presence of her children. He applied to himself the verse: “I exercised myself in my worry but found no rest”.}

Rebbi Ḥiyya bar Yosef sent after his wife. He said, three students should accompany her, so that if one has to absent himself for his needs, she should still be with two of them. But did we not state: “And they give him two scholars to prevent him from sleeping with her on the trip”? Rebbi Abin said, with her husband that makes three. Also he rented a house for her and looked after her upkeep but was never alone with her except in the presence of her children. He applied to himself the verse: “I exercised myself in my worry but found no rest”.

What is between them? Rebbi Joḥanan said, dedication is between them. In Rebbi Jehudah’s opinion, the first [owner] may dedicate. In Rebbi Meïr’s opinion, [only] both together may dedicate it. If it went up in price. In Rebbi Jehudah’s opinion, it increased for the first. In Rebbi Meïr’s opinion, it increased for the second. If it was rented out, in Rebbi Jehudah’s opinion, the rent belongs to the first. In Rebbi Meïr’s opinion, [the rent] belongs to both of them. If it improved, in Rebbi Jehudah’s opinion, the improvement belongs to the first. In Rebbi Meïr’s opinion, the improvement belongs to both of them.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air. Rebbi Dositheos ben Yannai said, if it was bitten by a snake. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber.

“If he rented a donkey and it developed eye trouble,” it was stumbling. “Or it was taken to government service.” There are Tannaїm who state, government service is like death; but there are Tannaїm who state, he tells him, here is your property before you. He who stated, government service is like death, if he can find an accomodation; he who says, he tells him, here is your property before you, if he cannot find an accomodation.

MISHNAH: Somebody who rented a donkey to use it to transport wheat but transported barley, grain but transported straw, is liable. How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey.

HALAKHAH: “Somebody who rented a donkey,” etc. “How much did one add to the load that he became liable? Symmachos said in the name of Rebbi Meïr: one se’ah for a camel, three qab for a donkey, one qab for a porter, and three se‘ah for a cart. But a ship according to its size”.

MISHNAH: Two brothers, one poor and one rich, to whom their father left a bath house and an olive press. If they were built to be rented out, the rental fees are common property. If he built them for his own use, the rich one tells the poor, buy yourself slaves and have them bathe in the bathhouse, buy yourself olives and process them in the olive press. If two people lived in the same town, both called Yose ben Simeon, they cannot write a bond one on the other or a third party on one of them. If somebody found between his bonds a bond of Yose ben Simeon which was paid off, the bonds of both of them are paid off. What can they do? They write three generations. If their names were identical for three generations, they should write a characteristic mark. If they had identical charateristic marks, they should write “Cohen”. If somebody said to his son, a bond among my bonds is paid, but it is not known which one it is, all his bonds are paid. If one finds there two [bonds] given by the same [debtor], the larger one is paid, the smaller one is not paid.

Rava said: This synagogue—it may be exchanged or sold [for secular purposes], but may not be rented out or pledged [to secure a loan]. What is the reason? [In the latter case] its holiness remains.