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SUMMARY
If on the day that a worker completed his job he claims that he was not yet paid, he swears that he did not receive the money and he collects it from his employer. (1)
If a person rented a house and on the day that the rental term was completed he claims that he already paid for the rental he is believed with a Shevu'ah. (2)
R. Nachman says if a person wrote a Shtar that he is renting his house to his friend for ten years and he claims that his friend already lived there for five years he is believed. (3)
If someone borrows a
utensil from his friend in his goodness if he makes a Kinyan in it he may use it as long as it is usable and when it is no longer usable he must return the broken pieces.
If someone asks his friend t lend him a shovel to hoe this orchard he may only hoe that orchard.
If he borrowed the shovel to hoe an orchard he may hoe any orchard even if it is very large.
If he borrowed it to hoe orchards he may hoe all of his orchards even if all that will be left of the shovel is the handle.
If someone agrees to lend his friend the use of this well to water his field if the well falls in and he digs another well he no longer has any obligation to the borrower.
If he agrees to lend his friend the use of a well and a Kinyan was made if it falls in and he digs it another well he must allow his friend to use it.
If he agrees to lend his friend a place in his property to dig a well and a Kinyan was made his friend may dig up his property until he finds a suitable place for the well.
Someone who rents a house to his friend and he says I am renting you a house like this if it falls down he is Chayav to replace it with a new house. (4)
If he rented him a small house he may not replace it with a big house and if it is a big house he may not replace it with a small house if he rented him one house he may not replace it with two houses if he rented him two house he may not replace it with a big house. (5)
Someone who rents a house to his friend and he says I am renting you this house if it falls down he is not obligated to replace it.
Someone who rents a house to his friend and he says I am renting you a house if it falls down he may replace it with any house even if it is not similar to the one he gave him originally.
When someone leases a field or becomes a sharecropper in a field he must follow the Minhag regarding whether to harvest or uproot the produce and regarding whether he must plow after the harvest.
In a place where the Minhag is for the sharecropper to plow the field after the harvest in order to destroy the weeds he must do so. (6)
A sharecropper takes a share in the straw and stubble just like he takes a share in the produce.
A sharecropper takes a share in the vines and the trellis just like he takes a share in the wine.
The owner and the sharecropper must jointly provide the wood for the trellis.
In a place where the Minhag is for the sharecropper to harvest he may not uproot the produce and in a place where the Minhag is to uproot the produce he may not harvest the produce.
In a place where the Minhag is for the sharecropper to take a share in the fruit of the trees even though it doesn't require any work the Minhag must be followed even if the sharecropper is given a larger share than usual.
In a place where the Minhag is for the sharecropper not to take a share in the fruit of the trees the Minhag must be followed even if the sharecropper is given a smaller share than usual.
The materials that are needed for the essential protection of the field must be provided by the owner and the materials needed for extra protection are provided by the sharecropper.
The owner must provide the tools that are required for the field and the sharecropper is responsible to dig an irrigation ditch.
If someone leases a field which requires irrigation or a field with fruit trees and the water dries up or the trees are chopped down he may not subtract from the lease payment. (7)
If he said lease me this field with an irrigation ditch or this field with fruit trees if the water dries up or the trees are chopped down he may subtract from the lease payment.
A BIT MORE
1. Even though Min ha'Torah the person who is defending a claim is the one who swears the Rabanan decreed that the worker swears because there is a Chazakah that an employer is busy with his workers and will forget that he didn't pay.
2. However, if prior to the end of the rental term he claims that he paid he is not believed because a person doesn't usually pay before his payment is due.
3. R. Nachman holds that the owner of the house is regarded as Muchzak on the house.
4. Although he must rebuild the same house as the old one however if the old house was on the banks of a river it is not necessary to rebuild the house on the banks of the river.
5. The new house must have the same number of windows as the old house unless they both agree to change it.
6. Even if it is a place where there is no Minhag to weed the field and he weeded the field and some of the weeds grew back he can't say I weeded the field so I shouldn't have to plow because he should have made it a condition when he received the field.
7. If the river dried up he may subtract from the lease payment because it is a Makas Medinah (it affects everyone).
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BRIEF INSIGHT
A RENTED HOUSE
Someone who rents a house to his friend and he says I am renting you this house if it falls down he is not obligated to replace it. The Ramban says although the owner is not Chayav to replace it however the renter is not obligated to pay for the time that he was not living there and if he paid in advance the money is returned to him. The Ramban says additionally that only if the house fell down after the renter was living in it he doesn't have to be replace it, but if the house fell down before the renter started living in it he must rebuild the house for him. The reason is if the owner is obligated to put up doors and a lock on a house that he is renting out certainly he may not give him a house that fell in for the rental.
QUICK HALACHAH
THE GOODNESS OF THE LENDER
If someone borrows a utensil from his friend in order to use it and he says lend me this item with your goodness, meaning you are not lending it to me in the usual fashion but rather in accordance with the goodness of your heart and your generosity that you are not Makpid on the amount of time that I have it, if he is Koneh it from the lender the borrower may use it forever until the utensil is no longer usable and he must return the broken pieces and the borrower may not repair the utensil and continue using it. According to some opinions someone who says lend me this utensil in your goodness he may use it forever and even if he returned it to the lender he may take it back whenever he needs it. But only if he was Koneh it from the lender but if he wasn't Koneh it he may not take it back once he returned it. (Shulchan Aruch CM 341:6)
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