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Question fence

שו”תCategory: Talmudic studyQuestion fence
asked 2 years ago

Good evening!
I have a few questions as a questioner:
1- It is explained in the Ritva in Kiddushin, page 47b, that any lender from Torah can withdraw it (and indeed, with regard to the taking of an uncin, it is a taking, according to the words of the Toss there). And 22, so to what does the tenant’s right of use apply, and can he always withdraw it (since apparently the law of the Ritva also applies to renting, and not only to asking)?
2- The buyer has reduced the land, and as the Maimonides says, there is no question of land (and not only that he has reduced the liability). And 2nd, therefore, he belongs to the land lease, and apparently the rights of use arise from the taking of the object (which is how the right of use and also the liability of liability arise, as is proven from the first ones in the Book of Mormon, page 36b, who imposed the liability of onsin by taking it, and therefore there is no exemption “the angel of death, what is it to me, what is it to me?” and as every buyer cannot cancel the purchase after it has been violated, that is, the right of use arises from the fact that he took the object, and not that he only received permission and the right to use), and so to the extent that its taking did not occur, how did the right of use arise? Is it clear that there are two different rights of use – one that arises from taking, and the second in the actual cutting?
3- How is a tenant exempt from onsin and what is the point of paying, and to what extent does the mere fact of “all his enjoyment” obligate him in onsin and the borrower cannot be exempted since he took the enjoyment, and what he pays is an external giving and how does he forfeit the name of taking?


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0 Answers
מיכי Staff answered 2 years ago
  1. I don’t remember right now, but the property allows him to use it without being considered a usurper, as long as the lender hasn’t withdrawn it.
  2. There is a question about land, and it is only about payment charges. I don’t know what language you are referring to in the Rambam. For example, there are crime charges also in land.
  3. I didn’t understand the question.

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