חדש באתר: עוזר בינה מלאכותית המבוסס על כתביו ושיעוריו של הרב מיכאל אברהם

Q&A: Usufruct Rights

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Usufruct Rights

Question

Regarding usufruct rights according to Reish Lakish, who holds that they are not like ownership of the principal object: is the right he has in the produce a real, tangible property right, or merely a legal entitlement?

Answer

At the moment I’m not immersed in this Talmudic topic, but the medieval authorities (Rishonim) disagree regarding rental: is it an acquisition or merely a legal entitlement? (Apparently this reflects a contradiction between passages in Bava Metzia and Avodah Zarah — “a sale for its days.”) The Taz holds that this is a usufruct acquisition (not ownership of the principal for the sake of its produce, but of the produce alone), and even according to his view this is not merely a legal entitlement but an acquisition. If so, usufruct rights too are not merely a legal entitlement, but a kind of acquisition. It seems to me that, simply speaking, according to Reish Lakish usufruct rights are certainly no less than that.

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