תשלג. בא אחד לפני רב נטורנאי שיהודי שמגרים ומאנס את חבירו ומפסידו ועונשו ממון ואין עדי' באותו אונס מה נעשה והשיב כך הדין שהשמגרים שאינו יכול לשבע [מפקיעי'] דהיכא [אמרי] כל הנשבעי' נשבעי' ולא משלמי' ה"מ היכא דקים להו עלה דמלתא אבל [הכא] כיון דסתם גוי [אנס] הוא אית טעם לנגדם במלתי' ומשתבע הנמסר ושקל.
Q. A rented two houses from a Gentile. He, subsequently, agreed to sublet one house to B on condition that B pay him the rent at the time the rent for both houses becomes due, even though it be before B lived in the house a year. When the time came for A to pay the rent for both houses to the Gentile, B refused to pay his share. A, therefore, demanded that B move out. B refused to do so, claiming that he rented the house for three years. A, however, claimed that he rented the house for one year only. An arbitrator decided that the rental period be set at two years. After B lived in A's house for sixteen months, he moved out leaving some of his furniture till the end of the second year. A, therefore, demands rent for two years. A. A is entitled to the entire rent for two years. A would be entitled to such rent even though B had not left some of his furniture till the end of the second year; for, B failed to give sufficient notice to A, which notice would have enabled A to find another tenant for his house. SOURCES: Pr. 833.
תשלג. בא אחד לפני רב נטורנאי שיהודי שמגרים ומאנס את חבירו ומפסידו ועונשו ממון ואין עדי' באותו אונס מה נעשה והשיב כך הדין שהשמגרים שאינו יכול לשבע [מפקיעי'] דהיכא [אמרי] כל הנשבעי' נשבעי' ולא משלמי' ה"מ היכא דקים להו עלה דמלתא אבל [הכא] כיון דסתם גוי [אנס] הוא אית טעם לנגדם במלתי' ומשתבע הנמסר ושקל.
Q. A rented two houses from a Gentile. He, subsequently, agreed to sublet one house to B on condition that B pay him the rent at the time the rent for both houses becomes due, even though it be before B lived in the house a year. When the time came for A to pay the rent for both houses to the Gentile, B refused to pay his share. A, therefore, demanded that B move out. B refused to do so, claiming that he rented the house for three years. A, however, claimed that he rented the house for one year only. An arbitrator decided that the rental period be set at two years. After B lived in A's house for sixteen months, he moved out leaving some of his furniture till the end of the second year. A, therefore, demands rent for two years.
A. A is entitled to the entire rent for two years. A would be entitled to such rent even though B had not left some of his furniture till the end of the second year; for, B failed to give sufficient notice to A, which notice would have enabled A to find another tenant for his house.
SOURCES: Pr. 833.