Sunday, January 18, 2009

Bava Kamma 21 - This One Benefits, The Other One Does not Lose (Torts)

The case of one living in the house of his fellow without the latter's knowledge is, in essence, "this one benefits and this one does not lose," and the final decision is that the squatter doesn't need to pay rent.

Additional support for this ruling comes from "...through desolation the gate is broken apart," meaning that demons of desolation ruin the house, or alternatively from the reason that the residents see what needs repair and attend to it. What is the practical difference between these two reasons? Using the house for storing wood and straw.

Art: An Interior with a Stove and a View into a Dining Room by Carl Vilhelm Holsoe

No comments: