By From writings of Harav Chaim Kohn shlita | |||
#307 |
Achrei Mos |
4.05.2016 |
N/A |
Q: Does rental grant the renter aspects of ownership?
A: Rental is the acquisition of usage rights in another’s property, whether real estate or movable, for compensation.
“Rental is a sale for that day” (B.M. 56b), but this does not mean that the renter acquires temporary ownership of the rented item. Thus, a Kohen may not feed terumah to an animal that he rented. Similarly, one may not rent a house to a gentile who will bring idols into it, since the Jewish owner will still violate the prohibition “lo savi to’eivah el beisecha” (Mishnah Terumos 11:9; Y.D. 151:1; see, however, Shach 151:17).
The Rishonim dispute whether rental acquires only the usage rights, or also rights in the item itself for its usage. Thus, if a person betroths a woman with a rented ring, some say that he has no rights in the item itself, while others maintain that it is considered his for this use (Rambam, Hil. Sechirus 7:1; She’eilah U’pikadon 1:5; Maharsham 7:205; E.H. 28:19).