Talmud Yerushalmi
Yerushalmi Bava Metzia 8:8 ירושלמי בבא מציעא ח׳:ח׳
Part of: Chapter 8
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משנה: הַמַּשְׂכִיר בַּיִת לַחֲבֵירוֹ לַשָּׁנָה נִתְעַבְּרָה הַשָּׁנָה נִתְעַבְּרָה לַשּׂוֹכֵר. הִשְׂכִּיר לוֹ לֶחֳדָשִׁים נִתְעַבְּרָה הַשָּׁנָה נִתְעַבְּרָה לַמַּשְׂכִּיר. מַעֲשֶׂה בְצִיפּוֹרִין שֶׁשָּׂכַר מֶרְחָץ מֵחֲבֵירוֹ בִּשְׁנֵים עָשָׂר זָהָב לַשָּׁנָה מִדֵּינָר זָהָב לַחֹדֶשׁ וּבָא מַעֲשֶׂה לִפְנֵי רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל וְלִפְנֵי רִבִּי יוֹסֵי וְאָמְרוּ יַחֲלוֹקוּ אֶת חֹדֶשׁ הָעִיבּוּר.
MISHNAH: He who leases a dwelling to another person by the year, if the year was intercalated42Before the publication of calendar computations in the Fourth Century, the uninitiated could not know which lunar year would be decreed to have a thirteenth month added to it., it was intercalated for the lessor. If he leased by the month, if the year was intercalated it was intercalated for the lessee. It happened in Sepphoris that a person leased a bathhouse from another for twelve gold denars per year, one gold denar per month43The contract was written so that the lease was both per year and per month. The rent for the thirteenth month was “money in doubt.”. The case came before Rabban Simeon ben Gamliel and Rebbi Yose who said, they should split the intercalated month.
MISHNAH: He who leases a dwelling to another person by the year, if the year was intercalated42Before the publication of calendar computations in the Fourth Century, the uninitiated could not know which lunar year would be decreed to have a thirteenth month added to it., it was intercalated for the lessor. If he leased by the month, if the year was intercalated it was intercalated for the lessee. It happened in Sepphoris that a person leased a bathhouse from another for twelve gold denars per year, one gold denar per month43The contract was written so that the lease was both per year and per month. The rent for the thirteenth month was “money in doubt.”. The case came before Rabban Simeon ben Gamliel and Rebbi Yose who said, they should split the intercalated month.
הלכה: הַמַּשְׂכִּיר בַּיִת לַחֲבֵירוֹ כול׳. וְהֵיכִי. אִם בְּשֶׁבָּא עָלָיו בְּסוֹף הַחוֹדֶשׁ גְּבֵיי לֵיהּ כּוּלָּהּ. וְאִם בְּשֶׁבָּא עָלָיו בְּרֹאשׁ חוֹדֶשׁ אֲמַר לֵיהּ. פּוּק לָךְ. שְׁמוּאֵל אָמַר. כֵּינִי מַתְנִיתָא. בְּשֶׁבָּא עָלָיו בְּאֶמְצַע הַחוֹדֶשׁ. רַב אָמַר. דִּינָא דָגַר. אָמַר רִבִּי לָא. לֵית דָּא פָשְׁטָא עַל שִׁיטַּת בֶּן נַנָּס דּוּ אָמַר. בִּיטֵּל לָשׁוֹן אַחֲרוֹן אֶת הָרִאשׁוֹן.
HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything44Since the tenant is already living in the house, the landlord is the claimant and on him is the burden of proof that the contract was written as a monthly lease.? And if he came to him at the beginning of the month, he can tell him, get out45The tenant claims that he has the right to live there rent free; the burden of proof is on him. The restrictions on evictions spelled out in Mishnah 8 only apply to tenants who are not in arrears with their payments.. Samuel says, the Mishnah is so: If he came to claim in the middle of the month46This is a case of “money in doubt”; Babli 102b.. Rav said, a rule to collect47He disagrees with the Mishnah and would have ruled for the landlord; Babli 102b. דָגַר is short for דְאָגַר; E reads here: דִּינָא דְגָרְדֵיי דָנוּ “they gave a judgment of weavers”. The text of L seems preferable.. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one48In Mishnah Bava batra 7:4. Since months are mentioned last, the lease is per month only and every month is payable. This is Rav’s reason in the Babli..
HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything44Since the tenant is already living in the house, the landlord is the claimant and on him is the burden of proof that the contract was written as a monthly lease.? And if he came to him at the beginning of the month, he can tell him, get out45The tenant claims that he has the right to live there rent free; the burden of proof is on him. The restrictions on evictions spelled out in Mishnah 8 only apply to tenants who are not in arrears with their payments.. Samuel says, the Mishnah is so: If he came to claim in the middle of the month46This is a case of “money in doubt”; Babli 102b.. Rav said, a rule to collect47He disagrees with the Mishnah and would have ruled for the landlord; Babli 102b. דָגַר is short for דְאָגַר; E reads here: דִּינָא דְגָרְדֵיי דָנוּ “they gave a judgment of weavers”. The text of L seems preferable.. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one48In Mishnah Bava batra 7:4. Since months are mentioned last, the lease is per month only and every month is payable. This is Rav’s reason in the Babli..