A Short Tribute

Concerning the occupancy of a house, rented from him by Moussa for a period of time at a low rate, and now that prices of homes have risen, he seeks to increase the rent…
I ruled that he cannot now add to the rental fees since, despite the rise in prices of homes, he remained silent and didn't raise the rent and, as a matter of fact, collected from him every month at the low rate; he may therefore not add anything at all to the fee.

Torah scholars with a passion for Torah, who act appropriately and are not idle from study except for their livelihood needs, even if they be very rich people, are exempt from all types of taxes, as Maimonides wrote in his commentary to the Tractate Avot, and as Rabbi Yehoseph Halevi instructed as well, and as the HARAN [Nissim of Gerona, 1315 – 1376, Spain] wrote in the name of the RAMA [Meir ben Todros HaLevi Abulafia, 1170 – 1274, Spain] and concluded: It is not because of their poverty that they are exempt but because of their Torah learning, and therefore whoever approaches them acts as though he damages the apple of his eye.

Stopping over, living here in the city of Gibraltar, may G-d protect it, until G-d will look from the heavens and see, and redeem me from the enslavement of my exile with the compassion of the merciful Father, may G-d soon redeem you.

Reuven sold Simon gold rings, and Simon sold them to Levy and they received monies from each other. Levy subsequently demanded to return the rings to Simon, claiming that the rings were joined with silver only, and not with a mixture of gold and silver as was the custom of old. Simon replied that this case was not one of erroneous transaction, since all rings made in our day are joined thus, of unalloyed silver only, and this is not a case of imitation… It is well known among Jews that rings made in our day, in keeping with the market vendors wishes, are joined with silver only, and a buyer buys according to current custom. The obvious and evident fact of the matter is that their sale price is at rates far below the rate for gold, and since this fact is simple and known throughout the city, what basis can there be to consider this an erroneous transaction, even if it is an imitation…?
We learn from this that the case of even a complete imitation, such as our case – made of gold but contains silver – when it customary to fashion imitations, is not termed an erroneous transaction. Even in the case of a complete defect, the customer must swear that he knew not of the defect or was reconciled to it. In such a case, the vendor reimburse the money he took, minus his profit from the transaction, as in the law for cattle and land.

The haskama [decree] reached by a minority within the community, according to which he is to close the shop he opened…their reason being that it appears to them that it causes damage to those passing through the public domain, since the location where the shop opened is a juncture of the world's four winds, and Sons of the Covenant [bnei brit, i.e. Jewish people], as well as others - who are not Sons of the Covenant - congregate there. And when the shop is set up there for buying and selling even more people congregate, bringing on additional damage. The women on their way to the ritual bath must pass by there, and they pass by the non-Jewish people who have come to buy from the vendor, and must return to bathe again, at times their bathing may be prevented due to the presence of non-Jewish people that might perchance be there…
We considered the haskama and the reasons it cites… and saw that it is constructed along unformed lines and upon void fundaments, and that they have no clear reason…to shut down his shop, which he built in the public domain, in a place where people come and go. Where, if not there, should he set up shop?! As a matter of fact, it is a place fit for a shop, since it is public domain, and a place where people come and go. To withhold his livelihood and deprive him of income…it is certain that they have not the right to deprive a person of income so as to satisfy their wish, no person would ever say so.
And as to the damage they consider is caused by the shop to those in the public domain, we saw no additional damage being caused, even according to their claim, for the location is indeed a juncture of the world's four winds, where people come and go, both Sons of the Covenant and those who are not Sons of the Covenant. If so, what is to be gained or lost in setting up shop to sell olive oil and butter and honey in that place, since it is fit for passersby and it is a large market…?
It is but a pretext they seek, and slanderous words to ignite the fire and the raise the flames - in order to have more fights and arguments with the shop owner. Whether they have a conflict with him or not, they have discovered an excuse to create disharmony, as is their custom. For nowhere do we find that a townspeople can hold back an individual, who is one of them, from setting up shop in the public domain to earn a livelihood…neither did we find that a shop was disallowed in town because the women pass by the shop on their way to the bathhouse. Such things are done every day, in all places.