Lesson # 342 (part two) • Partition of Real Property Can Reuven, one of the worshipers, place a wooden or other type of separation between his seat and the next seat occupied by Shimon? Shimon protests that if the partition is installed he will not be able to sit comfortably. Reuven may install the partition. Reuven’s partition must be low enough not to bloc out the light coming to Shimon’s seat. Reuven has a seat on a bench that has five seats and Shimon has the seat next to Reuven, the second seat from the aisle. Reuven wishes to add to the bench by placing another seat into the aisle and to add a partition between his new double seat and Shimon’s seat. Shimon protests that he will now be the third seat from the aisle instead of the second seat from the aisle. This assumes that the second seat from the aisle is more expensive to purchase or is more prestigious than the third seat. Shimon will be able to prevent Reuven from adding to the bench and from setting up the partition. Reuven will be so prevented although Shimon cannot prevent Reuven from sharing his seat with another person. Assume that Reuven is wealthy and has purchased many seats in the synagogue. The officers of the synagogue wish to add chairs and benches in some of the vacant spots in the synagogue and thus provide more seats for those who need them. Reuven protests such additional chairs saying it will interfere with his getting around the synagogue by making him take a longer route to reach the reader’s platform or making it too narrow for him to proceed around the synagogue. The better view is that Reuven cannot prevent such additional seats and benches if there are no longer any seats available to those who wish to purchase them. If there are seats available but not so well located then Reuven can prevent the additional seats and benches until all of the available seats and benches have been sold or distributed to members. In cases where the custom of the community is that if a member does not occupy his seat for a prolonged period the seat must be rented to one who will use it, then the custom of the synagogue must be followed. If any of the members of the synagogue wish to build another synagogue they may do so and may not be hindered by the members of the old synagogue, unless Beth Din determines that some untoward result will flow from building the new synagogue. Just a few word about partial partition: If a field owned by Reuven and Shimon is eighty square feet, the halacha will not compel partition since the division will leave them with less than forty-nine square feet each. Shimon cannot require that Reuven will receive by partition fifty square feet and that Shimon will receive an area of thirty square feet and that Reuven pay to Shimon for the additional twenty square feet that Reuven received. Reuven can demand that Shimon will either buy Reuven’s interest or sell to Reuven Shimon’s interest in the entire eighty square feet. However, if Reuven and Shimon jointly own a yard containing eighty square feet and Reuven owns a sixty-five percent interest in the yard and Shimon owns a thirty-five percent interest in the yard, Shimon may insist on partition since Reuven will then own the requisite amount for a partitioned area (fifty-two square feet). But Reuven may not insist on partition since then Reuven will own but twenty-eight square feet. Tanach consists of twenty-four books. If they are all written on one scroll as is the Torah, it may not be partitioned by dividing the scroll into parts. (An individual owner may divide such a scroll into its component books. But it is not seeming for joint owners to so treat Holy Writings.) If they were divided into two scrolls, they may be partitioned. As was stated above and in last week’s lesson, either Reuven of Shimon, the joint owners of the land, may demand partition if the land is divisible and contains a certain minimum dimensions. In the case of personal property it must be capable of being divided. Reuven and Shimon are given this right since they should not be required to be joint owners against their will. As was stated, this does not apply to a business partnership or even a joint venture in the ownership of land for a specific period that is governed by agreement or partnership law. We shall now discuss the situation where the land or thing jointly owned by Reuven and Shimon does not lend itself to partition or does not contain the requisite minimum dimensions that will enable Reuven as a matter of right to demand partition. Reuven wants to sever himself from the joint ownership of the land. In such a situation, Reuven has the right to demand Shimon either sell his share in the real estate or personal property, or purchase Reuven’s share at a specified price. If Reuven makes the demand, Shimon has the right to exercise the option to sell his share to Reuven or to buy Reuven’s share. If Shimon refuses to exercise the option Reuven can obtain a judgment from the Beth Din compelling him to exercise his option, and failing to do so, Beth Din will permit Reuven to exercises the option. The demand that Reuven makes to Shimon is herein designated “the demand” and the option is designated as “the sell or buy option,” and when Shimon makes his choice, it is designates as “exercising the option.” The right to make the demand is limited to certain situations and certain persons described in next week’s lesson IYH. The concept of the sell or buy option is based on a person doing “that which is right and correct in the eyes of the Lord.” (D'varim 6:16) The subject matter of this lesson is more fully discussed in volume V chapter 171 A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il [The Parshat Va'etchanan Homepage]
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