A Rented Unit and a Dripping Air Conditioner
Question
Shalom u’vrachah,
I rented out my unit to someone from abroad for 1,600 for two nights (for Simchat Torah alone, the usual price is 1,000). On motza’ei chag (the night of the second day of Yom Tov), he met me and informed me that just a few minutes before the onset of the holiday, the air conditioner began dripping in such a way that he had to turn it off (not a slow drip for which a bucket would have sufficed, but a truly serious flow). According to him, the heat in the living room was difficult because there was a hot plate that added heat.
My question is: according to the law, how much does he have to pay me? Do we say that this is a case of sadeihu nistachfah, “his field was washed away,” or should the price be reduced for him?
I will note that during the previous week, the unit was also rented out, and no complaints were heard regarding the air conditioner. So although I do not know whether the air conditioner was indeed working properly before the rental, it seems that it was.
I will also note that at present he has still not paid me, and he is in possession of the money. (I would be glad to know whether the ruling would be different if he had already paid me.)
Thank you in advance, and have a healthy winter.
I rented out my unit to someone from abroad for 1,600 for two nights (for Simchat Torah alone, the usual price is 1,000). On motza’ei chag (the night of the second day of Yom Tov), he met me and informed me that just a few minutes before the onset of the holiday, the air conditioner began dripping in such a way that he had to turn it off (not a slow drip for which a bucket would have sufficed, but a truly serious flow). According to him, the heat in the living room was difficult because there was a hot plate that added heat.
My question is: according to the law, how much does he have to pay me? Do we say that this is a case of sadeihu nistachfah, “his field was washed away,” or should the price be reduced for him?
I will note that during the previous week, the unit was also rented out, and no complaints were heard regarding the air conditioner. So although I do not know whether the air conditioner was indeed working properly before the rental, it seems that it was.
I will also note that at present he has still not paid me, and he is in possession of the money. (I would be glad to know whether the ruling would be different if he had already paid me.)
Thank you in advance, and have a healthy winter.
Answer
Shalom u’vrachah
Our teacher, Rabbi Amram Fried shlita, ruled:
The price must be reduced for them.
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