Blackwell Reference Online

Extract

One who occupies land or property under a landlord. According to tal-mudic law, a distinction is made between agricultural and urban tenancy. In the former case, two types of tenant are recognized: the “aris” and the “Ḥokher.” The aris gives the landlord a percentage of the produce from the land; the Ḥokher pays a fixed amount in rent. In both kinds of agricultural tenancy local custom serves as the prime factor determining the law regarding landlord and tenant relationship. In the Mishnah urban tenancy is treated separately: the tenant is called a “sokher” (hirer) and the provisions of the lease grant him possession of the property for the duration of the lease. Acceptance of advance payment has the binding character of a lease. If a term is not specified for the duration of the lease it is presumed that the rental is for the winter season or for the summer period. However, in large towns tenancies were assumed to be of 12 months' duration. ... log in or subscribe to read full text