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A shul has places, with ease, for 50 men. However, only 25 men attend prayers on the Yomim Nora'im, when the shul charges money for seats. Can a person argue that he will attend shul without paying, and sit in a seat that will remain empty in any case, according to the principle of Zeh Neheneh V'zeh Lo Chaser? (One derives pleasure while the owner does not suffer a loss)
A. Horav Shlomo Miller’s Shlit’a opinion is that the gabaim or directors of the shul representing the mispalelim, have the authority to charge the attendants for the services provided whatever it is deemed to be fair to guarantee the survival of the institution. This case is similar to deriving pleasure from a now vacant property that is standing to be rented, and therefore not exempt from rent charges. (Baba Kama 20a, Rambam - G'zeila Veabeida 3: 9, Shulchan Aruch C.M. 363).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Important Numbers
