Renting Yerushalayim Apartments to Non-Religious Jews

Question

My family recently bought an apartment in a beautiful new luxury building in central Yerushalayim. The apartments were marketed to non-Israelis, and most of the units are owned by Americans and other chutznikim who come for just a few weeks a year, mostly during Yomim Tovim and the summer. The building has a nice mix of frum people and is very warm and heimish.

Some apartments are being rented out as Airbnbs, where short-term renters come for brief stays. This has upset many of the owners, as these renters often create a lot of noise and leave behind garbage. They also make it difficult for the doorman to maintain control over who is entering the building, increasing the risk of crime.

Moreover, many of these renters are not frum, or not Jewish at all, which changes the tone of the building. They may dress inappropriately and fail to respect or understand the importance of modesty or Shabbos.

Some owners are very upset, as they had specifically chosen this building in order to live in a frum environment. They feel that these short-term rentals make the building feel like a hotel. They also argue that the apartments were sold as residential units, and using them as an Airbnb constitutes commercial use, which should not be permitted.

What does the rov think about this?

A Reader

Rav Zafrani 

You are raising a very complex question, and in order to address it properly, you would need to appear in bais din along with the individuals who are renting out their apartments. This is an increasingly common issue, as many people are now purchasing apartments primarily as investments.

To give you some background, there are two main halachic concerns when it comes to renting apartments to non-religious Jews. The first is the issue of lifnei iver, and there are three primary positions on this matter.

The strictest view is that of Rav Yosef Shalom Elyashiv, who ruled that one may not rent to such individuals, as they will inevitably commit aveiros on the property.

By contrast, Rav Bentzion Abba-Shaul held that since you are not actively providing anything forbidden—only a space where a transgression may occur—there is no issue of lifnei iver involved.

Rav Shlomo Zalman Auerbach and Rav Moshe Feinstein ruled that if there are apartments available for rent from non-Jews, then lifnei iver does not apply. However, I would venture to say that this is likely not the case in midtown Yerushalayim. Therefore, based on this consideration alone, Ashkenazim should refrain from renting apartments to non-religious Jews.

The second issue is the potential disturbance caused by chillul Shabbos and other behaviors that might be objectionable to other tenants. In truth, such disturbances could be caused by any renter, and all of these actions may be considered nizkei shecheinim, damages caused to neighbors. This concern would also apply to renting to non-Jews.

On the other hand, these apartments were purchased as investments. A person has the halachic right to rent out an apartment he owns, and fellow residents must be careful not to cause financial loss to others, as this is prohibited al pi halacha.

As I mentioned earlier, the matter should be brought before bais din, which can determine the exact parameters of to whom apartments may be rented.

May you all have a yishuv tov in your new apartments, and may your homes be a place where the Shechinah derives great nachas. The most important way to ensure this is to do everything in your power to make peace with your neighbors.

May Hashem, who makes peace in the Heavens, bring peace between you and your neighbors.