Translation:Shulchan Aruch/Choshen Mishpat/321

Paragraph 1- If one leases or accepts a field from another that is irrigated or has trees, and the spring of the irrigated field dried up but the big river did not stop flowing and he would need to bring the water with a pitcher or the tree of the tree-field was cut down, he would not deduct that amount from the lease. If it is was a local plague, such as where the river dried up, he would deduct from the lease. With respect to one who accepts, however, he would not deduct anything. Rather, they would divide based on the conditions they made. This that we say that if it was a local plague we would subtract from the lease price is true with anything similar and in any situation where the matter has been completely ruined as a result of a local plague we would deduct from the lease. If he can repair it with work and planning, he would not deduct that amount. In any situation where one can deduct, it does not make a difference whether it was in the past or in the future. Similarly, the Maraham ruled in a case where the ruler decreed the schoolteacher cannot teach that it was a local plague and the owner would suffer the entire loss. There are those who disagree and hold that going forward it has the status of a retraction just as we said above in Siman 310 regarding one who rents a donkey and it dies, and if he did not retract he caused himself a loss and is deemed to have waived. The first opinion seems to me to be the primary one.

Paragraph 2- If one was standing in middle of a field and said he is renting out this irrigated field to this renter or this field of tree to this renter, and the spring dried or up or the tree was cut down, he would deduct from his lease because the owner is standing in the field and said “this field” to indicate that he is renting it as it is now. There are those who say that this is only where the trees were cut down so that there is no ratio of 10 trees per seah or the entire spring dried up. If the 10 trees per seah remained or the spring did not completely dry up, however, he would not deduct that amount. Thus, if he was not standing inside the field and said he is renting an irrigated field or field of trees and the spring tried up or the trees were cut down, he would not deduct from the lease. There are those who say this is only where the lessor said it to the lessee. If the lessee said to the lessor that he is leasing the irrigated field from him, however, he would deduct from the lease, even if he was not standing inside it.