Corporations and Partnerships with Respect to Ribbit: Difference between revisions
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Corporations and Partnerships with Respect to Ribbit (view source)
Revision as of 19:36, 13 July 2020
, 13 July 2020→Preferred Payment and Non-Working Partners
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# According to those who are lenient to consider a partnership unlike an iska, some say that it is nonetheless forbidden for a working partner to accept more of the responsibility of losses and offer the other partners a greater share of the gains. Some are lenient on this.<ref>Chelkat Binyamin 177:57 writes that Chavot Daat forbids while the Shach 177:13 permits. Torat Ribbit 27:3 writes that everyone forbids having a working partner offer the larger investor a greater return than the percent of losses he accepts. He references Radvaz 1:247 Maharashdam YD 61, Tashbetz 2:267, and Darkei Teshuva 177:20 as being strict and Maharam Galanti 98, Maharsham 7:140, Bet Dovid 87, Maharitatz 117, and Minchat Shlomo 1:28 as being more lenient.</ref> Some say that it can be permitted if one gives an iska wage to the working partner, which could even be a [[dinar]], as described below ([[#Wages_for_an_Iska_Worker]]).<ref>Milveh Hashem 2:12:27 based on writes that if the worker partner gives the other investing partner a greater share of the profits then it is considered an iska that needs to be fixed by paying the partner for his work and even a dinar suffices. He writes that he is based on Shiurei Bracha YD 177:2 and Shulchano Shel Avraham 177:9. However, Chelkat Binyamin 177:57 argues that if it isn't equally apportioned it is forbidden according to the Chavot Daat and it can't be fixed by paying a dinar as it is completely ''karov lsachar vrachok mhefsed''.</ref> | # According to those who are lenient to consider a partnership unlike an iska, some say that it is nonetheless forbidden for a working partner to accept more of the responsibility of losses and offer the other partners a greater share of the gains. Some are lenient on this.<ref>Chelkat Binyamin 177:57 writes that Chavot Daat forbids while the Shach 177:13 permits. Torat Ribbit 27:3 writes that everyone forbids having a working partner offer the larger investor a greater return than the percent of losses he accepts. He references Radvaz 1:247 Maharashdam YD 61, Tashbetz 2:267, and Darkei Teshuva 177:20 as being strict and Maharam Galanti 98, Maharsham 7:140, Bet Dovid 87, Maharitatz 117, and Minchat Shlomo 1:28 as being more lenient.</ref> Some say that it can be permitted if one gives an iska wage to the working partner, which could even be a [[dinar]], as described below ([[#Wages_for_an_Iska_Worker]]).<ref>Milveh Hashem 2:12:27 based on writes that if the worker partner gives the other investing partner a greater share of the profits then it is considered an iska that needs to be fixed by paying the partner for his work and even a dinar suffices. He writes that he is based on Shiurei Bracha YD 177:2 and Shulchano Shel Avraham 177:9. However, Chelkat Binyamin 177:57 argues that if it isn't equally apportioned it is forbidden according to the Chavot Daat and it can't be fixed by paying a dinar as it is completely ''karov lsachar vrachok mhefsed''.</ref> | ||
# According to those who are lenient to consider a partnership unlike an iska, some say that it is nonetheless forbidden for a working partner to offer another partner a fixed profit. Some are lenient on this.<ref>Chelkat Binyamin 177:58 writes that it is possibly worse than the dispute above and nonetheless the Torat Ribbit 27:4 thinks it is comparable.</ref> | # According to those who are lenient to consider a partnership unlike an iska, some say that it is nonetheless forbidden for a working partner to offer another partner a fixed profit. Some are lenient on this.<ref>Chelkat Binyamin 177:58 writes that it is possibly worse than the dispute above and nonetheless the Torat Ribbit 27:4 thinks it is comparable.</ref> | ||
===Partners in an Iska Arrangement== | |||
# Two Jews who work together as agents for an iska investment from an investor are bound to their partnership for the duration of the iska. One may not opt to split up the iska or the profits of the iska prematurely.<Ref>Gemara Bava Metsia 105a, Tur and Shulchan Aruch Y.D. 177:35</ref> If they didn't specify a time see Shulchan Aruch C.M. 176:14.<ref>Shach YD 177:62 cites the Bach who says that in absence of a stipulation they can break up the profits premature of the time that the local practice is to break it up.</ref> | |||
==Corporations== | ==Corporations== | ||
