Мишна
Мишна

Responsa к Швии́т 10:11

Teshuvot Maharam

Q. We are in doubt concerning the implications of the following ruling of the scholars of Nehardea: When one person gives goods to another in order that the latter trade therewith and the former share in the profits, half of the value of such goods is considered a loan (at the risk of the active partner) and the other half, a trust (at the risk of the investor). Does this statement imply that the part which is considered a loan is subject to all the laws governing loans, even to the extent of being cancelled by a Sabbatical year? Would it not work to the disadvantage of the investor?
A. That part which is considered a loan is subject to all the laws governing loans and is subject to cancellation by a Sabbatical year. However, the investor can safeguard his interests by writing a Prosbol.
This Responsum is addressed to R. Shemariah.
SOURCES: L. 490; Mord. B. M. 390.
Ask RabbiBookmarkShareCopy
Предыдущий стихПолная главаСледующий стих