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Torah & Horaah — Acharei Mos - Kedoshim 5783

Выпуск: Torah & Horaah — Acharei Mos - Kedoshim 5783. Темы: не определены автоматически. partners originally purchased the animal in The Gemoro (Kesubos 93A) cites a ruling order to slaughter it (and not for plowing), of Shmuel that if two people pooled some if they sold the animal before it was of their money in order to earn a profit, slaughtered they split the profits equally. Only if the Gemoro is that he ruled that the profits the goods were actually divided by them or are divided equally even if the partnership if the ox was slaughtered and the meat was bought an ox for plowing and then the split between them and then sold, do we partners decided to slaughter and sell it. The Rambam (Shutfim 4, 3) agrees with In your case where the partnership the Rosh that even if the partners bought purchased real estate, stocks and the like an ox with the intention to eventually which are not necessarily sold piecemeal slaughter it, nonetheless if they sold the and, in fact, generally not sold that way, the animal before they slaughtered it, the profit Sema agrees that the Rambam maintains is divided equally. The Sema (176, 15), Thus, we have established that according to however, disagrees with the Levush and the halocho as ruled by the Rambam, Tur claims that the Rambam’s rationale is that and Shulchan Aruch and its commentaries in the case of an ox, even if they intended to it is clear that the profits are divided equally. These poskim base their position on Levush manifests itself in case partners the Rosh who writes that inherently profits buy goods that would normally be split are split based on percentage ownership 3 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org and it is only because we have an umdeno position is really advantageous for him (a clear indication) that they did not intend especially since at the beginning you had a to split profits according to ownership that larger stake which means that you were the we split the profits evenly. amount contributed by your jointly owned The correct way to rule in case we don’t company and the other amounts were rule that the profits are equally owned significantly smaller, it stands to reason that is to examine the ownership of each and your intention was to split profits equally. (dividends as well as capital gains) or loss We note further that the e

Издание

Torah & Horaah

Дата

28 апреля 2023 г.

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4