PEH353

PEH353

A and B had entered into a commercial partnership for a period of 5 years. About a year into the partnership, A's wife and sons were taken captive overseas. He had to travel there to ransom them. A and B, with the involvement of the Beth-Din, divided the inventories of goods and money. When A returned after three years, he had earned 12,000 guilders along the way. B wanted his share of this. In his ruling, Moses Alvarez made a distinction depending on whether A (apart from the business assets) had enough money to ransom his wife and children; in that case, the partnership would continue despite the division, and B would receive half of the profit but also have to give half of his profit to A. But if A did not have sufficient funds for the ransom, then the division before the court would have been final, and A could keep his profit alone.

3

1756-09-07

1756-12-24

AlvarezM

Alvarez, Moshe

Abendana

Abendana de Britto, Isaac Chaim