Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 350:14

ר' יוחנן ור' שמעון בן לקיש דאמרי תרוייהו מלוה על פה גובה בין מן היורשין ובין מן הלקוחות מ"ט שעבודא דאורייתא

receives [a double portion,<span class="x" onmousemove="('comment',' Because Biblically land is deemed to have been in their father's virtual possession, and a firstborn son is entitled to a double share in all that his father possessed. Cf. Deut. XXI, 17. ');"><sup>24</sup></span> but] if money was collected, he does not, and R. Nahman said: If money was collected he has [a double portion]!<span class="x" onmousemove="('comment',' V. supra 124b; B.K. 43a. At any rate, in view of this statement of Rabbah's, the debtor's land is Biblically deemed to be in the creditor's virtual possession; how then could ho say here that the hypothecary obligation is not Biblical? ');"><sup>25</sup></span>

Teshuvot Maharam

Rabbi Dan's report in my name is correct, that 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 (the other half is considered a deposit), even to the extent that a Sabbatical year effects its cancellation. I always consider it a loan in every respect. The law that such half be considered a loan is stated in the Talmud without qualification (B. M. 104b). The stipulations of Raba are specific; they do not go beyond those mentioned by Raba.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
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Teshuvot Maharam

Rabbi Dan's report in my name is correct, that 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 (the other half is considered a deposit), even to the extent that a Sabbatical year effects its cancellation. I always consider it a loan in every respect. The law that such half be considered a loan is stated in the Talmud without qualification (B. M. 104b). The stipulations of Raba are specific; they do not go beyond those mentioned by Raba.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
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