Responsa for Bava Kamma 80:18
מפני שיש ברובע שאין בנוגח ויש בנוגח שאין ברובע
[of the ox] causes a change [in its status], the opening clause [may also maintain that a change in the] control [of the ox] causes a change [in its status]. For the ruling in the opening clause could be based upon the reason that wherever the ox is put, it bears the name of its owner upon it.<span class="x" onmousemove="('comment',' The ox therefore did not, by leaving the owner and coming into the hands of a borrower, undergo any change at all. ');"><sup>16</sup></span>
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.
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.
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