Responsa for Bava Metzia 208:14
אמרי נהרדעי האי עיסקא פלגא מלוה ופלגא פקדון עבוד רבנן מילתא דניחא ליה ללוה וניחא ליה למלוה
and an <i>asmakta</i> effects no title. But in Raba's view, wherein does it differ from what we learnt: 'SHOULD I NEGLECT AND NOT TILL IT, I WILL PAY OF THE BEST?'<span class="x" onmousemove="('comment',' And, as seen from the Mishnah, the statement is binding. ');"><sup>11</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.
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
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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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.
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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