Responsa for Ketubot 133:10

אמר רב פפי הני תותבי דבי מכסי אשה גובה פרנא מהם ואמר רב פפי הני שקי דרודיא ואשלי דקמחוניא אשה גובה פרנא מהן אמר רבא מריש הוה אמינא הני ארנקי דמחוזא אשה גובה פרנא מהם מאי טעמא אסמכתייהו עלייהו כיון דחזאי דשקלי להו ונפקי וכי משכחי ארעא זבני בהו אמינא אסמכתייהו אארעא הוא:

Papi stated: A woman may seize garments made at Be Mikse for her kethubah. Papi further stated: A woman may seize sacks made at Rodya and the ropes of Kamhunya for her ketubah. Rava stated: At first I said: A woman is entitled to seize purses from Mehoza for her ketubah. What was [my] reason? Because [women] relied upon them. When I observed that they took them and went out with them and as soon as they found land they purchased it with this money I said that they rely only upon land.

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.

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