Those Who Study Torah Sustain the Entire World
In Chapter 1, verse 31: “And there was evening and there was morning, the sixth day” — there is a
Hello, rabbi
I bought a motorcycle in partnership with a friend six months ago, each of us invested ten thousand shekels, and we did very well. The issue is that now I got a permanent job and will receive a work car, I asked him to leave the partnership, to pay me back the money I invested, or for us to sell the motorcycle and split the money. But he doesn’t want to, he tells me that if I want, I should find another partner to take my place.
What should I do, what are my rights according to halacha in this case?
Thank you very much.
Hello and welcome.
If from the beginning you addressed the issue of what you will do if someone wants to leave the partnership, you must act according to what you agreed upon from the start.
As you did not discuss the possibility of splitting the partnership and dissolving it, since the partnership between you is about a motorcycle, and a motorcycle cannot be divided into two so that each of you receives a wheel…
The partnership should be divided amicably or through a union, that is, you buy my share in the partnership or I buy your share in the partnership, with a realistic proposal that is not below the open market price.
Although the decision-makers have disagreed on whether partners who participated consciously and voluntarily can demand from the other the dissolution of the partnership in the manner of “gud” or “igud” (a form in which one partner says to the other: either you sell me your share in the partnership, or you buy my share), or if only heirs and similar individuals who were forced to enter the partnership have the right to demand the division in the manner of “gud” or “igud”. The opinion of the Shulchan Aruch is that one can always demand the division in the manner of “gud” or “igud”; however, the opinion of the Maharam of Rothenburg and others is that the partner who refuses to divide can say “kim li” (I have the opinion that you do not have the right to demand the division) if we participated voluntarily from the beginning.
Therefore, in practice, if both partners are Sephardim who accepted the instructions of Maran (Beit Yosef), you have the right to demand the dissolution of the partnership through “Gud” or “Igud”. However, if both parties are not Sephardic, you do not have the right to demand the dissolution of the partnership through “gud” or “igud,” unless you find another partner to take their place, or convince them to buy your share at a reduced price, or sell the motorcycle and give them a little more than their due, so that they agree to the dissolution of the partnership.
Good luck!
Rabbi David Ohayon
PLEASE NOTE*
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