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Ruling: [Last time we saw the Ramah’s opinion, that when partners invest unequally and need to share losses, money is not extracted from the smaller investor’s personal resources.]
The Ramah’s ruling may not apply in several cases. The Shvut Yaakov (III:167) says that if one of the partners was apt to gain from the profits without having to invest money, he is obligated to pay for losses from his own resources. The Shut Pnei Yehoshua (CM 3) adds that if they both invested and then one partner added to the investment, the two are to share the losses from the additional money.
All of the above rules apply only when not contradicted by agreement. In this case, there was an unsigned draft agreement, which is not operative in the classical sense but can serve as an indication of what the sides agreed to orally at the outset of the partnership. We see from the poskim a practical approach to determining whether the partner who invested less must reimburse the one who invested more in case of losses.
The agreement in this case contains counter indications. On one hand, the two are to be equal partners in profits; on the other hand, pl is to be reimbursed from profits, and there is a disputed addition on being reimbursed even if there are not profits. It is beit din’s obligation to consider the case’s subjective background. According to the parties’ descriptions, it is not plausible that def would have obligated himself to pay pl out of pocket. During the course of the investments, when pl was making decisions on how much to invest, it was clear he viewed the investment decisions as his prerogative and thus his responsibility. It is pertinent that while def did not invest serious funds, he invested much "value," as he gave up other job opportunities.
Therefore, def does not have to reimburse pl for his losses. On the other hand, pl did not have to continue investing money beyond the original plan for the project. Def cannot blame him for the fact that the investment did not produce profit.
P'ninat Mishpat (829)
Various Rabbis
255 - Responsibility for a Failed Joint Investment – part I
256 - Responsibility for a Failed Joint Investment – part II
257 - Sharing in Building Expenses When One Did Not Directly Benefit – part I
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
