Based on the Ritva (page 3 of Insights, girsa (b)), the Adam Chashuv must compensate his partner for whatever loss the partner incurs.
1) Could you please give me an example of this?
2) Conversely, if the working partner sells an item during the Adam Chashuv's absence would he not have to share the profit since the item was acquired originally by the business of both partners?
Many thanks.
Yitzchak Coffer, Thornhill, Canada
Dear Yitzchak,
1) Since the Adam Chashuv caused his partner not to work (even in private), the Ritva learns that he should (l'Chumra) compensate the partner's loss - which is all the money he would normally profit from if the store was open.
2)In a case when the partner can't work (because of the Adam Chashuv) your question is not relevant - because neither can take the profit. In a case when there are two "regular" partners, the Avel cannot work, but according to Shulchan Aruch YD 380:21 his partner can work b'Tzin'a, and the profits are split between them (see Divrei Sofrim on Aveilus 31:175 and in the footnote). (According to Mishkenos Yakov brought in Pischei Teshuva there, even the partner can't work b'Tzin'a).
There is a Heter brought by the Chasam Sofer that if the Avel sells his portion before death, the partner can work but the Avel is forbidden to receive any profit (Divrei Sofrim 31:191-198), since this would show that he is still a partner. (Obviously the Avel can have the money he invested returned to him without profit.)
All the best,
Reuven Weiner