REVACH L'DAF
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SUMMARY
1. There is a dispute about whether one may demand a buyout when the entity he owns in partnership cannot be forcibly divided.
2. Beis Shamai and Beis Hillel originally disagreed about a man who is half-slave and half-free.
3. Beis Hillel ended up agreeing with Beis Shamai in this case (#2).
4. If an entity is not big enough for one partner to force the other to divide it, the partner who wants to divide may have another way (besides #1) to force a division.
5. Some say that this ruling (#4) is incorrect, as a person cannot be forced to receive a gift.
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A BIT MORE
1. Rav Yehudah: The partner who wants to divide may say, "Either buy my share for a certain price, or I will buy your share for that price." Rav Nachman: He may not demand a split, even on these terms.
2. Beis Hillel: He works one day and is free the next, and so on. Beis Shamai: He must be freed by his owner, as he cannot fulfill the Mitzvah of Peru u'Revu in his current state.
3. Even so, Rav Nachman maintains that if two sons (one a firstborn) inherited a slave, neither brother can force the other to divide the slave based on ownership. Rather, the slave serves the firstborn for two days and the regular son for one, and so on.
4. For example, if the yard is seven Amos and not eight, he may say that he will take three Amos. This gives the other person four Amos, which is the minimum amount one must receive in order to force a division.
5. Since the person who does not want to divide (but is being forced to) receives as a gift more of the yard than he is entitled to receive, and the verse states, "One who hates gifts will live," this type of forcing is invalid. He cannot be forced to take this amount or to divide the property.
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Index to Revach for Maseches Bava Basra
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