REVACH L'DAF
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SUMMARY
If someone gives his friend an item to sell on condition that they will divide the profit between them if he doesn't give him a fee for his wages he must give him two thirds of the profit or he shall only be responsible for one third of the losses.
R. Yosi Bar Yehudah holds like his father that if someone gives an item to sell on condition that they will divide the profit between them it is sufficient if his receives some benefit for his effort.
If someone gives his friend an item to sell Rav says if they stipulate that the friend will receive any profit that is more than a third of its value and the remainder will be divided between them it is permitted, while Shmuel holds it is only permitted if he guarantees him an extra Dinar if the profit is no more than a third.
According to the second Lashon that it is only sufficient to give him the profit that is more than a third according to Rav if the friend also must take care of his own animal because with the same effort that he is taking care of his own animal he could also take care of the other animal
If someone gives his friend animals to raise on condition that they will divide the animal between them he must raise donkeys for eighteen months and small animals for twenty four months and if he wants to divide it up before that time the owner of the animal may stop him. (1)
The person who receives the animal must take care of the offspring of small animals for thirty days and the offspring of large animals for fifty days, while R. Yosi says that he must stake care of the of the offspring a small animals for three months because they have small teeth. (2)
After he takes care of the offspring for the requisite amount of time he takes three quarters of the offspring and the other quarter is given to the owner. (3)
If two people have a partnership in coins one may divide the coins and take his share without the knowledge of the other if all of the coins are the same, however if they hay have a partnership in animals one may not take his share without the knowledge of the other.
If two people have a partnership in coins if he took the coins that that are more readily accepted as currency and he left coins that are heavier but are less accepted as currency or vice versa he may not take his share without his partner's knowledge.
A person may not rent out coins because it is Ribis and it not the same as renting out a utensil because the borrower returns the same utensil and the depreciation of the utensil is apparent.
A person may tell his friend take four Zuz and lend my friend money because the Torah only forbids Ribis that changes hands from the borrower to the lender.
A person may tell his friend take four Zuzim and convince my friend to lend me money because he is only paying a fee for his friend's words.
A person may give his friend a cow or a donkey to raise or any animal that does work on condition that they split the profits and it is not necessary to pay him a fee.
In a place where the Minhag is to divide the offspring of the animal at the same time that they divide the mother they shall do so and in a place where the Minhag is to raise the offspring until they are older they shall do so
R. Shimon Ben Gamliel says a person may give his friend a calf together with its mother to raise and he is not obligated to pay a fee for the calf only for the mother. (4)
If a person is renting a field for ten Kor of grain a year he may request that the owner lend him 200 Zuz that will be used for improvements on the field and he give him twelve Kor of grain (5)
If a person is renting a store or ship he may not borrow money and pay a higher rent unless the money is used to decorate the store in order to attract more customers or it is used for improvements to the boat.
Rav says it is permitted for a person to rent a ship and also to accept responsibility for the ship that if it breaks he will pay. (6)
A person may accept sheep from a non-Jew to raise on condition that he is responsible for the animal if it dies or is lost and the profit will be divided between them, but it is forbidden to accept it from a Jewish person. (7)
If someone rents a cow he may commit himself to paying thirty Dinar if the cow is lost and pay a Sela a month for the rent as long as he doesn't have to pay if the cow goes down in value.
A BIT MORE
1. The second year costs more for Mezonos than the first year and therefore the owner can insist that they wait until after the second year to divide the animals
2. The offspring of the animals are also divided between them and they must be taken care of for the amount of time that a Yisrael must take care of first born Kosher animal before he gives the Bechor to the Kohen.
3. Half of the offspring belongs to him since he owns half of the mother and the other half is half loan and half Pikadon and therefore he receives half of the other half and altogether he takes a total of ¾ of the offspring.
4. Since the calf goes after its mother it is easy to raise and it is not necessary to pay a fee for raising the calf since he is already paying a fee for the mother.
5. Even though he is paying back the 200 Zuz and in addition he is paying an extra two Kor a year it is permitted since he is using the money to improve the field and an improved field will produce more grain and therefore it is reasonable that he will pay a higher price for the rental.
6. R. Kahana and R. Asi disagree because they hold that since he is responsible if anything happens to the boat it is tantamount to a loan and the money that he is paying for rent is Ribis.
7. Since it is half loan and half Pikadon and he is totally responsible for the losses and he only receives half of the profits that which he is taking responsibility for all of the losses is payment for receiving the loan and therefore it is Ribis.
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BRIEF INSIGHT
CARING FOR MORE THAN ONE ANIMAL
If someone gives his friend an item to sell Rav says if they stipulate that the friend will receive any profit that is more than a third of its value and the remainder will be divided between them it is permitted and the Gemara states in the second Lashon that it is only permitted if the friend also must take care of his own animal because with the same effort that he is taking care of his own animals he could also take care of his friend's animal but if he doesn't have his own animal he must give him a fee for his effort. Tosfos asks that even if he doesn't have his own animal it should be permitted since the animal is given to him half as a loan and half as a Pikadon therefore he is forced to take care of the half of the animal that is a loan and with the same effort he could take care of the half animal that is a Pikadon. Tosfos answers that even though he is a partner in the animal however the partnership only forces him to take care of the every other day and now he has to make the extra effort to take care of an animal every single day.
QUICK HALACHAH
AN ISKA
If someone gives his friend money for an Iska (business purposes) that half of the responsibility is on the giver and half on the person who received the money it is forbidden, but if he stipulated that he will give him a fee for his effort even if it is only a Dinar it is permitted. However, this only applies if only one of them provided the money but if both of them provide the money even though only one of them is an active in the business it is not regarded as an Iska and rather it is a partnership and it is permitted. (Shulchan Aruch YD 177:1, 2)
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