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Rambam - 1 Chapter a Day

Sheluchin veShuttafin - Chapter 8

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Sheluchin veShuttafin - Chapter 8

1When a person gives eggs to a chicken farmer with the intent that the chicken farmer have chickens sit on the eggs until they hatch, and then for the chicken farmer to raise the chicks with the profits1 to be divided between them, the owner of the eggs must provide the chicken farmer with a wage for his work and sustenance2 “as an unemployed worker”.אהַנּוֹתֵן בֵּיצִים לְבַעַל הַתַּרְנְגוֹלִים לְהוֹשִׁיב הַתַּרְנְגוֹלִים עֲלֵיהֶן עַד שֶׁיֵּצְאוּ הָאֶפְרוֹחִים, וִיגַדֵּל אוֹתָן בַּעַל הַתַּרְנְגוֹלִים, וְיִהְיֶה הָרֶוַח בֵּינֵיהֶם - צָרִיךְ לְהַעֲלוֹת לוֹ שְׂכַר עַמָלוֹ וּמְזוֹנוֹ בְּכָל יוֹם כְּפוֹעֵל בָּטֵל.
Similarly, when a person evaluates calves and ponies and then entrusts them to a caretaker with the intent that he tend to them until they grow into large animals with the profits3 to be divided between them, the owner of the animals must provide the caretaker with a wage for his work and sustenance for every day, like an unemployed worker. He must raise calves until they are three years old, and a donkey until it is capable of bearing a burden.4 He cannot sell the animal without the consent of his partner until this time.5וְכֵן הַשָּׁם עֲגָלִים וּסְיָחִים עַל הָרוֹעֶה לִהְיוֹת מִתְעַסֵּק בָּהֶן עַד שֶׁיִּגְדְּלוּ, וְהַשָּׂכָר לָאֶמְצָע - חַיָּב לְהַעֲלוֹת לוֹ שְׂכָרוֹ כְּפוֹעֵל בָּטֵל בְּכָל יוֹם; וּמְגַדְּלִין אוֹתָן עַד שֶׁיִּהְיוּ הָעֲגָלִים בְּנֵי שָׁלוֹשׁ שָׁנִים, וְהַחֲמוֹר עַד שֶׁתִּהְיֶה טוֹעֶנֶת. וְאֵינוֹ יָכוֹל לִמְכֹּר שֶׁלֹּא מִדַּעַת חֲבֵרוֹ בְּתוֹךְ זְמַן זֶה.
Similarly, if one evaluates animals and then entrusts them to a caretaker to fatten them, with the profits6 to be divided between them, the owner of the animals must provide the caretaker with a wage for his work, like an unemployed worker. If the owner tells the caretaker: “Take the head and the fat tail for yourself in exchange for your work, aside from your share of the profits,” it is permitted.7וְכֵן הַשָּׁם בְּהֵמָה עַל הַמְּפַטֵּם לִהְיוֹת מְפַטֵּם אוֹתָהּ, וְהַשָּׂכָר לָאֶמְצָע - צָרִיךְ לִתֵּן לוֹ שְׂכַר עֲמָלוֹ כְּפוֹעֵל בָּטֵל; וְאִם אָמַר לוֹ 'הֲרֵי הָרֹאשׁ וְהָאַלְיָה שֶׁלְּךָ בַּעֲמָלְךָ יָתֵר עַל מַחֲצִית הַשָּׂכָר', מֻתָּר.
If the caretaker has other animals that he was also working to fatten in addition to this one that was evaluated, and similarly, if one has other calves, ponies or eggs, since he is caring for his own at the same time as he is caring for his colleagues’, even if the owner gives him only a small amount as a wage for the entire period of the partnership it is acceptable,8 and they may divide the profits equally.הָיוּ לַמְּפַטֵּם בְּהֵמוֹת אֲחֵרוֹת שֶׁמְּפַטֵּם אוֹתָם עִם זוֹ הַשׁוּמָא אֶצְלוֹ, וְכֵן אִם הָיוּ לוֹ עֲגָלִים וּסְיָחִין אֲחֵרִים אוֹ בֵּיצִים אֲחֵרוֹת שֶׁלּוֹ, הוֹאִיל וְהוּא מִתְעַסֵּק בְּשֶׁלּוֹ וּבְשֶׁל חֲבֵרוֹ, אַפִלּוּ לֹא הֶעֱלָה לוֹ אֶלָא דָּבָר מוּעָט בְּכָל יְמֵי הַשֻּׁתָּפוּת הַזֹּאת – דַּיּוֹ, וְחוֹלֵק בַּשָּׂכָר בְּשָׁוֶה.
If the caretaker was already employed as the owner’s sharecropper and he is taking care of animals belonging to both himself and the owner of the field the owner does not have to pay him anything as a wage.9וְאִם הָיָה אֲרִיסוֹ - הוֹאִיל וְהוּא מִטַּפֵּל בְּשֶׁלּוֹ וּבְשֶׁל בַעַל הַשָּׂדֶה, אֵינוֹ צָרִיךְ לְהַעֲלוֹת לוֹ כְּלוּם.
2When a person has calves or ponies evaluated, he has chickens sit on eggs, or he has an animal evaluated to be fattened with the profits to be divided between them and he does not pay a wage to the caretaker, the laws that govern such a relationship are the same as those that govern an investment of money.10 We see how much the animals or the eggs were evaluated for and how much profit was made, and the caretaker is given two thirds of the profit. If there is a loss, he is required to bear one third of the loss.בהַשָּׁם עֲגָלִים וּסְיָחִין אוֹ הוֹשִׁיב תַּרְנְגוֹלִים אוֹ שָׁם בְּהֵמָה עַל הַפַּטָּם לְמַחֲצִית שָׂכָר, וְלֹא הֶעֱלָה לוֹ שָׂכָר - הֲרֵי דִּינוֹ כְּדִין הָעֵסֶק שֶׁל מָעוֹת: רוֹאִין בְּכַמָּה שָׁמוּ הַבְּהֵמוֹת אוֹ הַבֵּיצִים, וְכַמָּה הִרְוִיחוּ; וְנוֹטֵל הַמִּתְעַסֵּק שְׁנֵי שְׁלִישֵׁי הַשָּׂכָר. וְאִם הִפְסִידוּ, מְשַׁלֵּם שְׁלִישׁ הַהֶפְסֵד.
3We evaluate a cow, a donkey and any other animal that usually performs work and eats, and the profits are divided between the owner and the caretaker.11 For although care is required,12 the caretaker is able to derive other profit for himself because of the work of the animals. For he may hire them or work with them himself and benefit from the fee or their work.13 One should not evaluate a calf together with its mother, or a colt with its mother. For the calf or the pony does not perform any work, and yet it requires care.14גשָׁמִין פָּרָה וַחֲמוֹר וְכָל דָּבָר שֶׁדַּרְכּוֹ לַעֲשׂוֹת וְלֶאֱכֹל, וְיִהְיֶה הַשָּׂכָר לָאֶמְצָע בְּשָׁוֶה, שֶׁאַף עַל פִּי שֶׁזֶּה מִתְעַסֵּק, הֲרֵי יֵשׁ לוֹ רֶוַח אַחֵר לְעַצְמוֹ בַּעֲבוֹדַת הַבְּהֵמָה, שֶׁהֲרֵי שׂוֹכֵר אוֹתָהּ אוֹ עוֹבֵד בָּהּ, וְנֶהֱנֶה בִּשְׂכָרָהּ וּבַעֲבוֹדָתָהּ. וְאֵין שָׁמִין עֵגֶל עִם אִמּוֹ, וְלֹא סְיָח עִם אִמּוֹ - שֶׁהָעֵגֶל וְהַסְּיָח אֵינוֹ עוֹשֶׂה כְּלוּם, וְיֵשׁ בּוֹ עֵסֶק.
4When a person has an animal evaluated and entrusts it to a colleague, until when is the colleague obligated to care for it? For a female donkey, 18 months. For an animal that lives in a corral - e.g., sheep or cattle15 - 24 months.דהַשָּׁם בְּהֵמָה לַחֲבֵרוֹ, עַד מָתַי חַיָּב לְהִטַּפַּל בָּהּ? בָּאֲתוֹנוֹת, שְׁמוֹנָה עָשָׂר חֹדֶשׁ; וּבַגִּדְרוֹת, וְהֵן הַצֹּאן וְהַבָּקָר - עֶשְׂרִים וְאַרְבָּעָה חֹדֶשׁ.
If the owner desires to divide the profits within this period, the caretaker can prevent him from doing so, because they entered into a partnership without making any stipulations.16וְאִם בָּא לַחֲלֹק בְּתוֹךְ זְמָן זֶה - חֲבֵרוֹ מְעַכֵּב עָלָיו, מִפְּנֵי שֶׁנִּשְׁתַּתְּפוּ סְתָם.
We set these rules because the care and profit ratio for an animal for the first year cannot be compared to that of the second year. In the first year, it requires much care and brings little profit, because at the beginning it becomes heavier only with much difficulty. In the second year, by contrast, it requires little care and there is much profit, because it becomes much heavier, gaining every day. Therefore, the caretaker may prevent him from dissolving the partnership until the end of the second year.17לְפִי שֶׁאֵינוֹ דּוֹמֶה טִפּוּלָהּ שֶׁל שָׁנָה רִאשׁוֹנָה, שֶׁהוּא מְרֻבֶּה וְהָרֶוַח מוּעָט שֶׁאֵינָהּ מִשְׁתַּמֶּנֶת בַּתְּחִלָּה אֶלָא בְּקֹשִׁי, לְטִפּוּלָהּ שֶׁל שָּׁנָה הָאַחֶרֶת, שֶׁהוּא מוּעָט וְהָרֶוַח מְרֻבֶּה שֶׁהֲרֵי הִיא מִשְׁתַּמֶּנֶת הַרְבֵּה וּמוֹסֶפֶת בְּכָל יוֹם; לְפִיכָךְ מְעַכֵּב עָלָיו, עַד סוֹף שָׁנָה שְׁנִיָּה.
If the animal that was evaluated gives birth while in the possession of the caretaker, the calf is considered part of the profit and is divided between them.יָלְדָה הַבְּהֵמָה הַשׁוּמָא אֶצְלוֹ, הֲרֵי הַוָּלָד מִכְּלָל הָרֶוַח לָאֶמְצָע.
In a place where the custom is that the caretaker raises the offspring he should raise them and afterwards sell them. In a place where it is not customary that the caretaker raise the offspring, he is nevertheless required to care for the offspring for a limited period. For a lightweight animal,18 he is required to care for it for 30 days. For a large animal, he is required to care for it for 50 day. Afterward the offspring is sold and the profits are divided.מָקוֹם שֶׁנָּהֲגוּ לְגַדֵּל הַוְּלָדוֹת, יְגַדְּלוּ וְאַחַר כָּךְ יִמָּכְרוּ. מָקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לְגַדֵּל, חַיָּב הַמִּתְעַסֵּק לְהִטַּפֵּל בַּוְּלָדוֹת, בְּדַּקָּה שְׁלוֹשִׁים יוֹם וּבַגַּסָּה חֲמִשִּׁים יוֹם; וְחוֹלְקִין.
If the caretaker desire to care for them longer than this period, he should evaluate them before three men19 on the thirtieth or fiftieth day. Afterwards any profit that is made should be divided between them a follows: The caretaker should receive three fourths of the profit, and his partner, one fourth. The rationale is that the caretaker owns half of the offspring20 and because he cares for the half belonging to his colleague he is given half of that half- i.e., a total of three fourths.21 If the caretaker did not make such a stipulation in the presence of three witnesses, he is considered to have waived this extra profit, and the offspring are divided equally among them.22רָצָה לְהִטַּפֵּל בָּהֶן יָתֵר עַל זְמָן זֶה, שָׁם אוֹתָן בִּפְנֵי שְׁלוֹשָׁה בְּיוֹם שְׁלוֹשִׁים וּבְיוֹם חֲמִשִּׁים. וְכָל שֶׁיַּרְוִיחוּ אַחַר כָּךְ - יִטֹּל הַמִּתְעַסֵּק שְׁלוֹשָׁה חֲלָקִים, וַחֲבֵרוֹ רְבִיעַ הָרֶוַח; שֶׁהֲרֵי יֵשׁ לוֹ חֲצִי הַוָּלָד, וּמִפְּנֵי שֶׁנִּתְעַסֵּק בַּחֵצִי שֶׁל חֲבֵרוֹ נוֹטֵל חֵצִי אוֹתוֹ הַחֵצִי; הֲרֵי שְׁלוֹשָׁה רְבָעִים. וְאִם לֹא הִתְנָה כֵּן בִּפְנֵי שְׁלוֹשָׁה - הֲרֵי מָחַל, וְהַוְּלָדוֹת בֵּינֵיהֶן בְּשָׁוֶה כְּמוֹת שֶׁהֵן.
In a place where it is customary to figure in a porter’s fee to the money invested that fee should be added. The entire fee that the administrator receives for carrying the merchandise should be figured into the profit on the investment.23 Similarly if it is the local custom to add an extra fee for handling an animal,24 it should be added. In a place where it is customary to add an extra fee to the caretaker’s wages for handling offspring,25 it should be added.מָקוֹם שֶׁנָּהֲגוּ לְהַעֲלוֹת שְׂכַר כַּתָּף לִמְעוֹת הָעֵסֶק - מַעֲלִין, וְיִהְיֶה כָּל הַשָּׂכָר שֶׁנּוֹטֵל הַמִּתְעַסֵּק בִּשְׂכַר שֶׁנּוֹשֵׂא עַל כְּתֵפוֹ בִּכְלַל שְׂכַר הַמָּעוֹת; וְכֵן אִם דַּרְכָּן לְהַעֲלוֹת שְׂכַר הַבְּהֵמָה, מַעֲלִין. מְקוֹם שֶׁנָּהֲגוּ לְהַעֲלוֹת וְלָדוֹת בִּשְׂכַר עֲמָלוֹ, מַעֲלִין.
Whenever a person enters into an investment or partnership agreement he should not deviate from the local business practices.26וְכָל הַמִּתְעַסֵּק אוֹ הַמִּשְׁתַּתֵּף סְתָם, לֹא יְשַׁנֶּה מִמִּנְהַג הַמְּדִינָה.
5The following rules apply when Reuven owns a field and invites Shimon to till it; to sow it or to plant within it, to manage the expenses spent on its account to sell the produce, and to divide between them the profit that exceeds the cost. Whether they agreed to divide the profits equally or they agreed that Reuven would receive a larger share, whether all the expenses were undertaken by Reuven or by Shimon, any such arrangement is permitted. Even “the shade of interest” is not involved.27הרְאוּבֵן שֶׁהָיְתָה לוֹ שָׂדֶה, וְהוֹרִיד שִׁמְעוֹן לְתוֹכָהּ לְזָרְעָהּ אוֹ לְנָטְעָהּ וּלְהוֹצִיא עָלֶיהָ הוֹצָאוֹת וְלִמְכֹּר הַפֵּרוֹת, וְכָל הַיָּתֵר עַל הַהוֹצָאָה יִהְיֶה בֵּינֵיהֶם - בֵּין שֶׁהִתְנוּ שֶׁיַּחְלְקוּ בְּשָׁוֶה, בֵּין שֶׁהִתְנוּ שֶׁיִּטֹּל רְאוּבֵן יָתֵר, בֵּין שֶׁהָיְתָה הַהוֹצָאָה כֻּלָּהּ מִשֶׁל רְאוּבֵן, בֵּין שֶׁהָיְתָה מִשֶּׁל שִׁמְעוֹן - כָּל זֶה מֻתָּר, וְאֵין כָּאן אֲבַק רִבִּית.
Shimon, who takes care of working the land, managing the expenses and selling the produce, is called a sharecropper.וְשִׁמְעוֹן הַמִּטַּפֵּל בַּעֲבוֹדַת הָאָרֶץ וּבַהוֹצָאָה וּבִמְכִירַת הַפֵּרוֹת, הוּא הַנִּקְרָא 'אָרִיס'.
If the sharecropper claims: “I agreed to till the field for half the profits,” but the owner of the field claims that they agreed on a third, we follow the local custom.28 The one whose claim departs from the local custom must bring proof29 to support his position.אָרִיס אוֹמֵר 'לְמֶחֱצָה יָרַדְתִּי', וּבַעַל הַשָּׂדֶה אוֹמֵר 'לִשְׁלִישׁ הוֹרַדְתִּיו' - הוֹלְכִין אַחַר מִנְהַג הַמְּדִינָה; וְזֶה שֶׁטָּעַן שֶׁלֹּא כְּמִנְהָג, עָלָיו לְהָבִיא רְאָיָה.
6The following laws apply when a husband hires sharecroppers to till property belonging to his wife, and then he divorces her. If the husband is himself a sharecropper,30 since the husband does not have any connection to the property any longer, the sharecroppers’ connection also ceases.31 If the value of the field increases, they are granted only the share of their expenses equal to the field’s increase in value.32 And they must support their claim with an oath. If the husband is not a sharecropper, we assume that the sharecroppers were hired according to the custom of the land,33 and they are given the share granted to other sharecroppers.ובַּעַל שֶׁהוֹרִיד אֲרִיסִין בְּנִכְסֵי אִשְׁתּוֹ, וְגֵרְשָׁהּ: אִם הָיָה הַבַּעַל אָרִיס - הוֹאִיל וְנִסְתַּלֵּק בַּעַל, נִסְתַּלְּקוּ הֵם, וְאֵין לָהֶם מִן הַהוֹצָאָה, אֶלָא שִׁעוּר הַשֶּׁבַח וּבִשְׁבוּעָה. וְאִם אֵין הַבַּעַל אָרִיס - עַל דַּעַת הָאָרֶץ יָרְדוּ, וְשָׁמִין לָהֶם כְּאָרִיס.
7When brothers or other heirs do not divide the estate of their benefactor, but instead, they all use it together, they are considered partners in all matters.34זהָאַחִין אוֹ שְׁאָר הַיּוֹרְשִׁין שֶׁלֹּא חָלְקוּ יְרֻשַּׁת מוֹרִישָׁן, אֶלָא כֻּלָּן מִשְׁתַּמְּשִׁין בָּהּ בְּיַחַד - הֲרֵי הֵן כְּשֻׁתָּפִין לְכָל דָּבָר וְדָבָר.
If one of a group of brothers or one of a group of partners was appointed to the service of the king, the profit he receives is divided among them.35 If one of them becomes ill and is cured,36 the expenses required for his cure should be shared.37 If, however, he became sick because of his own negligence, he went out in the snow, or in the sun during the summer until he became ill or the like,38 he is responsible for bearing the expenses for his cure by himself.39אֶחָד מִן הָאַחִין אוֹ מִן הַשֻּׁתָּפִין שֶׁנָּפַל לְאֻמָּנוּת הַמֶּלֶךְ, הָרֶוַח לָאֶמְצָע. חָלָה אֶחָד מֵהֶן, וְנִתְרַפֵּא - נִתְרַפֵּא מִן הָאֶמְצָע; וְאִם חָלָה בִּפְשִׁיעָה, כְּגוֹן שֶׁהָלַךְ בַּשֶּׁלֶג, אוֹ בַּחַמָּה בִּימֵי הַחֹם, עַד שֶׁחָלָה, וְכֵן כָּל כַּיּוֹצֵא בָּזֶה - הֲרֵי זֶה מִתְרַפֵּא מִשֶּׁל עַצְמוֹ.
Footnotes
1.

I.e., the difference between the value of the eggs and the value of the chicks once they have grown into chickens.

2.

The agreement between the two is an iska arrangement. Half of the eggs are considered a loan, and half are considered an entrusted object. Hence, unless the owner of the eggs pays the chicken farmer a wage, the work that the chicken farmer invests resembles interest. I.e., it appears that he is tending to the half of the eggs given to him as an entrusted object, in consideration of the fact that he was given the others as a loan.
Some manuscripts and early printings of the Mishneh Torah also include the phrase “as an unemployed worker” in this clause. With regard to the definition of the term “unemployed worker,” see Chapter 6, Halachah 2.

3.

I.e., the difference between the value of the animals when they were small and their value once they have grown.

4.

For it is not until this time that one will receive a proper price for them.

5.

See Chapter 4, Halachah 4.

6.

I.e., the difference between the value of the animals before they were fattened and their value afterwards.

7.

I.e., this extra amount is considered his wage.

8.

Of the same type. Thus, he is performing the same work for his own animals as he performs for the sake of the animal that was entrusted to him. Therefore, he need not be paid a large amount as a wage.

9.

Note the parallel in Chapter 6, Halachah 2.

10.

Chapter 6, Halachah 3.

11.

Without the owner’s having to pay the caretaker a wage.

12.

And thus, one might say that caring for the portion that is an entrusted article appears as interest.

13.

And this benefit takes the place of his wage.

14.

And thus caring for it appears as interest.

15.

From the Tur and the Shulchan Aruch (Yoreh De’ah 177:23), it would appear that 18 months is sufficient for cattle.

16.

The Shulchan Aruch (ibid.) write that the owner may also require the caretaker to keep the animal for the entire duration. For, since the animal is older and eats more, greater effort may be necessary to provide for its upkeep (Turei Zahav 177:30).

17.

For if the division is made before then, the caretaker will have invested a share of work that exceeds the measure of the profits that he could reap.

18.

E. g., sheep or goats.

19.

Who are knowledgeable with regard to such matters. See Chapter 5, Halachah 9.
This applies in an instance when he does not notify his partner. If he notifies his partner, the presence of three people is not necessary (Beit Yosef, Shulchan Aruch, Yoreh De’ah 177:23).

20.

For it is part of his share of the profits of raising the other animals.

21.

He does not have to be given a wage for caring for his colleague’s share of the animal, since he is already caring for his own portion of that same animal. (See Kessef Mishneh and Lechem Mishneh.)

22.

By making the stipulation, the caretaker is concluding their partnership with regard to that animal, and then renewing it on different terms. If, however, he does not make such a stipulation, the original partnership continues. In such an instance, the offspring are considered part of the profits of that partnership and are divided accordingly. Note the parallel in Bava Batra 143b.

23.

I.e., it should be considered an expense of the partnership and borne equally by both partners. If the caretaker carries the merchandise himself, he should be paid this wage (Turei Zahav 177:27).

24.

Because handling an animal is more difficult than handling merchandise. Our translation is based on the commentary of the Lechem Mishneh. Rashi, Bava Metzia 68b and the Ra’avad interpret the phrase s’char behemah as referring to an additional amount paid for carrying the animal. For when an animal is young, there are times when the caretaker is required to carry it from place to place.

25.

For these require even greater care.

26.

As explained on several occasions, when a person enters into a business arrangement, unless it is explicitly stated otherwise, we assume that he agrees to follow the locally accepted norms.

27.

Landed property is considered to remain in the possession of its owner at all times. Hence, there is no concept of a loan involved, and therefore no question of interest. Indeed, the Sages of the Mishnah themselves would employ sharecroppers (Kessef Mishneh).

28.

We assume that the two agreed to divide the profits according to the ratio that prevails throughout the local community.

29.

Witnesses to the agreement or a signed contract.

30.

I.e., is knowledgeable about farming and would till the land himself if he could not find a sharecropper to till it [Rashi (Ketubot 80a)].

31.

For it was the husband who hired them, and their contract is with him (Hilchot Gezelah 10:12).

32.

See Hilchot Gezelah loc cit., which explains that they are considered having tilled a person’s property without permission. Therefore, they are judged at a disadvantage. If they increase the value of the field more than they spend, they are given only their expenses. And if the value of the field has not increased as much as they spent, they are given only the amount of the field’s increase in value. See also Hilchot Ishut 23:9.
The reason for this severe ruling is that the woman could tell the sharecroppers: “These are the conditions that my ex-husband would have had to abide by. Had you not accepted the field, he would have had to till it. Hence, I should not be forced to lose any more than I would if he had tilled it” (Kessef Mishneh).

33.

I.e., whether or not she was married, the woman would have hired them. Hence, they are given the advantage in court if the woman desires to have them removed. If they spent more than the increase in the value of the field, they are reimbursed for their expenses. If the field’s increase in value exceeds their expenses, they are reimbursed for the increase in value.

34.

See Hilchot Nachalot, Chapter 9, which explains these concepts in greater detail.
From that source and from the Rambam’s Commentary on the Mishnah (Bava Batra 9:4), it appears that the guiding principle is that as long as they do business as a group, they are judged as partners. If, however, one of the brothers or partners invests his own money or effort into a separate enterprise, that is considered a private undertaking.

35.

See Hilchot Nachalot 9:6, which explains that this ruling applies when the person is appointed to this position because of his father - i.e., the king says: "Let us perform a kindness to the orphans." If, however, the king appoints the son because of his own merits - without considering those of his father - he is entitled to the profit himself.

36.

The Shulchan Aruch (Choshen Mishpat 177:2) rules that before paying for the cure, the partners may elect to dissolve the partnership.

37.

For his sickness is considered an act of God to be borne by all the members of the partnership.

38.

E. g., ate foods that are known to cause sickness (Rambam’s Commentary on the Mishnah).

39.

For in this instance, he himself was the cause of his sickness.
Based on the Ramban and other Rishonim, the Shulchan Aruch (Ibid.) qualifies the Rambam’s ruling, explaining that if the person’s cure has a limited, defined cost, he must bear it himself. If, however, the cost is undefined, it must be borne by the others, even though his illness was due to his own negligence.
The Tur and the Ramah differ and maintain that when the person is negligent, the others are never liable. Moreover, even when he did not cause his sickness himself, if it has a definite cost, he must bear it alone.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.