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Shabbat Parashat Tazria Metzora 5780

P'ninat Mishpat: Giving a Partnership to One Partner

(based on ruling 78033 of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: The plaintiff (=pl) and defendant (=def) jointly opened a retail meat business. They have now decided to end the partnership, with def getting the business. They have asked beit din to do “express adjudication” to determine how to compensate pl. The two had opened an osek mursheh (app., a personal business) and took a large bank loan, for which they have been making monthly payments. Based on their written agreement, def worked five days a week in the store and received an 8,000 shekel a month salary; pl worked twice a week and received 1,800 shekels. Due to a dispute, pl stopped working in the store in Oct. 2017. Pl claims that the business is worth today 300,000 shekels, and since there is close to 100,000 shekels of debt, his half share for giving def full control should be at least 100,000 shekels. He claims to not be responsible for loans def took on the business without pl’s agreement. He claims there are also various payments that def improperly took from the business account. Def claims that the business is not presently worth anything, including because it does not presently have a license to operate as it is. He wants the value of the business to be estimated based on the time that pl stopped working at it. He therefore wants pl to pay 40,000 shekels of debt before leaving the business.

 

Ruling: The two sides agreed in the hearing to have Mr. B, who is not an appraiser but owned a supermarket in their region, to appraise the business’s value. Mr. B estimated the value of the business at 235,000 shekels, which took into account the fact that it does not yet have a license. He also took into account the present equipment and inventory.

Because this is “express adjudication,” we will estimate the value based on Oct. 2017. This is the only way (on technical grounds, mainly because pl is unaware of what transpired financially since then) to do a simple estimation.

It is true that Mr. B is not a professional appraiser and one can disagree with the way he used to appraise the business’s value. However, because there was logic in using him, because he is objective, and especially because the sides agreed to use him, the claim of one of the sides that he could have used a different system for appraisal is to be rejected.

Def claims that the business’s debt is 86,037 shekels. Pl does not know exactly but estimates it at 85,000 shekels. Since the difference between the sides is small and def has an exact number and a definite claim, we will follow it, just rounding it down to 86,000 shekels. Therefore, the value of pl’s half of the business is (235,000-86,000) /2 = 74,500 shekels.

Both sides argue that the amount of salary that they received from the business was unfairly low. Beit din rejects the relevance of both claims. As long as previous agreements were followed, that is the arrangement which should be binding.

The expert’s fee was paid by pl and by the business (instead of def) in equal parts. Since at this point, the business is owned by def, there is no need for def to have paid from his “private pocket.”
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Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha
Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Esther Michal bat Gitel

Yehudit Sarah bat Rachel

 

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

 

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

 

Rav Shlomo Merzel z”l
Iyar 10 5771

 

Rav Reuven Aberman z"l

 Tishrei 9     5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8    5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10       5774

 

Rav Asher Wasserteil z"l

Kislev 9   5769

 

R'  Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 5780

  

R'  Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13 5778

 

Rav Benzion Grossman z"l
Tamuz 23    5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tamuz 19     5778

 

R' Abraham Klein z"l

Iyar 18 5779

 

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is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
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