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You are here: Home / Parasha Audio / Buyout Offer

Buyout Offer

March 6, 2019 by shcassist

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https://theshc.org/wp-content/uploads/2019/03/SHE79_011_Pikudei_Buyout_Offer_Laws__Concepts_of_“Gud_O_Iggud”.mp3

A Parasha & Halacha Shiur by Rabbi Chaim Naftali

Dissolving a partnership via Gud on Iggud

In order to split a partnership there must be a sizeable enough share left for each individual partner. For example, if they own a joint courtyard and want to split it, each of the partners must receive a share that can still be considered a courtyard.

If this is not the case, the Halacha is that one partner can offer to be bought by or buy his partner’s share out – Gud Oh Iggud. L’Halacha, this offer must be made in a Bet Din. This offer is not subject to the rules of Ona’ah (as one of the Aharonim suggests) because that is the nature of the deal.

The Rishonim have a debate when one partner has a large share – which can withstand a division – and the other has a small share, if the one with the smaller share can initiate a buyout offer and to what extent (maybe just to increase his share to a sizeable share).

Filed Under: Parasha Audio, The Sephardic Halacha Journal

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