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Goral in Monetary Halacha
Parasha & Halacha Shiur Summary on Parashat Bo by Rabbi Chaim Naftali
Partners that want to split up a partnership into equal parts, with all the property being of equal stature, the Halacha is that they cast lots – a raffle – to ensure a fair process.
The Halacha is that once one lot was picked (i.e. Reuven was assigned to Lot A, although the other lots weren’t picked), the raffle is irrevocable. There is a dispute among the Rishonim whether this means that none of the participants can back out and the raffle system must be carried out for the rest of the lots or whether the one who received his portion must stick with it but the others can back out or remain partners on the remaining shares.
The Gemara discusses why a raffle works. At first, the Gemara compares it to the division of Eretz Yisrael by Yehoshua Bin Nun, although in that scenario there were also the Urim V’Tumim, which was a form of prophecy. Ultimately, the Gemara suggests that it is because there is a mutual benefit to the parties thus there is assumed agreement to the outcome.
Most Rishonim: Rashbam, Rambam and many more maintain that the second understanding in the Gemara is the conclusion. Thus, once a lot is cast it is binding as a full-fledged Kinyan (act of acquisition) and the parties own their shares irrevocably. However, the Rosh, cited by the Tur, maintains that a Kinyan must still be enacted. The Bach write that the Rosh must have had a different version of the Gemara.
Maran follows the Rambam whereas the Rama follows the Rosh (there is a discussion as to the Raavad’s opinion, according to the Kenesset HaGedola and Hacham Ovadia Yosef he doesn’t agree with the Rosh, whereas according to the Lehem Mishne, he holds like the Rosh).