[Avodah] Corporate Entities

Micha Berger micha at aishdas.org
Tue Feb 21 07:28:36 PST 2012


Something in today's (Y-mi) daf made me wonder about corporate entities
in halakhah. Last couple of mishnayos in Sheqalim pereq 1 discuss the
difference between undivided inherited money (achizas habayis, almost
the same as the civil legal term "estate") and animals or money the
inheritors divided, but then recombine in a shituf.

Achizas habayis is chayav in maaseh beheimah, as there is one owner,
but the animals owned by a shituf do not. OTOH, if the inheritors use
achizas habayis to pay their machatzis hasheqal, they do not have to
pay a qolbon (an extra something to cover impurities in the coin and/or
exchange fees) because the AhB is paying for someone else, whereas if
the coins were owned beshituf, they're paying with their own money
and must pay a qolbon.

Thinking legally for a moment, a shituf is being treated as common
property among multiple owners. Something like a general partnership,
not even a limited or limited liability partnership.

But achizas habayis is treated like a real corporation, an entity in
its own right not actually owned by the inheritors.

Which made me wonder what other corporate entities exist in halakhah:
    heqdeish
    the tzibur -- and is that only Benei Yisrael as a whole, or can a
	city own something?

Are these valid? Are there others?

Tir'u baTov!
-Micha

-- 
Micha Berger             Mussar is like oil put in water,
micha at aishdas.org        eventually it will rise to the top.
http://www.aishdas.org                    - Rav Yisrael Salanter
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