[Avodah] Material Ownership

Micha Berger micha at aishdas.org
Wed Jun 4 05:37:15 PDT 2025


On Wed, Apr 30, 2025 at 11:06:45AM +0300, Joel Rich via Avodah wrote:
> There are certain times when a partnership with a non-Jew affects halacha
> (eg
> pidyon bchor). Is there a minimum percentage ownership required?

I don't know. I just want to split up the problem by pointing out multiple
grounds for saying that the shituf doesn't fall under the obligation. And
it could depend on the mitzvah which sevara applies. A chiyuv could be on:
1- a cheftza,
2- rov (rubo kekulo) of the cheftza, or
3- anything, rather than thinking in terms of objects, and thus even a mi'ut
of a cheftza would be obligated.

In the first case, we would find that any share at all would be eneough
for the chiyuv not to apply. I didn't think it through, but at first
glance the beginning of Mes' Bekhoros seems to reason about bekhoros
this way. If a non-Jew owns a shar in even just an ear of the bekhor,
isn't it patur from being given to a kohein?

In the second case, the non-Jew would have to be at least half owner.
Can't think of an example, but it seems a legally plausible possibility.

And in the last case, as long as the Jew owns any of the cheftza, he would
have a chiyuv. And this could bery well apply to chameitz; wouldn't the
Jew have to divest from chameitz he owns with a non-Jew in partnership?

Tir'u baTov!
-Micha

-- 
Micha Berger                 Friendship is like stone. A stone has no value,
http://www.aishdas.org/asp   but by rubbing one stone against another,
Author: Widen Your Tent      sparks of fire emerge. 
- https://amzn.to/2JRxnDF                - Rav Mordechai of Lechovitz


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