Siman 245 – Partnership with a gentile

גChelek 3

Let’s say you buy a mill (e.g.) together with a gentile partner, or you and he provide a service together – how can you allow the partner to work on Shabbos and still share the profits?

25. One method is to stipulate at the outset of the partnership that you aren’t expected to work at all on Shabbos. This will avoid the partner being deemed as your shaliach. You tell him: “Work on Shabbos and take the entire day’s profit for yourself no matter how much. I will work by myself on a weekday and keep all the profits of that day for myself.” It’s like you are not partners for those two days. (ShA 1 – MB intro., 2,4 – BeH “sheyaish”)
26. When you come to split the profits, the gentile partner can choose just to split it all equally even if the profits from Shabbos exceed the profits that you made on your day. Some poskim forbid you to suggest this yourself. (ShA 2 – MB 13)
27. If it will not be known, or you lost track of how much profit each day brought in, you can demand to split it equally. (MB 6 – ShaH5)
28. Here are two cases which are forbidden:
    1. The stipulation at the start was just: “You work on Shabbos and I’ll make up for you one day during the week.” Your extra work is like payment for him being your shaliach to work on Shabbos.
    2. You said nothing until dividing the profits, “You take money for your work on Shabbos and I will take for my work that was only during the weekdays.” (MB intro.,7)
29. If no stipulation was made, you can allow the business to operate on Shabbos. Just at the division of profits, subtract the amount made on Shabbos first. If the amount is unknown, subtract a seventh for the partner and split the remainder equally. If by subtracting the profits of Shabbos (or 1/7) you will suffer a great financial loss, you can rely on the opinion that holds it’s okay to split it all equally. (ShA 1)
30. If the nature of your business is for people to come and help themselves doing the melacha so that your gentile partner does no work, you are allowed to split the Shabbos earnings equally. One consideration: don’t divide only those earnings at one time – that will be s’char Shabbos. (MB 1)
31. Even if you didn’t make the stipulation with your partner at the start of your partnership, it’s not too late. Look at the Shulchan Aruch for a way to restart the business with the stipulation. (ShA 3)
32. Another option is to rent out part of your share to another gentile (or to your existing partner). For example: He will pay you for 55 days’ worth of using the business and he will work the 52 Shabboses, plus a few extra weekdays so it won’t be S’char Shabbos. (Rama 3 – MB 15)
33. You are allowed to give your money to a gentile to do business with it also on Shabbos. You will get a percentage of the profits. (ShA 4)
34. You are allowed to hire a gentile at a fixed wage to sell merchandise for you even on Shabbos, as long as you don’t tell him “sell on Shabbos”. If market day is only on Shabbos, then it is ossur because it’s as if you tell him “sell on Shabbos”. (ShA 5 – MB 21)
35. If you have an appliance (e.g. oven) on your property and non-Jews come to use it on Shabbos (even without your permission) any payment that they want to give you will be ossur because of s’char Shabbos. (ShA 6 – MB 24)