By From writings of Harav Chaim Kohn shlita | |||
#282 |
Chayei Sarah |
8.11.2015 |
N/A |
Q: Is there a problem forming a partnership with a gentile?
A: The Gemara (Sanhedrin 63b) states that one may not form a partnership with a gentile lest the gentile be required to take an oath and will swear in the name of his god; and it is prohibited to cause invoking the name of idolatry. Nonetheless, if one did form a partnership and the gentile was required to swear, it is permissible to accept the oath from him; it is not necessary to forfeit the claim (C.M. 176:51; O.C. 156:1).
Some authorities permit forming a partnership with gentiles nowadays, since they no longer swear in the name of idols, but rather their primary intention is to the Creator, even though they include others with Him (Rema, O.C. 156:1).
If the gentile will operate the business on Shabbos, one should consult a halachic authority on how to arrange this (see O.C. 245).
Additionally, one should avoid forming a partnership with a wicked person or one who consistently suffers bad fortune (Kaf Hachaim 156:19).