11:26:40


[Login]   
[Book List]  
 
Bidding Information
Lot #    11971
Auction End Date    11/1/2005 10:37:00 AM (mm/dd/yyyy)
          
Title Information
Title (English)    Shetar Iskah (investment deed)
Title (Hebrew)    שטר עיסקא
Author    [Unrecorded]
City    Hamburg
Publication Date    1840
          
Collection Information
Independent Item    This listing is an independent item not part of any collection
          
Description Information
Physical
Description		    [2] ff., 240:186 mm., creased on folds, usual age staining. Unrecorded.
          
Detailed
Description		    Printed form of the Iskah contract in Hebrew and German. In order to avoid a situation in which the party furnishing the capital ultimately receives an increment on his investment which is in the nature of interest, there was evolved a form of transaction known as iskah, i.e., "business," in which half of the furnished capital constitutes a loan to the "businessman," or active partner, and the other half is held by him in the form of a deposit (BM 104b and codes). The parties to an iskah are free to stipulate as they please, provided that they observe the principle that the "businessman" must enjoy some greater benefit than the "capitalist," by way of remuneration for his services (BM 5:4). It would seem that the profits from the loan part of the capital belong to the businessman and the profit from the deposit part, after deduction of the former's remuneration, belong to the capitalist. Unless otherwise agreed upon, the businessman is to receive wages as a regular worker if he devotes himself entirely to the affairs of the business, and if not, he may be paid a token amount. Another possibility, if nothing is stipulated, is that the businessman receives two-thirds of the profits, and bears one-third of the losses (Yad, Sheluhin 6:3) or, according to another opinion, one-half of the losses (Hassagot Rabad thereto). The businessman's liability in respect of the loan half of the capital is absolute, whereas his liability in respect of the deposit half is that of a gratuitous bailee (Yad, Sheluhin 6:2) or according to another opinion, that of a bailee for reward (Hassagot Rabad, ibid.).
          
Reference
Description		    EJ
        
Associated Images
2 Images (Click thumbnail to view full size image):
  Order   Image   Caption
  1   Click to view full size  
  
  2   Click to view full size  
  
  
Listing Classification
Period
19th Century:    Checked
  
Location
Germany:    Checked
  
Subject
Other:    Contract
  
Characteristic
Language:    Hebrew, German
  
Manuscript Type
  
Kind of Judaica