By From writings of Harav Chaim Kohn shlita | |||
#281 |
Vayeira |
4.11.2015 |
N/A |
Q: Can there exist a partnership to work jointly without joint assets?
A: In a monetary partnership, each partner owns his share of the assets, but subjects them to the other party for the needs of the partnership. Similarly, in a work partnership, each person subjects himself to the other party to perform the necessary work, in accordance with the terms of the partnership (C.M. 176:1-3).
Some authorities write that people can also form a partnership not to work when there is a public need, such as employees who form a union. They commit one to another to refrain from work when striking, in order to protect their joint interests against the employer.
Halachic basis for the concept of a union is that workers of a trade can jointly enact terms and penalties binding on all trade members in the city. There are many details in this regard (Igros Moshe, C.M. 1:59, based on B.B. 9a and C.M. 231:28; Mishpat Shalom, ibid).