A Partner’s Relative Is on His Deathbed

There are two partners in a store, and a relative of one of them is on his deathbed. Can this partner sell his part to the other partner so that it would be possible for him to open the store during first partner’s mourning period already from the first day?

He can sell to his friend, and then it will be permitted to open the store as usual. Even though people will think that it belongs to the mourner, nevertheless, since it is no longer his work, it is permitted. The mourner should not take his part in the store's profits. But if his partner chooses to give him his part of the profits from the mourning days by including them in other monies that he transfers to him, the mourner can take them.

Responsa Chatam Sofer Part 2 (Yoreh Deah) Siman 324 brought in Pitchei Teshuva subparagraph 4: 'I heard from the Gaonim and elderly sages, that if there were partners and one of his relatives is dying, they commanded to send through a trustworthy agent of the congregation that he nullifies the partnership and does not want to continue being a partner with him, and by this, they permitted the other partner to engage in business all the days of mourning; but they warned that no profit from the business of the mourning days should reach this mourner, and if afterwards they treated him favorably and included (these profits) in the general account, there is no problem in this. And this ruling is correct, there is no prohibition of business dealings and work since he sold his part while the relative was still alive and also there is no major desecration of mourning in public in the fact that this partner stands in his store in the days of mourning of the other one because everyone knows that he is working for his part of the partnership, by his own decision and for his own benefit.'