A Business Partnership when a Relative of One of the Partners Dies: The Law of Acquiring His Share Before the Burial

Question

Two partners own a shop, and a relative of one of them dies. Can one partner transfer his share to the other partner before the burial, so that the shop can remain open during his mourning period, starting from the first day?

Answer

The correct way is for the shop to remain closed for the first three days. However, many have the custom to be lenient and to make a formal acquisition (with a “sudar”) while the partner is still an 'onen' (a mourner before the burial), whereby one partner transfers his share to the other partner. Someone who does this has authorities to rely upon.

Source

In Responsa Chatam Sofer (324), it states that an “onen” should not respond 'Amen' or fulfill commandments and is obligated in all laws of mourning, and he certainly should not engage in commerce during these days. He concludes, 'Although I am not comfortable with those who are lenient, nevertheless, one should not protest vehemently, and it is better that they err unknowingly.'
In Responsa Teshuvah MeAhavah (vol. III, Chapter 341), it states that the custom in Prague from time immemorial is that if one has a commercial shop in partnership, and one of them experiences a bereavement, he transfers he foregoes his share in favor of his partner through a formal acquisition with a “sudar” while he is still an “onen”.
In Responsa Divrei Malkiel (vol. II, Chapter 100), it states that it is possible to be lenient according to the discretion of the Rabbi, combined with the fact that in our days there are many taxes and high rents, which is why it is called 'davar ha'aved' (a matter of loss), and he’s allowed to have his work done by others, as explained in Shulchan Aruch, Yoreh Deah 380:5. And even though one is not allowed to do work publicly even in a matter of loss, as explained in Aruch HaShulchan, Yoreh Deah 380:27, nevertheless, it seems that he took into account the fact that some say that an 'onen' is not prohibited from work and ruled leniently.

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