Hi,
The Heter Isska you have in English online lets me think that the sum invested must be returned to the investor no matter what happens. Is that correct?
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Answer:
This is not accurate. The document states that “The same shall apply to any losses incurred in the above business venture,” meaning that just as profits are shared, so, too, are losses. If the investment makes a loss, half of that loss will fall on the investor, and only half of his investment is therefore entirely guaranteed.
The reason for this is that the investment is divided as half loan, and half deposit: Only the loan is guaranteed, whereas the deposit can be eroded by means of losses.
In order to ensure that the creditor gets his money back, the document requires two valid Torah witnesses, which are usually hard to come by. Other documents add demands of an oath, and other similar means.
Best wishes.
