For donations Click Here

Receiving Share of Commission

Two partners own a parcel of real estate (on a 50/50 basis). The partners agree to sell the real estate. Partner Abraham sets up a meeting between a real estate broker and partner Yizhak to see if Partner Yizhak is willing to hire the realtor. Partner Yizhak meets with her and agrees to hire the broker. The real estate broker tells partner Abraham that she will give him $13,000 from her commission whem she sells the property. This was not solicited by partner Abraham. The partner receiving the money from the broker (partner Avraham) wishes to know if he is halachically obligated to give his partner (Partner Yizhak) half of the money he receives from the broker.

Answer:

No, there is no obligation to share this monetary gain with the partner.

The reason for this is that the monetary gain is not directly related to the property, but rather to a personal relationship with the broker. Because the money is not earned by the property, there is no reason that it must be shared with the partner.

Having said this, you (partner Abraham) should take care, because if the other partner (Yithak) will find out about the arrangement, he will think it quite suspicious, and it is likely to cause a degree of ill-feeling. We are instructed to “be innocent before Hashem and before Israel,” so caution is required in this matter.

Best wishes.

Leave a comment

Your email address will not be published. Required fields are marked *