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Iska Contract
Where Money Is Advanced for Personal Use
I, the undersigned, have received the
sum of $__________________from (hereafter referred to as the "Investing
Partner"),
for investment in an Iska partnership, subject to the following terms:
In exchange for the aforementioned
sum, the investing partner shall acquire a share (in the value of the funds
received) in any investment, real estate or business which I own. In the
event that no such investments exist, the investing partner will acquire
partnership (in the value of funds received) in any future investment which
I shall make. The investing partner hereby appoints me as an agent to execute
this investment (or investments), as I deem appropriate, on his behalf.
This investment (or investments) shall be owned jointly by the investing
partner and myself. Any profits realized or losses sustained shall be shared
equally between the investing partner and myself.
Any claim of loss must be verified
through the testimony of two qualified witnesses in, and under conditions
acceptable to, an Orthodox Jewish court of law. Any claim regarding the
amount of profit generated by this investment (or investments) shall be
verified under solemn oath, before and under conditions acceptable to,
an Orthodox Jewish court of law.
It is agreed that if I return
the above-mentioned principal to the investing partner, together with an
additional _______________________________________as payment for his share
of the profits which are generated, then I will not be required to make
any further payment nor will be required to make an oath. I am obligated
to make this payment on or before _________________. If payment is
not made by this time, the terms of this Iska shall continue.
I have received one dollar from
the investing partner as payment for my
services during the term of our partnership.
In the event of any conflict between
the terms of this Iska agreement and the
terms of any other agreement signed by the two parties in regard to
these funds, the terms of this agreement shall prevail.
This agreement shall follow the
guidelines of Heter Iska as explained in Sefer Bris Yehudah. It is agreed
that any dispute which may arise in connection with this agreement shall
be submitted before ______________. Judgment rendered by
the aforesaid authority may be entered in any court having jurisdiction
thereof.
Dated ______________________
Signature of the Recipient _________________________
Signature of the Investor ___________________________ |