then, if a person wished, he could refuse a gift. But once he accepts it, it becomes a form of gain. Its being uncommon does not prevent it from being included in the partnership. Thus, if he says, “I am content that, if I am given a gift, I will include it,” the jurists say: This is not permissible, because it involves a degree of uncertainty and excessive ambiguity, since it is not something regular and known; rather, it is something uncommon. So how can it be included in the partnership?
But I say: if the person who acquires this uncommon gain—whether through his own action or otherwise—says, “I will include it in the partnership and make it a voluntary contribution from me to my partner,” then this is permissible. However, it is not permissible to make it part of the contract. If he says, “I am content to make it part of the contract,” we say: You may be content today, but when the money comes, you will not be content; rather, you will regret it. Therefore, we say that the partnership is invalid if an uncommon gain is included in it. Although there would be some basis for holding that the condition, rather than the contract itself, is invalid.
His statement: “Or if either of them becomes liable for compensation due to usurpation or the like, it is invalid.” This differs from a fine, for a fine may arise without a person’s choice, whereas usurpation is by his choice. For example, they may say: “We are unrestricted partners, but any liability incurred by either of us for usurpation is borne by the partnership.” One of them says, “There is no objection,” and they agree to this. The author says that the partnership is invalid, and he is correct, because this may seriously deplete the partnership’s funds. Moreover, this partner may perhaps raid people and usurp their property. Thus, if they include in the partnership the liability incurred by either of them for usurpation, destruction of property, and the like, the partnership is invalid, because this would lead one of them to violate people’s rights through usurpation and theft,