Date: 24 Menachem Av 5562
From: Rabbi Moshe Sofer
To: Unknown recipient
The Chasam Sofer rules in accordance with the Rema that a partner who voluntarily manages shared property without a prior stipulation is a shomer chinam, liable for negligence but not theft or loss. He resolves the apparent contradiction between the Rema's rulings in Simanim 176 and 401 by distinguishing voluntary partnerships from involuntary ones, relying on the Ra'ah's distinction. He further rules that a kim li claim cannot be advanced against this established ruling of the Rema.
Source: Shu"t Chasam Sofer CM §93