More Discussions for this daf
1. 10 bad trees out of 100 2. Ona'ah when selling wine
DAF DISCUSSIONS - BAVA BASRA 95

Shmaya Ormonde asked:

In the case of the martef if someone were to just say martef the halacha is that he can even give vinegar.What if he would charge the price of wine-would that be onaah as vinegar is less expensive than wine.If the buyer gave wine could he go back on the deal like in 83b.

Shmaya Ormonde, england

The Kollel replies:

These halachos do not preempt the Halachos of Ona'ah. The case has to be one in which either there is no difference in price (the Gemara even speaks of situations where vinegar is in demand and is more expensive than wine), or the deal was to sell at the going rate, and the question is not the price but rather reneging on the deal.

D. Zupnik

Shmaya Ormonde asks:

thanks for the reply.

1. where is the gemara about vinegar being more expensive than wine.

2. also what do you mean sell at the going rate-can you be mochel onaah?

The Kollel replies:

1. Berachos 5b.

2. Whether or not you can be Mochel Ona'ah is a separate issue (see Bava Metzia 51b). However, if you sell at the going rate (the market price), there is no Ona'ah (which is the true price); the person accepts to pay the true market value.

D. Zupnik