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Revach L'Daf
שבת, פרשת מצורע
Bava Metzia 52

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  • Summary of the Daf
  • 1. R. Meir says if a person pays with a Sela that is rubbed out the amount of four Isar, which is one Isar per Dinar, it is Ona'ah,
  • 2. R. Yehudah holds if it the Sela rubbed out the amount of four Pundiyon, one Pundiyon per Dinar, it is Ona'ah, while R. Shimon holds eight Pundiyon, two Pundiyon per Dinar.
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  • 3. Rava says the same Machlokes between R. Yehudah, R. Meir and R. Shimon applies to merchandise and the Mishnah which states that Ona'ah is a sixth is in accordance with R. Shimon.
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  • 4. Abaye says everyone agrees that Ona'ah for merchandise is 1/6th because a person is willing to spend a little extra for clothing and other merchandise, but a coin that is rubbed out since it will not be accepted as currency even if it is only missing a small amount it is Ona'ah.
  • 5. If a Sela is rubbed out less than the amount of Ona'ah it is permitted to use it as currency for the full value of a Sela.
  • 6. If a Sela or Dinar is rubbed out more than 50% it is not permitted to retain possession of it and one may not sell it to a merchant or a thief or murderer and instead he shall puncture it in the middle and use it as an ornament for his daughter.
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  • 7. If a Sela or Dinar is rubbed out more than 50% he shall not use it as a weight nor may he throw it among his scrap metal and he may not puncture it on the side and use it as an ornament.
  • 8. R. Ami says one may retain possession of a Dinar which was originally a Shekel, but not of a Dinar which was originally a Sela.
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  • 9. If a Sela was invalidated and it was prepared to be used as a weight it is susceptible to Tum'ah.
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  • 10. If a Sela was rubbed out to less than a Sela but more than a Shekel it is a Machlokes if it may be kept.
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  • 11. If a seller receives a coin that is rubbed out the amount of Ona'ah in a large city he may return it within the time it takes to show it to a money changer, while if he in a small town he has until Erev Shabbos.
  • 12. Abaye says regarding Ona'ah on merchandise there is also a distinction between a large city and small town and the Ona'ah may be claimed in a small town until Erev Shabbos.
  • 13. Rava says that regarding Ona'ah of merchandise there is no distinction between a large city and a small town and even in a small town he may only claim the Ona'ah within the time it takes to show it to a merchant or a relative.
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  • 14. If the purchaser who gave a rubbed out coin is a Chasid he shall allow the seller to return the coin even after 12 months if he recognizes that it is the coin that he gave him.
  • 15. If the purchaser is not a Chasid and he refuses to allow the seller to return the coin after he had sufficient time to show it to a moneychanger the seller has no recourse other than to complain.
  • 16. A Sela that is rubbed out may be used for the redemption of Ma'aser Sheni in accordance with the actual value of the coin.
  • 17. A person who refuses to accept a rubbed out coin that is still acceptable as currency is regarded as a bad soul.
  • 18. If a person has Ma'aser Sheni which is worth less than a Perutah he shall redeem the Ma'aser along with the fifth on money that was already used for the redemption of Ma'aser Sheni.
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  • Brief Insight
    LESS THAN ONA'AH

    If a Sela is rubbed out less than the amount of Ona'ah it is permitted to use it as currency for the full value of a Sela. The Rosh explains that even though the coin is rubbed out a little it is permitted l'Chatchilah to use the coin because the person who accepts the coin will pass on the coin to someone else and consequently he doesn't lose anything. However, regarding someone who overcharges for merchandise less than the amount of Ona'ah even though the sale is valid it is forbidden l'Chatchilah to do so because the buyer is losing out.
  • Quick Halachah
    ONA'AH FOR A MERCHANT

    Just as a private individual may claim Ona'ah if he undersells an item so too a merchant may claim Ona'ah if he undersells even though he is an expert. (Shulchan Aruch CM 227:14)
  • Chakirah
    Abaye says everyone agrees that Ona'ah for merchandise is 1/6th because a person is willing to spend a little extra for clothing and other merchandise, but a coin that is rubbed out will not be accepted as currency. This distinction is only logical regarding when the buyer is the victim of Ona'ah, what is the logic when the seller is the victim of Ona'ah.
  • Author's Suggestion
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DAF 52 (נב)
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