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Revach L'Daf
יום ה', פרשת מצורע
Bava Metzia 50

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  • Summary of the Daf
  • 1. If a seller is a victim of Ona'ah he has the option of demanding the purchase item back and retract from the sale or he may maintain the sale and demands the extra sixth that he undercharged by.
  • 2. It is a Safek if a person is Mochel immediately if he is over or undercharged less than a sixth or he is only Mochel after he has sufficient time to show the item to a merchant or the seller.
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  • 3. The Chachamim hold if someone is under or overcharged by a sixth it is Ona'ah, while R. Tarfon holds that if someone is under or overcharged by a third it is Ona'ah.
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  • 4. The Chachamim hold that a buyer who is the victim of Ona'ah may only claim the Ona'ah within the time it takes to show the item to a merchant or a relative.
  • 5. R. Tarfon holds that a victim of Ona'ah may claim the Ona'ah for the duration of the day.
  • 6. It is a Safek if someone is overcharged by more than a sixth may retract the sale forever or only within the time to show the item to a merchant or a relative.
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  • 7. R. Nasan says if the seller undercharged by a sixth the sale is valid and the Ona'ah must be returned, while Rebbe holds that the seller has the option to retract from the sale or to demand his Ona'ah back.
  • 8. R. Nachman says that a buyer who was overcharged may only claim the Ona'ah within the time it takes to show it to a merchant or a relative but a seller who undercharged may claim the Ona'ah forever.
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  • Brief Insight
    MI SHE'PARA

    Rava says the Halachah is that if a person is under or overcharged by exactly a sixth he may demand that the Ona'ah be returned to him, however he may not retract from the purchase. The Ramban says if a person was overcharged a sixth and he gave the money but no Kinyan was made if he retracts he is cursed with a Mi She'Para. Even though he was overcharged since the Halachah is that he only has the right to demand the Ona'ah but not to retract, if he decides to retract even though no Kinyan was made he is cursed with a Mi She'Para.
  • Quick Halachah
    CHIYUV FOR ONA'AH

    It is forbidden to gyp you friend and if either a buyer or a seller gyps his friend it is a transgression of a Mitzvas Lo Sa'aseh. How much does the Ona'ah have to be to obligate him to return it? Exactly one sixth. What is the case? If he sold something worth six for five or something worth seven for six or something worth five for six or something worth six for seven it is Ona'ah and the purchase is valid and the perpetrator must pay the entire amount of the Ona'ah to the victim. If the Ona'ah is less than a sixth by even a slight amount for example he sold something worth seventy for sixty plus a Perutah he is not Chayav to return anything because it is usual for all people to be Mochel less than a sixth. (Shulchan Aruch CM 227:1, 2, 3)
  • Chakirah
    Why do we assume that a person who was over or undercharged less than a sixth is Mochel?
  • Author's Suggestion
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