REVACH L'DAF
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SUMMARY
If the widow undersells one of the properties of the orphans but does not sell it for more than she is owed for her Kesuvah, the sale is valid. (1)
If a person instructs a Shali'ach to buy a Lesech of land and he buys twice the amount, the purchase is valid for the amount of a Lesech. (2)
A Shali'ach was instructed to buy a cloak for one Dinar and he spent half a Dinar on a cloak and the other half on a Talis. If the cloak is Hekdesh, both the sender and the Shali'ach are Chayav a Korban Me'ilah. (3)
Rebbi Yehudah: Since the Shali'ach bought a cloak for half of the cost, the sender is not Chayav to bring a Korban Me'ilah. (4)
Rebbi Yehudah agrees that if the Shali'ach is instructed to buy legumes for one Dinar and he spent only half a Dinar, the sender is Chayav to bring a Korban Me'ilah. (5)
A Shali'ach was instructed to sell a field to one person and not to two people. If he sells it to two people, the sale is void.
The Amora'im disagree about whether the sale is void when a Shali'ach is instructed to sell a field to one person and he sells it to two people.
If a Shali'ach is instructed to sell a field and he undersells it, the sale is void. (6)
The laws of Ona'ah do not apply to Karka.
If a Shali'ach is instructed to separate Terumah, he should separate the amount that the owner would want to separate.
If the Shali'ach does not know how much the owner wants to separate for his Terumah, he should separate 1/50th. (7)
If an owner inadvertently separated 1/20 of his produce, his Terumah it is valid.
A BIT MORE
1. The concept of Ona'ah does not apply to land. Therefore, even if she undersells the property, the sale is valid.
2. He is regarded as being Mosif (adding) on to his Shelichus but not contravening the Shelichus.
3. The sender is Chayav to bring a Korban Me'ilah for n the cloak, and the Shali'ach is Chayav for the Talis.
4. The Shali'ach is regarded as a Shali'ach who contravened the Shelichus. Therefore, the sender is not liable. Even if the cloak which he bought for half a Dinar is really worth a full Dinar, Rebbi Yehudah rules that since he would have received proportionately an even better cloak had he had spent the entire Dinar, he is considered to have contravened his Shelichus.
5. This applies in a place where they sell a certain measure of legumes for a fixed price. Since it is being sold for a fixed price, one does not receive proportionately more if he spends more.
6. He is regarded as a Shali'ach only when he benefits the sender, but not when his act is detrimental to the sender.
7. If the Shali'ach separates 10% more or 10% less than 1/50th, the Terumah is valid.
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BRIEF INSIGHT
BUYING FOR LESS THAN ITS WORTH
If a Shali'ach is instructed to sell a field and he undersells it, the sale is void, because he loses his status as a Shali'ach when his actions are detrimental to the sender. The Maharshal says that even if the buyer is unaware that the field does not belong to the Shali'ach, the sale is void. However, if a Shali'ach is instructed to buy a field and he overpays for it, even though he loses his status as a Shali'ach, if the seller was unaware that the Shali'ach was not buying it for himself the purchase is valid and the Shali'ach must pay for it from his own money.
QUICK HALACHAH
SELLING MORE OR LESS THAN INSTRUCTED
If one instructs a Shali'ach to sell a field the size of a Se'ah, and the Shali'ach sells twice the amount, the Shali'ach has added to the will of the sender and the sale is valid only for the amount of a Se'ah. The buyer, however, may back out if he says that he wanted to buy only two Se'ah.
If one instructs a Shali'ach to sell a field the size of two Se'ah and the Shali'ach sells only one Se'ah, the Shali'ach contravened the will of the sender and the sale is void. (Shulchan Aruch CM 182:8-9)
When a person instructs a Shali'ach to sell a field the size of two Se'ah, he obviously needs the money from the sale. Now that the Shali'ach sold only one Se'ah, the sender needs to sale another Se'ah as a separate sale and will have to write a separate Shtar. A person does not want to have many Shtaros held against him. He would have preferred to sell the entire field in one sale. (S'ma)
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