Why does the Torah interrupt with the Dinim of Ona'ah between the Dinim of Yovel in the previous Pesukim and "Vetzivisi es Birchasi" in Pasuk 21?
Oznayin la'Torah: Because as long as the Torah has not informed us how and when fields revert to their owners, Pasuk 13 "bi'Shenas ha'Yovel ha'Zos Tashuvu Ish el Achuzaso" is meaningless,
Why does the Torah add the (otherwise superfluos) word "ve'Chi Simk'ru Mimkar ... "?
Seforno (citing Bava Metzi'a, 60b): To prohibit all forms of Ona'ah ? even making one's merchnadise look better than it really is ? which is merely Geneivas Da'as.
Bava Metzzi'a, 57b #1: To include S'chirus (rental) in the Din of Ona'ah - since it is considered a sale for a day. 1
Bava Metzi'a, 57b #2: To preclude Sh'taros (documents) from the Din of Ona'ah, since one is not selling their intrinsic value, and their value is in the form of testimony. 2
Why does the Torah insert the word "O Kanoh mi'Yad Amisecha"?
Ramban #1 (citing Bava Metzi'a, 56b) and Targum Yonasan: To confine the Isur Ona'ah to Metaltelin ? something that is acquired from hand to hand.
Ramban #2: To teach us that the Din of Ona'ah only applies to Metaltelin, but not to Karka 1 (or to Avadim, which are compared to Karka - Bava Metzi'a, 57b).
Kidushin, 26a: To teach us that Metaltelim are acquired via Meshichah - from hand to hand. 2
Bechoros, 13a: It teaches us that one acquires from a Yisrael with Meshichh, but not from Nochri, whose basic Kinyan is Kesef. 3
Refer to 25:15:1:2*. See also Ramban DH 've'Ulai'.
Min ha'Torah. This is the opinion of Resh Lakish, and is not Halachah. See Torah Temimah, note 87.
See note to answer #3.
What are the implications of "Mimkar la'Amisecha" and "Kanoh mi'Yad Amisecha"?
Rashi #1: It means simply that, when selling to or purchasing from one's fellow Yisrael, one is forbidden to cheat him.
Rashi #2: It implies that whether one is selling or purchasing, it should be to or from a fellow Yisrael.
Seforno: It refers to the seller cheating the purchaser - even if he only misleads him by removing the chaff from the top of the pile, 1 whereas "Kanoh mi'Yad Amisecha" refers to where the seller does not know the market price of the article he is selling - irrespective of how long he has owned it.
Bechoros, 13a: "Amisecha" implies a Yisrael ? to preclude a Nochri, to whom one is not obligated to return the Ona'ah. 2
Bechoros 13a & b: To teach us that only a Yisrael acquires Metaltelin via Meshichah, 3 but not a Nochri ? who acquires via Kesef. 4
Bava Metzi'a, 51a: "O Kanoh ... Al Tonu" teaches us that the purchaser is included in the La'av. 5
Refer to 25:14:152:1.
Seforno: As the Gemara states in Bava Metzi'a, 60a.
Interestingly, Chazal did not say that one is permitted to cheat a Nochri but that one is not obligated to return the Ona'ah. See Torah Temimah, note 83, who elaborates on the Isur of cheating Nochrim.
See also Torah Temimah, note 82, who elaborates.
See Torah Temimah, note 91 as to why the Torah needs to teach us both.
Why does the Torah add "O Kanoh mi'Yad Amisecha "?
Rashi and Seforno: Refer to 25:14:2.1:1-3.
What are the implications of the words "mi'Yad Amisecha"?
Targum Yonasan: It refers to someone who is forced to sell his household articles as a punishment for selling Sh'mitah-produce. 1
Refer to 25:14:2.1:3-5.
What is the Shi'ur Ona'ah?
Bava Metzi'a, 49b: Four silver Dinrim in twenty-four ? one sixth, is considered Ona'ah that needs to be returned; less than that, it is assumed that the purchaser or the seller is Mochel and need not be returned. 1
See Torah Temimah, note 90.
Why does the Torah write twice the La'av of Ona'ah (here and in Pasuk 17)?
Rashi, Ramban, Seforno and Targum Yonasan: Ona'ah in this Pasuk refers to Ona'as Mamon (overcharging or underpaying), whereas in Pasuk 17 it refers to Ona'as Devarim (verbal abuse). 1
Moshav Zekenim: The latter Pasuk includes causing pain to a poor man who asks for Tzedakah. One should not say to him 'You are healthy ? you should be working, and not asking for Tzedakah!' 2
Therefore the Pasuk writes in Koheles 5:13 ? about someone who gives a harsh response to an Ani "Ve'avad ha'Osher ha'Hu be'Inyan Ra". See Bechukosai, 26:43, where the Torah writes how the curses come "Ya'an u've'Ya'an ... ". "Ya'an" is an expression of answering, and "u've'Ya'an" contains the same letters as 'be'Ani' (because of your response to a poor man).
What are the ramifications of "Al Tonu ... "?
Rashi, Ramban #1 and Targum Yonasan: Refer to 25:14:3:1.
Ramban #2: It is a warning that the two parties should clarify to one another how many years there are until the Yovel, and to stipulate that, in the Yovel, the field must go back to the seller.
Seforno: With reference to the Pesukim that follow, it teaches us that, even though Karka is not subject to Ona'ah in the regulsar sense of the word, it is subject to Ona'ah if one detracts from the number of years that a field or a house is due to be sold - based on the principle that a discrepancy concerning a number, weight or measure even less than a sixth is considered Ona'ah. 1
See Ba'al ha'Turim.
What is considered Ona'ah? What happens if somebody transgresses?
Ramban: Regarding Metaltelim, if the difference from the market value is less than a sixth, the sale remains intact and the transgressor is not obligated to compensate the other party. 1 If it is a sixth 2 , the sale is valid, but the transgressor must return it. If it is more than a sixth, the sale is invalid.
Ramban: Because the owner tends to forego such a small amount. Nevertheless, the transgressor has contravened the La'av of 'Lo Sonu'.
Riva and Moshav Zekenim (in Pasuk 17, citing R. Yehudah ha'Chasid): A hint for this lies in the final letters of "[ve'Lo Sonu] Ish es Amiso Ve'yaresa" (Pasuk 17), which spell 'Sh'tus' (a sixth, in Aramaic). Perhaps they hold that Pasuk 17 applies also to Ona'as Mamon (PF).
What is the reason for the sequence of all the current Parshiyos?
Rashi (in 26:1): First the Torah warns about Sh'mitah (and Yovel); in the event that someone has a lust for money and is suspect on Sh'mitah, he will be forced to sell his Metaltelin (movable goods - Pasuk 14), then, his fields (Pasuk 15), 1 then his house (Pasuk 29); If he continues to transgress, he will be forced to borrow on interest (Pasuk 35); and finally, to sell himself, first to a Yisrael (Pasuk 39), and then, to a Nochri (Pasuk 47). 2
Rashi: Each punishment is worse than the one that precedes it. The Gemara in Kidushin, 20a, inserts selling his daughter at this stage. See Torah Temimah, note 75.
Kidushin, 20a: And finally, if he still refuses to relent, he will be sold to the Avodah-Zarah itself - to chop wood and draw water. See Torah Temimah, note 76.
Why does the Torah switch from "ve'Chi Simk'ru Mimkar" (plural) to "O Kanoh" (singular)?
Moshav Zekenim: We read these like 'Mem (forty) Kor' and 'O Kanoh', to forbid Ona'ah both for a giant field (three million square Amos) and a tiny field (the size of one stick).
Ramban and Moshav Zekenim (in Pasuk 15): The Torah initially taught the plural "Simk'ru" to include land and Metaltelim, and switched to the singular "Kanoh" to hint that Metaltelim are different - inasmuch as sometimes there is compensation, or where the sale is invalid.
Moshav Zekenim and Ibn Ezra: The plural "Simk'ru" teaches us to sell [land] in front of witnesses, whereas "Kanoh" warns a purchaser not to underpay. 1
Refer also to 25:14:2.1:3.
What are the implications of the words "Lo Sonu Ish es Achiv"?
Moshav Zekenim #1: It includes women.
Moshav Zekenim #2: It includes even where one or both parties are commoners.
Moshav Zekenim #3: It precludes a Katan who overcharges or underpays an adult.
Moshav Zekenim #4: It precludes where one overcharges or underpays a Nochri. 1
Bechoros 13b: It implies "Es Achiv", 've'Lo Hekdesh' ? to permit overcharging Hekdesh. 2
Sifra: It incorporates a man cheating a woman or vice-versa, a Hedyot cheating a Hedyot and a Hedyot, a merchant, 3 or vice-versa.
Refer to 25:14:4:2 & 3.
