|(Permission is granted to redistribute this material as long as the Kollel
header and the subscription info at the end are included.)
CHARTS FOR LEARNING THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rabbi Mordecai Kornfeld
Email - firstname.lastname@example.org
Bava Metzia Chart #14a
Bava Metzia Daf 49b-50b
WHAT IS THE LAW OF "ONA'AH?"(1)
THE BUYER CLAIMED THE OVERPAYMENT WITHIN "AD KEDEI SHE'YAR'EH"
THE BUYER CLAIMED THE OVERPAYMENT AFTER "AD KEDEI SHE'YAR'EH"(2)
||HE WAS OVERCHARGED LESS THAN 1/6
||HE WAS OVERCHARGED EXACTLY 1/6
||HE WAS OVERCHARGED MORE THAN 1/6
||Safek Bitul Mekach(7)
(1) These laws apply both to a buyer who was overcharged, and a seller who
was underpaid. However, with regard to a seller who was underpaid, there is
no limit to when he may make his claim (since he is not holding the
merchandise such that he can show it to someone to have it appraised), and
thus only column (A) applies to a seller.
(2) This applies only to a buyer. A seller, though, may claim an
underpayment whenever he notices that he was underpaid, with no time
constraint (51a; see previous footnote).
(3) 50a; see next footnote.
(4) That is, the overpayment is not refunded to the buyer because we assume
that he acknowledged the overpayment and decided to forego claiming it.
(5) The Tana'im (50b) argue whether one who was defrauded may annul the
purchase altogether (Rebbi) or whether the purchase remains valid but the
overpayment must be refunded (Rebbi Nasan). (According to Rabah (51a), Rebbi
makes a compromise: if the *buyer* was overcharged, the seller must refund
the overpayment but the sale is valid, however if the *seller* was
underpaid, he has the option to receive the balance from the buyer or to
annul the sale if he wants.) Everyone agrees, though, that in cases of
Ona'ah the one who *defrauded* does not have the right to cancel the
(6) That is, the purchase is null and void and either the seller or buyer
may choose to cancel the purchase.
(7) 50b; see previous footnote. The Safek is whether it is considered Bitul
Mekach, or Mechilah (see footnote #4).
For questions or sponsorship information, write to email@example.com