Bava Metzia - Daf 50
- Is אונאה less than a sixth (acc. to the Rabbonon) immediate מחילה, or only after בכדי שיראה?
In the Mishnah, the Rabbonon taught that one may claim אונאה by a sixth until enough time passed to show the purchase to a merchant or relative. The Gemara asks: פחות משתות לרבנן – Regarding fraud of less than a sixth according to the Rabbonon, לאלתר הויא מחילה – is the waiver of the deviation immediate, and it cannot be claimed, או בכדי שיראה לתגר או לקרובו – or only after enough time for him show it to a merchant or his relative? The Gemara attempts to resolve the question from the Mishnah, in which the תגרי לוד – merchants of Lod initially rejoiced when Rebbe Tarfon ruled אונאה to be a third, but returned to the Rabbonon when Rebbe Tarfon extended the time limitation to an entire day. If less than אונאה has a time limitation, we understand why they returned to the Rabbonon, whose time allowance is shorter. But if מחילה is immediate, Rebbe Tarfon’s opinion is still better for them, since an overcharge by less than a third is waived immediately according to him!? The Gemara answers that Rebbe Tarfon considers any amount between a sixth and a third equivalent to the Rabbonon’s sixth, and subject to his longer time limitation.
- Regarding בטול מקח according to the Rabbonon, can one retract forever, or only בכדי שיראה?
The Gemara asks: בטול מקח לרבנן – Regarding voidance of a sale according to the Rabbonon (i.e., a deviation greater than a sixth), לעולם חוזר – can he retract forever, או דלמא בכדי שיראה לתגר או לקרובו – or perhaps only until enough time for him to show the purchase to a merchant or his relative?
The Gemara attempts a resolution from the merchants of Lod returning to the Rabbonon’s position after Rebbe Tarfon extended the window for אונאה claims to an entire day. If more than אונאה has a time limit, Rebbe Tarfon’s extension to an entire day for over a sixth (compared to the Rabbonon’s short window) harms them more than they gained by an exact sixth (which he considers waived). But if there is no time limit for more than אונאה, Rebbe Tarfon’s system is still preferable, since the Rabbonon’s system allows retracting for deviations above a sixth indefinitely!? The Gemara answers that an overcharge above a sixth is uncommon, so the benefit of the Rabbonon’s shorter time limit at exactly a sixth outweighs the disadvantage of a deviation greater than a sixth.
- Macshlokes and halachah of a sale of exact אונאה amount
Rava said the halachah is that for less than a sixth, the sale is valid, and the deviation is waived immediately. If it is greater than a sixth, the sale can be voided. If the deviation is a sixth, the sale is valid, but he returns the difference. These last two claims must be made before enough time elapses to show the purchase to a merchant or relative. This ruling is supported by a Baraisa, which teaches the above laws about deviations less or more than a sixth and presents a machlokes about the law of exactly a sixth. Rebbe Nassan says: שתות קנה ומחזיר אונאה – regarding exactly a sixth, the sale is valid, but he must return the fraud amount. Rebbe Yehudah HaNasi says: יד מוכר על העליונה – the seller, if he is the defrauded party, has the upper hand. רוצה אומר לו תן לי מקחי – If he wants, he may say, “Give me back my merchandise” and void the sale, או תן לי מה שאניתני – or he can say, “Give me the amount you defrauded me.” Rava rules like Rebbe Nassan, although the Mishnah on Daf 51a follows Rebbe Yehudah HaNasi’s opinion.
