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|BAVA METZIA 51- Dedicated in memory of Irene Edelstein, by Josh R. Danziger of Cliffside Park, New Jersey.|
BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.
If a purchaser was overcharged for an item by a sixth he may claim his Ona'ah within the time it takes to show the item to a merchant or his relative.
If a seller undercharged by a sixth he may claim the Ona'ah forever. (1)
Only if someone purchases an item from a merchant may he claim the Ona'ah but not if he purchased it from a private individual. (2)
If someone purchases an item from a private individual that has no sentimental value, such as canvas clothing, he may claim the Ona'ah.
Both a purchaser and a seller may claim Ona'ah and a purchaser may claim Ona'ah whether he bought the item from a merchant or a private individual. (3)
R. Yehudah says that a merchant who is a middleman may not claim Ona'ah because he buys and sells immediately and he knows the exact price of the item. (4)
The person who is the victim of Ona'ah may retract from the sale or he may request that the Ona'ah be returned.
If someone tells his friend I am selling you this item on condition that you may not claim the Ona'ah Rav says he may claim the Ona'ah, while Shmuel says he may not claim the Ona'ah.
R. Anan says even according to Shmuel if he says on condition that there is no Ona'ah if he overcharged it s a Mekach Ta'us. (5)
If the buyer or the seller warns at the time of the sale that they know they are selling or buying the item for an inflated or deflated price by than the amount of Ona'ah the victim may not claim the Ona'ah even according to Rav.
If someone is Mekadesh a woman on condition that he will not provide She'er, Ksus and Onah R. Meir says that the condition is void because it is a condition which contravenes the Torah. (6)
R. Yehudah says the condition is valid with respect to She'er and Ksus because it is a monetary condition. (7)
If someone gives an item to his friend and instructs him to sell it for whatever price he can get for it and he will give him wage for his effort if he undersells it or sells it for more than its value he gives the owner the amount he received, no more and no less.
If he gave him two types of wine to sell for him, one type is a good wine that is in demand and the other is a bad wine he may not give him the good wine for its value and allow him to delay paying for the good wine in return for selling the bad wine for whatever price he receives for it. (8)
When a person is given something to sell for whatever price he receives he may deduct the amount he pays for a porter, for a camel driver or for the use of an inn.
A BIT MORE
1. A purchaser has the item in his hand therefore he could show it to a merchant or a relative, but the seller doesn't have the item and consequently until he sees a similar item being sold elsewhere he has no way of knowing that he undercharged.
2. A private individual values his jewelry and utensils and he is only willing to sell them from an inflated price and therefore when he sells them it is as if he spoke out I know that I overcharged the amount of Ona'ah which in such a case the Dinei Ona'ah don't apply.
3. A person may only claim Ona'ah from a private individual if the object doesn't have sentimental value.
4. The reason he undersold the item was not because he erred but because he needed the money immediately for another item he wanted to buy.
5. Since he sold it on condition that there is no Ona'ah he is not making a condition that the buyer may not claim the Ona'ah, but rather he is promising that he is not overcharging the amount of Ona'ah and if he did overcharge it is a Mekach Ta'us.
6. The Torah obligates a husband to provide She'er (provisions) Ksus (clothing) and Onah and a condition which contravenes the Torah is void.
7. Regarding a monetary benefit a person may be Mochel, however Onah is a physical Tzar and she may not be Mochel.
8. Instead of paying him wages for selling the bad wine he allows him to delay paying him the value of the good wine until he sells the bad wine consequently it is Ribis since he is selling the bad wine in return for the right to delay paying back for the good wine.
ONA'AH FOR A SELLER
If a purchaser was overcharged for an item by a sixth he may claim his Ona'ah within the time it takes to show the item to a merchant or his relative. If a seller undercharged by a sixth he may claim the Ona'ah forever because a purchaser has the item in his hand therefore he could show it to a merchant or a relative, but the seller doesn't have the item and consequently until he sees a similar item being sold elsewhere he has no way of knowing that he undercharged. The Rif says if witnesses testify that the seller saw a similar item being sold and he knows that he undersold and even so he didn't claim the Ona'ah he may no longer claim the Ona'ah because he evidently was Mochel. Moreover, the Rambam says that if the item he sold is something ubiquitous that sells for a standard price, such as pepper, the seller may only claim the Ona'ah for the amount of time that it takes for him to find out the price. However, the Rashba disagrees with the Rif and Rambam and he holds that the Chachamim don't differentiate between one case and the other and their ruling that a seller may claim the Ona'ah forever applies in a all case
ONA'AH FOR A MERCHANT
Just as a private individual may claim Ona'ah if he undersells an item so too a merchant may claim Ona'ah if he undersells even though he is an expert. (Shulchan Aruch CM 227:14)
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