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BAVA METZIA 52

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BAVA METZIA 52 (16 Cheshvan) - Today's Daf has been dedicated by Rabbi and Mrs. Mordecai Kornfeld in honor of the marriage of their son, Yisrael, to Chavi Norman, this evening be'h.
PAST DEDICATION
BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

R. Meir says if a person pays with a Sela that is rubbed out the amount of four Isar, which is one Isar per Dinar, it is Ona'ah,
 
R. Yehudah holds if it the Sela rubbed out the amount of four Pundiyon, one Pundiyon per Dinar, it is Ona'ah, while R. Shimon holds eight Pundiyon, two Pundiyon per Dinar. (1)
 
Rava says the same Machlokes between R. Yehudah, R. Meir and R. Shimon applies to merchandise and the Mishnah which states that Ona'ah is a sixth is in accordance with R. Shimon. (2)
 
Abaye says everyone agrees that Ona'ah for merchandise is 1/6th because a person is willing to spend a little extra for clothing and other merchandise, but a coin that is rubbed out since it will not be accepted as currency even if it is only missing a small amount it is Ona'ah.
 
If a Sela is rubbed out less than the amount of Ona'ah it is permitted to use it as currency for the full value of a Sela.
 
If a Sela or Dinar is rubbed out more than 50% it is not permitted to retain possession of it and one may not sell it to a merchant or a thief or murderer and instead he shall puncture it in the middle and use it as an ornament for his daughter. (3)
 
If a Sela or Dinar is rubbed out more than 50% he shall not use it as a weight nor may he throw it among his scrap metal and he may not puncture it on the side and use it as an ornament.
 
R. Ami says one may retain possession of a Dinar which was originally a Shekel, but not of a Dinar which was originally a Sela. (4)
 
If a Sela was invalidated and it was prepared to be used as a weight it is susceptible to Tum'ah. (5)
 
If a Sela was rubbed out to less than a Sela but more than a Shekel it is a Machlokes if it may be kept. (6)
 
If a seller receives a coin that is rubbed out the amount of Ona'ah in a large city he may return it within the time it takes to show it to a money changer, while if he in a small town he has until Erev Shabbos.
 
Abaye says regarding Ona'ah on merchandise there is also a distinction between a large city and small town and the Ona'ah may be claimed in a small town until Erev Shabbos.
 
Rava says that regarding Ona'ah of merchandise there is no distinction between a large city and a small town and even in a small town he may only claim the Ona'ah within the time it takes to show it to a merchant or a relative. (7)
 
If the purchaser who gave a rubbed out coin is a Chasid he shall allow the seller to return the coin even after 12 months if he recognizes that it is the coin that he gave him.
 
If the purchaser is not a Chasid and he refuses to allow the seller to return the coin after he had sufficient time to show it to a moneychanger the seller has no recourse other than to complain.
 
A Sela that is rubbed out may be used for the redemption of Ma'aser Sheni in accordance with the actual value of the coin.
 
A person who refuses to accept a rubbed out coin that is still acceptable as currency is regarded as a bad soul.
 
If a person has Ma'aser Sheni which is worth less than a Perutah he shall redeem the Ma'aser along with the fifth on money that was already used for the redemption of Ma'aser Sheni. (8)

A BIT MORE

1. One Isar per Dinar is 1/24th, one Pundiyon per Dinar is 1/12th and two Pundiyon per Dinar is 1/6th.
 
2. According to R. Meir Ona'ah for merchandise is also 1/24th, while according to R. Yehudah it is 1/12th.
 
3. If a Sela is rubbed out by more than 50% we are concerned that he will try to pass it off as a Shekel which is a half of a Sela as since the coin is wider than a Shekel it will not be obvious that it was rubbed out to less than a Shekel and since it is easy to fool people with it he shall not retain possession of it or sell it a dishonest person. The same is true regarding a Dinar which was rubbed out more than 50% because it can be passed off as a Rova (a coin that is a quarter of a Shekel) for the same reason.
 
4. A Sela that was rubbed out to the size of a Dinar (1/4 of a Sela) may not be kept because since a Sela is a very wide coin it is easy to fool people into thinking that it is a Shekel (two Dinarim).
 
5. It is now regarded as a utensil which is susceptible to Tum'ah.
 
6. According to the opinion that the Sela may not be that which the Beraisa states that if a Sela is rubbed out more than 50% it is not permitted to retain possession of it, which implies that if it was rubbed out less than that it is permitted, is in a case where it fell into a fire and was rubbed out all at once, but if it was rubbed out little by little it is forbidden to keep it because it easy to full people into thinking that it is a valid Sela.
 
7. Now every small town has a moneychanger and therefore regarding the Ona'ah of a coin he may claim the Ona'ah until Erev Shabbos, however with respect to merchandise everyone knows the proper price and therefore the Ona'ah may only be claimed within the time it takes to show it to his relatives or to a merchant.
 
8. Because when a person redeems Ma'aser Sheni on a coin he doesn't redeem the Ma'aser on the entire coin because of the concern that he will redeem more Ma'aser than the value of the coin and therefore when a person has less than a Perutah of Ma'aser Sheni which may not be redeemed on a coin which has not yet been used he may redeem it on a coin that has already been used since there is something left of the coin which has not been used for redemption.

BRIEF INSIGHT

LESS THAN ONA'AH
 
If a Sela is rubbed out less than the amount of Ona'ah it is permitted to use it as currency for the full value of a Sela. The Rosh explains that even though the coin is rubbed out a little it is permitted l'Chatchilah to use the coin because the person who accepts the coin will pass on the coin to someone else and consequently he doesn't lose anything. However, regarding someone who overcharges for merchandise less than the amount of Ona'ah even though the sale is valid it is forbidden l'Chatchilah to do so because the buyer is losing out.

QUICK HALACHAH

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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