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BAVA METZIA 56 (28 Sivan) - Dedicated in memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, zt"l, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (Vilna-Brooklyn-Yerushalayim), author of "Kuntresei Shi'urim" and renowned Dayan in pre-war and post-war Vilna, on his 18th Yahrzeit. Dedicated by Harav Avraham Feldman of Yerushalayim, Dr. Yehoshua Daniel of Efrat, and Rabbis Eliezer and Zalman Stern of New York, who merited to study under the Rosh Yeshiva zt"l in Yerushalayim.
If a silver coin of Ma'aser Sheni got mixed up with a coin of Chulin he shall bring copper coins equal to the value of the bigger of the two silver coins and he shall say whichever coin is Ma'aser shall be redeemed on these coins and than he shall redeem the copper coin on the bigger of he two silver coins..
One may redeem a silver coin of Ma'aser Sheni on copper coins only if it is absolutely necessary and he must redeem the copper coins back on the silver coins. (1)
If a wholesaler who is a Chaver (a Talmid Chacham who is trustworthy regarding Ma'aser) buys produce of Demai he may distribute the produce without first separating Ma'aser. (2)
R. Meir says that a private individual who is a Chaver who buys produce from an Am ha'Aretz may not distribute it without separating Ma'aser even if he is distributing it wholesale. (3)
The Chachamim hold that even a private individual who is a Chaver may distribute produce without separating Ma'aser from it if he is distributing it wholesale.
If someone buys loaves from a baker who is an Am ha'Aretz he may separate Ma'aser from warm loaves on cold loaves and vice versa and he may separate Ma'aser from a loaf of one shape for a loaf of a different shape according to R. Meir. (4)
If someone buys loaves of a number of different shapes from a wholesaler he must separate Ma'aser separately from every type of bread. (5)
If someone separates Terumah from inferior produce for superior produce it is valid b'Di'eved.
Misas Beis Din is more stringent than Misah b'Yedei Shamayim.
With regards to the sale of servants Shtaros, Karka or Hekdesh the Dinei Ona'ah doesn't apply and if someone steals one of these items he doesn't pay Kefel or four and five.
If someone sells a Shtar to a spice merchant for the use of the parchment the Dinei Ona'ah apply. (6)
A Shomer Chinam who is guarding Shtaros, Karka or Hekdesh is not obligated to swear that he wasn't negligent and a Shomer Sachar doesn't pay if it is stolen.
R. Shimon says if someone sells Kodshim that he is obligated to replace the Dinim of Ona'ah applies. (7)
R. Yehudah says that regarding the sale of an animal, Sefer Torah and precious jewels the Dinei Ona'ah do not apply, however the Chachamim disagree.
R. Kahana holds that the Dinei Ona'ah doesn't apply to a sale of something that is only worth a Perutah.
A Ganav is Chayav Kefel even if the stolen item was found on his roof or in his courtyard. (8)
The Dinei Ona'ah apply not only to a sale but also to a rental.
If someone was cheated regarding a measurement, weight or sum even if he was cheated less than the amount of Ona'ah it is a Mekach Ta'us.
If someone pays his friend to plant the number of wheat that is appropriate for his land and witnesses testify that he planted less than the appropriate amount it is a Safek if the Dinei Ona'ah apply. (9)
If there is a dispute regarding wheat that was planted in the Karka it is a Safek if there is a Chiyuv Shevu'ah.
If grain took root prior to the bringing of the Minchas Omer it is permitted after the Omer is brought, but if not it is forbidden until the following Omer.
If someone harvests grain prior to the Omer and replants it and it didn't take root before the Omer it is a Safek if they are permitted when the Minchas Omer is brought.
A BIT MORE
1. However, one may not redeem a silver coin of Ma'aser Sheni on another silver coin even if it is absolutely necessary and therefore if a silver coin of Ma'aser Sheni got mixed up with a coin of Chulin he may not take the bigger of the two coins and say if this is Ma'aser great and if not the coin of Ma'aser shall be redeemed on this coin.
2. Even though he is a Chaver and is trustworthy regarding Ma'aser however his buyers know that the produce is not his own and that he bought it from a number of Amei ha'Aretz and consequently they are aware that the Ma'aser was not separated from it.
3. Since he is not a merchant his buyers may think that the produce grew in his own fields and since he is a Chaver they will assume that the Ma'aser was already separated from it.
4. Even though it is possible that the baker bought the loaves of different shapes from different bakers and it is possible that one baker separated Ma'aser and the other did not and when he separated Ma'aser from one for the other maybe he is separating Ma'aser from produce that Ma'aser was already separated from it for produce that Ma'aser wasn't separated from it, even so the Rabanan were not concerned for that possibility because the obligation to separate Ma'aser from Demai is only a stringency mid'Rabanan and therefore we assume that the baker bought all of the loaves from the same baker.
5. Since he is a wholesaler we assume he bought the different shape loaves from different bakers and therefore Ma'aser must be separated from each one separately.
6. The Dinei Ona'ah don't apply to Shtaros when it is being sold for the Chov since it doesn't have intrinsic value, however when it is sold for use of the parchment and not for the Chov it has intrinsic value and therefore the Dinei Ona'ah apply.
7. If someone makes a Neder to bring an Olah and he separates an animal for an Olah and a Mum develops he must replace the animal in order to fulfill his Neder, therefore since it has replacement value it is regarded as his personal property and if he sells the animal after it develops a Mum the Dinei Ona'ah apply.
8. If the stolen animal walked into his courtyard and the Ganav closed the door on it in order to steal it he is Chayav Kefel.
9. It is a Safek if the wheat that is planted gain the status of Karka and thus the Dinei Ona'ah don't apply. Even though if someone was cheated with measurement weight or number it is a Mekach Ta'us even with regards to Karka, however since they didn't specify a number and the number of wheat is dependent on an estimate it is something that people frequently misjudge and therefore it is not a Mekach Ta'us and only the Dinei Ona'ah apply.
TWO TYPES OF KODSHIM
R. Shimon says if someone sells Kodshim that he is Chayav to replace the Dinim of Ona'ah applies. The Rashash says that if the amount that the owner receives for the sale is sufficient to buy a less expensive animal if the animal is sufficient to be Yotzei his Neder the Din of Ona'ah doesn't apply. Even though the first animal is a Shor if it gets lost he may bring a lamb instead and it would be sufficient to be Yotzei his Neder and therefore if he received enough money to buy a lamb he may not claim the Ona'ah.
Regarding he following items the Dinei Ona'ah do not apply, servants, land Hekdesh and Shtaros. Even the value of a thousand is sold for a Dinar, or the value of a Dinar is sold for a thousand there is no Ona'ah. According to some opinions the Dinim of Ona'ah don't apply only up to 100% of the price, but if the Ona'ah is more than 100%, for example something that was worth one was sold for more than two the Dinei Ona'ah apply. (Shulchan Aruch CM 227:29)
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