1)WHEN IS ONA'AH PARDONED?

(a)Question: According to Chachamim, if the Ona'ah was less than a sixth, is it pardoned immediately, or in the time to show it to a merchant or relative?

1.Question: If it is in the time to show it (to a merchant or relative), what is the difference between a sixth and less than a sixth?

2.Answer: If it is a sixth, he has the upper hand. He can void the sale or demand the Ona'ah. If it is less than a sixth, he can only demand the Ona'ah.

(b)Answer (Mishnah): They reverted to conduct like Chachamim. (We are thinking that any amount less than a third according to R. Tarfon is like less than a sixth according to Chachamim.)

1.Granted, if Chachamim allow one to claim less than a sixth in the time to show it, and R. Tarfon allows the whole day, this is why they reverted to conduct like Chachamim;

2.But if Chachamim say that less than a sixth is immediately pardoned, and R. Tarfon says that less than a third is immediately pardoned, why did they revert? They would profit more according to R. Tarfon (when the Ona'ah was between a sixth and a third)!

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(c)Rejection: No, R. Tarfon holds that between a sixth and a third is like Chachamim say about a sixth, i.e. the buyer can negate the sale or demand the overcharge.

(d)Question: If so, why were they happy with R. Tarfon's first law? (Chachamim say, in that case the buyer has no choice; the sale is void!)

(e)Answer: We must say that Chachamim hold that when the sale is void (more than a sixth), the buyer can always retract (and the merchants assumed that R. Tarfon allows only the time to show it)!

1.Therefore, they were happy at first. When they heard that the buyer can retract the whole day (even for less than a sixth), they reverted to Chachamim's opinion.

2.But if Chachamim allow retracting only within the time to show it even regarding a void sale, why were they originally happy?

(f)Rejection: They were happy due to the law of exactly a sixth. Chachamim say that this is Ona'ah, and R. Tarfon says that he pardons it.

2)HOW LONG MAY ONE RETRACT OR CLAIM ONA'AH?

(a)Question: According to Chachamim, when the sale is void, can the buyer always retract, or only until the time to show it?

1.Question: If it is only until the time to show it, what is the difference between a sixth and more than a sixth?

2.Answer: If he overpaid a sixth, only the buyer can void the sale. If it was more than a sixth, either one can void it.

(b)Answer (Mishnah): They reverted to Chachamim's opinion.

1.If Chachamim allow only the time to show it, and R. Tarfon allows the whole day, we understand why they reverted to Chachamim's opinion.

2.But if Chachamim allow the buyer to retract forever, why did they revert? R. Tarfon gives the buyer only one day!

(c)Rejection: Ona'ah large enough to void the sale is uncommon. (Therefore, they preferred Chachamim's opinion, that Ona'ah of a sixth can be claimed only within the time to show it.)

(d)(Rava): The Halachah is: if the Ona'ah is less than a sixth, the sale stands. If it is more than a sixth, the sale is void. If it is exactly a sixth, the Ona'ah is returned;

1.In the last two cases, the buyer has until the time to show it.

(e)Support (Beraisa - R. Nasan): If the Ona'ah is less than a sixth, the sale stands. If it is more than a sixth, the sale is void. If it is exactly a sixth, the Ona'ah is returned;

1.Rebbi says, the seller (or buyer, whoever was deceived) has the upper hand. He can void the sale, or demand payment of the Ona'ah.

(f)(Mishnah): He can claim until...

(g)(Rav Nachman): This refers only to the buyer, but the seller can always claim.

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