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BAVA METZIA 46-49 - Dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.
If someone lends his money on a Mashkon even though the Mashkon is only worth half of the debt Shvi'is is not Meshamet the Chov according to R. Shimon Ben Gamliel
R. Yehudah ha'Nasi holds that if the Mashkon was equal to the value of the debt Shvi'is is not Meshamet, but if not Shvi'is is Meshamet the Chov.
If someone agrees to a sale but no money changed hands and no Kinyan was made Rav holds that he may retract and it is not regarded as a breach of trust.
R. Yochanan holds if a person retracts from an offer to give a small gift it is a breach of trust because the recipient is relying in the gift and expects him to keep his word.
If a person offers his friend a large gift he may retract even according to R. Yochanan and it is not considered a breach of trust.
R. Yochanan says if a Yisrael tells a Levi I have a Kor of Ma'aser that I will give you the Levi may make it Terumah Ma'aser for Ma'aser that he has elsewhere. (1)
If the Yisrael retracts and gives the Ma'aser to another Levi the first Levi can't do more than to complain.
A person should not talk one way in his mouth and another way in his heart. (2)
R. Shimon says even though a Kinyan on a Talis is Koneh a Dinar of gold but a Dinar of gold is not Koneh a Talis, however a person who retracts after money changed hands is cursed with Mi She'Para.
If a person is given money for a purchase and he retracts and he instructs the buyer to take his money if the buyer didn't take his money the seller is not even a Shomer Chinam and if something happens to the money he is Patur. (3)
If a person asks his friend to guard something for him and his friend days my house in front of you he is not considered a Shomer and he is Patur if something happens to the item.
R. Shimon says if someone gives money for a purchase but no Kinyan was made the seller may retract but not the buyer. (4)
R. Shimon says that if the seller stored the purchase item in an attic that he was renting in the house of the buyer he may not retract once he received the money even though no Kinyan was made. (5)
R. Chisda says when money was given for a purchase but no Kinyan was made both the seller and the buyer may retract according to the Chachamim.
If someone is overcharged or undercharged by one sixth it is Ona'ah and the money must be returned.
A person who was the victim of Ona'ah must make a claim on the money within the time it takes to show the item to a merchant or to his relative.
R. Nachman says that only the buyer is given a limit to how long he may claim the Ona'ah, however the seller is given an unlimited time to claim the Ona'ah
R. Tarfon holds that only if someone is overcharged or undercharged by one third it is Ona'ah however he has the entire day to make a claim on the money
Rav says if a person was over or undercharged exactly one sixth the value of the purchase item it is Ona'ah.
Shmuel holds if it a person was over or undercharged exactly one sixth of the amount that he paid it is also Ona'ah.
If a buyer is a victim of Ona'ah he has the option of demanding all of his money back and retract from the sale, or he may maintain the sale and demand back the extra money that he paid.
A BIT MORE
1. The Levi may make it into Terumas Ma'aser because R. Yochanan holds that when a person offers a person a small gift he may not retract.
Even though a Kor of produce is a large gift, however since Ma'aser belongs to the Levi and the Yisrael only owns the Tovas Hana'ah (the right to give it to whoever he chooses) it is regarded as a small gift.
2. Although according to Rav a person may retract from an agreement if no money changed hands; however that is only if at the time he made the agreement he meant to keep his word but he later changed his mind, however it is forbidden to commit yourself to something that you never intended to keep in the first place.
3. Although he is Patur from paying for the item since he retracted from the sale he must accept upon himself the curse of Mi She'Para for retracting after money changed hands.
4. R. Shimon holds that money is Koneh however the Rabanan decreed that the seller may back out so that he will be motivated to save the purchase item in the event of a fire however only the seller has the right to retract not the buyer..
5. Since the item is in the house of the buyer the buyer is in position to save it in the event of a fire and therefore since R. Shimon holds money is Koneh the seller may not retract.
R. Shimon says even though a Kinyan on a Talis is Koneh a Dinar of gold, but a Dinar of gold is not Koneh a Talis, however a person who retracts after money changed hands will be cursed that the One who punished the generations of the Mabul and Haflagah and Sedom will punish a person who doesn't keep his word. The Maharsha explains that he is cursed with the punishment of the Resha'im because by not keeping his word he is acting like them as the Pasuk states 'the words of Resha'im are false.' Regarding Tzadikim however the Pasuk states 'the remnants of Yisrael do not act with malice and do not speak falsely.
A SMALL GIFT
If a person tells his friend that he will give him a gift if he doesn't give the gift it is regarded as a breach of trust. However, it is only a breach of trust if he promised him a small gift because the recipient was relying on receiving the gift, but if he promised him a large gift it is not a breach of trust if he retracts because the recipient did not believe it until he gives it to him with a valid Kinyan.. According to some opinions if many people promised to give a person a large gift they may not retract. (Shulchan Aruch CM 204:8, 9)
When many people promise a person a large gift he believes that they will give it to him and he relies on it, additionally since the gift is broken up among many people it is in reality a small gift. (Sma)
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