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|BAVA BASRA 84 (20 Nisan) - Today's Daf has been sponsored by Martin Fogel of Carlsbad, California, in memory of his father, Yaakov ben Shlomo Fogel, on the day of his Yahrzeit.|
1. If a seller overcharges a buyer, but then the item goes up in price so that the seller was underpaid, the seller cannot retract.
2. The same law (#1) applies in the opposite case.
3. The Gemara discusses the Mishnah (83b) that says that the seller and buyer may retract if the sale was for a barrel of wine that in fact was vinegar.
4. The Gemara concludes that the Mishnah's law follows even the opinion of the Tana Kama who says that wine and vinegar are "one type."
5. If a customer picks up produce in order to buy it and he knows the price, he acquires it.
A BIT MORE
1. The normal law is that a buyer who is overcharged or a seller who is underpaid more than one sixth may retract the sale within a certain amount of time (this is the law of "Ona'ah"). In this case, however, the seller may not retract. Since the seller cheated the buyer at the time of the sale, it is not appropriate that the seller now should have the right to retract.
2. If the seller mistakenly undercharged by more than one sixth, and the item then decreased drastically in price, the buyer cannot retract the sale just because the seller has a right to do so.
3. This is because it is very possible that people who want wine are not interested at all in vinegar, and vice versa. This is in contrast to a sale of good quality produce that was discovered to be bad quality produce, where only the buyer (i.e., the person who was cheated) has the right to retract.
4. The Tana Kama says this only regarding Terumah and Ma'aser, as vinegar in fact comes from wine. However, regarding a sale, they are clearly two different things.
5. This obligates him to pay the seller, and he is unable to retract (unless he has been overcharged by the amount of Ona'ah).
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