POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Metzia 50
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BAVA METZIA 50 (27 Teves) - in honor of the memory of Hagaon ha'Gadol Rav
Pinchas Hirschprung, well-known and much loved Rav of Montreal, Talmid of
Hagaon Rav Meir Shapiro (founder of the Dafyomi cycle), on the day of his
Yahrzeit. Dedicated by his son, Rav Yitzchak Hirschprung, may he be blessed
with long years and all that he needs.
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1) WHEN IS ONA'AH PARDONED?
(a) Question: According to Chachamim - if the Ona'ah was less
than a sixth, when is it pardoned - immediately, or in
the time to show it to a merchant or relative?
1. Question: If you will say, 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: Regarding a sixth, he has the upper hand, he
can void the sale or demand the Ona'ah; by less than
a sixth, he can only demand the Ona'ah.
(b) Answer (Mishnah): They reverted to conduct as Chachamim.
(We are thinking that the law of (any amount) less than a
third according to R. Tarfon is like less than a sixth
according to Chachamim.)
1. If you will say that Chachamim allow a person to
claim less than a sixth in the time to show it, and
R. Tarfon allows the whole day, we understand why
they reverted to conduct as 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)!
50b---------------------------------------50b
(c) Rejection: No - the law of between a sixth and a third
according to R. Tarfon is like a sixth according to
Chachamim, 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: It must be that according to Chachamim, when the
sale is void (more than a sixth), the buyer can always
retract (and they assumed that R. Tarfon only allows 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 only allow retracting within the
time to show it even by a void sale, why were they
originally happy?
(f) Rejection: They were happy because of the law of exactly
a sixth - Chachamim say that this is Ona'ah, R. Tarfon
says he pardons it.
2) THE TIME TO RETRACT A VOID SALE
(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; more than a sixth, either one can
void it.
(b) Answer (Mishnah): They reverted to Chachamim's opinion.
1. If Chachamim only allow 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 always the buyer to retract forever
- why did they revert? R. Tarfon only gives the
buyer 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 only be claimed within the
time to show.)
(d) (Rava): The law is: less than a sixth, the sale stands;
more than a sixth, the sale is void; by exactly a sixth,
the overcharge is returned;
1. In the last 2 cases, the buyer has until the time to
show.
(e) Support (Beraisa - R. Noson): Less than a sixth, the sale
stands; more than a sixth, the sale is void; by exactly a
sixth, the overcharge is returned;
(f) 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.
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