POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 51
BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of
Dafyomi study material to honor the second Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the
merit of supporting and advancing the study of the Talmud be l'Iluy
1) THE TIME TO CLAIM ONA'AH
(a) (Mishnah): He can claim until...
2) FROM WHOM CAN ONE CLAIM ONA'AH
(b) (Rav Nachman): This only refers to the buyer - but the seller can always
(c) Support (Mishnah): They reverted to Chachamim's opinion.
1. If the seller can always claim - we understand why they reverted to
Chachamim's opinion (R. Tarfon did not give them any more time to claim).
(d) Rejection: They reverted because they often overcharged, they rarely
2. But if the buyer and seller have the same time - why did they revert? The
extra time R. Tarfon gives (the whole day) also helps them!
(e) Rami bar Chama's host sold wine and was underpaid; he was sad because
the time to show it had elapsed. Rami sent him to Rav Nachman, who ruled
that the seller can always claim.
(f) Question: What is the reason?
(g) Answer: The buyer holds the item - wherever he goes, he can show it to
people who will tell him if he erred;
1. The seller does not hold the item - he will not realize his mistake until
another sale of that item arises.
(a) Reuven was selling silk bands. He was asking six, they were worth five.
If someone gave him five and a half, he would accept it. Shimon reasoned -
if I pay five and a half, I cannot claim the Ona'ah (it will be too little)!
He paid six and claimed the Ona'ah
3) WHO MAY CLAIM ONA'AH
(b) (Rava): One may only claim Ona'ah from a merchant, not from a regular
person selling his belongings (because it is known that a person only sells
his belongings for more than their value).
(c) A similar case occurred with a man selling noserings; Rav Chisda ruled
like Rava; Rav Dimi and R. Elazar approved.
(d) Question (the coming Mishnah): Just as (one can claim) Ona'ah from a
commoner, he can claim from a merchant.
1. Suggestion: 'Commoner' refers to a regular person selling his belongings.
(e) Answer (Rav Chisda): The Mishnah speaks of one selling hemp clothing,
which is normally sold; but the vessels a person uses are dear to him, he
would only sell them for more than their value.
(a) (Mishnah): Buyers and sellers are both forbidden to deceive. Just as
Ona'ah applies to a commoner, it applies to a Tagar (professional merchant);
4) STIPULATIONS CONTRARY TO THE TORAH
(b) R. Yehudah says, there is no Ona'ah regarding a Tagar.
(c) Whoever was deceived has the upper hand; he can demand the Ona'ah, or
void the sale.
(d) (Gemara) Question: What is the source of this?
(e) Answer (Beraisa): "V'chi Timkeru Memkar...Al Tonu" - this would only
teach when the buyer was deceived (overpaid);
1. "O Kano...Al Tonu" includes when the seller was underpaid.
(f) The Torah must teach both.
1. If it only commanded the seller - one might have thought, this is because
he knows the item well, but the buyer is not so aware, he is not commanded;
(g) (Mishnah): R. Yehudah says, there is no Ona'ah regarding a Tagar.
2. If it only commanded the buyer - one might have thought, this is because
it is advantageous to buy - but selling is disadvantageous, the seller is
(h) Question: Why should this be?!
(i) Answer #1 (Rav Nachman): R. Yehudah speaks of a Tagar that is constantly
buying and selling - he knows the value well, he sometimes undercharges
intentionally, when he wants money for a good purchase.
(j) .Answer #2 (Rav Ashi): R. Yehudah means, the law of Ona'ah (i.e. a
sixth) does not apply to a Tagar, rather, he can demand compensation for any
amount he was underpaid.
(k) Support (for Rav Nachman - Beraisa): Ona'ah does not apply to a Tagar
because he knows prices.
(l) (Mishnah): Whoever was deceived has the upper hand; he can demand the
Ona'ah, or void the sale.
(m) Question: Our Mishnah is not as R. Noson, nor as R. Yehudah ha'Nasi (in
the Beraisa on 50B)!
1. Our Mishnah says that the deceived party has the choice - R. Noson did
not say this (rather, more than a sixth, the sale is void; by exactly a
sixth, the Ona'ah is returned);
(n) R. Elazar: I do not know who taught this clause of our Mishnah!
2. Our Mishnah says that even the buyer has the upper hand when deceived -
Rebbi only says that the seller has the upper hand!
(o) Answer #1 (Rabah): Really, it is R. Noson - the Beraisa should also say
that he can choose.
(p) Answer #2 (Rava): Really, it is Rebbi - the Beraisa only mentions what
the first Mishnah (which spoke of the buyer claiming Ona'ah) omitted (but he
holds that either can claim Ona'ah).
(q) Support (Rav Ashi): Our Mishnah says that the law is the same for the
buyer and seller, yet it only illustrates the buyer's claim.
(a) (Rav): Reuven sold to Shimon 'On condition that you have no claim of
Ona'ah against me' - Shimon can claim the Ona'ah;
(b) (Shmuel): He cannot claim the Ona'ah.
(c) Rav holds as R. Meir, Shmuel holds as R. Yehudah.
1. (Beraisa - R. Meir): Levi told Leah 'You are Mekudeshes to me on
condition that you have no claim on me for clothing, food and relations (at
the normal times) - she is Mekudeshes, his condition is void;
(d) Rejection #1: Rav says, even R. Yehudah holds as me - R. Yehudah only
said the condition works in a case where she knows what she is losing, she
pardons him - in the sale, Shimon does not know that there is Ona'ah, he
does not pardon it!
2. R. Yehudah says, the condition is valid regarding monetary matters
(clothing and food).
(e) Rejection #2: Shmuel says, even R. Meir holds as me - R. Meir only said
the condition is void when it definitely uproots Torah law - in the sale,
perhaps there is no Ona'ah (so the condition is valid)!
(f) (Rav Anan citing Shmuel): If he said 'On condition that you have no
(claim of) Ona'ah against me' - he cannot claim Ona'ah;
1. If he said 'On condition that there is no Ona'ah' - behold, there is
Ona'ah (and he can claim it).
(g) Question (Beraisa): One who buys and sells b'Emanah (Reuven pays Shimon
to sell Reuven's goods), and one who says 'On condition that you have no
Ona'ah against me' - there is no Ona'ah.
1. Rav said that both Tana'im hold as he does - as whom is the Beraisa?
(h) Answer #1 (Abaye): Indeed, we must say that Rav holds as R. Meir, Shmuel
holds as R. Yehudah.
(i) Answer #2 (Rava): We need not say that - rather, the Beraisa is when he
explicitly said how much Ona'ah there is (the buyers knows, he pardons it);
1. Rav's law is when he only said 'on condition that...'
(j) (Beraisa): One who buys and sells b'Amanah - the owner may not say, 'Buy
the good merchandise for yourself at its price (for which you will pay me
later), and sell the bad for me' (the loan is compensation for his work -
this is usury!);
2. (Beraisa): (Either side can claim Ona'ah) when no one specified - but if
the seller said, 'It is worth 100, I sell it to you for 200, on condition
that you have no Ona'ah against me' - he cannot claim Ona'ah;
3. Similarly, if the buyer said, 'It is worth 200, I will buy it for 100, on
condition that you have no Ona'ah against me' - he cannot claim Ona'ah.
1. Rather, either Shimon buys both good and bad at its price (and keeps the
profits of what he sells);
2. Or, both are b'Emanah, Reuven pays all Shimon's expenditures;
i. He does not pay for his toil, for he already received his full wage.
ii. Question: Where did he receive this?
iii. Answer (Rav Papa): The Beraisa speaks of selling hemp garments, the
retailer normally keeps four percent of each sale.