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Bava Metzia 50a

בבא מציעא נ׳ ע״א

Learn Bava Metzia 50a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

אונאה (overcharging) in a sale: the seller's rights when he is underpaid, and how long a buyer has to claim when the gap is less than a שתות (one-sixth).

Overview

This amud finishes a ברייתא about אונאה: when an item worth six is sold for five, the seller was cheated, so he chooses to take back his item or collect the missing money. The גמרא then asks about the רבנן's time limit. When the gap is less than a שתות, is it forgiven right away, or only after enough time to show the item to a תגר or relative? It adds a side question: if both gaps get the same waiting time, what makes a שתות different? The answer is that a שתות lets the cheated person cancel the sale, while less than a שתות only brings a refund. The גמרא then goes back to the main question and tries to prove it from the משנה's story of the merchants of לוד, who returned to the words of the חכמים. The proof assumes that less than a third for רבי טרפון works like less than a sixth for the רבנן. If the small gap gets a waiting time, the merchants' choice makes sense, because רבי טרפון gave buyers the whole day. The גמרא starts testing the other option, that the small gap is forgiven immediately, and that thought continues on the next amud.

Opening lines

שָׁוֶה שֵׁשׁ בְּחָמֵשׁ,

An item worth six, sold for five,

מִי נִתְאַנָּה – מוֹכֵר,

who was cheated? The seller.

יָד מוֹכֵר עַל הָעֶלְיוֹנָה.

The seller has the upper hand.

רָצָה אוֹמֵר לוֹ: ״תֵּן לִי מִקָּחִי״,

If he wants, he says to him: 'Give me back my merchandise,'

The steps (8)

  1. StatementWhen the seller is underpaid, he has the upper hand
  2. QuestionIs a gap of less than a sixth forgiven right away?
  3. QuestionThen what is the difference between a sixth and less?
  4. ResponseA sixth lets you cancel; less than a sixth only gets a refund
  5. ProofTrying to answer from the merchants of לוד
  6. ProofThe assumption behind the proof
  7. ProofIf there is a waiting time, the merchants' choice makes sense
  8. ProofSetting up the other side: forgiven immediately