Both the buyer and the seller can claim ona'ah. Just as a non-merchant can claim ona'ah, so can a merchant. R. Yehudah says: A merchant cannot claim ona'ah. [For he is expert (in wares) and it may be presumed that he waived any ona'ah. As to his having sold it for that price (in the first place), it is because (the opportunity for) another sale arose, and now he wishes to back out. The halachah is not in accordance with R. Yehudah.] Whoever claims ona'ah has the upper hand. If he [the seller] wishes, he can tell him: "Give me my money," or "Give me the amount of he ona'ah."
Bartenura on Mishnah Bava Metzia
אין אונאה לתגר – because is an expert and without further qualification pardons him, and this that he sold, because it happened by chance another sale. And now, it had been established to retract. Bu the Halakha is not according to Rabbi Yehuda.
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English Explanation of Mishnah Bava Metzia
Both the buyer and the seller are subject to the law of fraud. Either the buyer or the seller may claim that they were defrauded. The buyer may claim that the seller overcharged and the seller may claim that the buyer underpaid.
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Bartenura on Mishnah Bava Metzia
מי שהוטל עליו ידו על העליונה – he who was defrauded.
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English Explanation of Mishnah Bava Metzia
Just as the ordinary person is subject to the law of fraud so too is the merchant. Rabbi Judah said: “The law of fraud does not apply to the merchant.” According to the first opinion, the laws of fraud apply to everyone. According to Rabbi Judah the law of fraud does not apply to a merchant. Since a merchant should know the value of the products which he sells, he is not allowed to later claim that the buyer underpaid.
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Bartenura on Mishnah Bava Metzia
תן לי מעותי – if the purchaser had been defrauded. And our Mishnah is according to Rabbi Yehuda the Prince. But the Halakha is not according to him, but rather if overcharging is one-sixth, he purchased and returns the overcharged [amount]. If it is greater than one-sixth, the purchase is nullified.
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English Explanation of Mishnah Bava Metzia
He who has been subjected to [fraud] has the upper hand: if he wants he may say to him, “Give me back my money or give me back the amount you defrauded me.” The person who has been defrauded, either the seller if the buyer underpaid, or the buyer if the seller overcharged, can decide between one of two options. The first option is to annul the sale. The second option is to return the amount of the fraud to the one defrauded. In other, words if the buyer underpaid he would pay the remaining amount to the seller. If the seller overcharged he would return the amount of the overcharge to the buyer. In this case the sale would remain valid.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah four, section two: Why, according to the first opinion, does the law of fraud apply even to the merchant?
