Ona'ah ("Errado") é quatro [ma'ah de] prata [de seis ma'ah em um dinar, um sela sendo quatro dinares], de vinte e quatro [ma'ah] de prata em um sela, um sexto da compra. [Se a compra fosse por um sela, vinte e quatro ma'ah (de prata), sendo ona'ah um sexto da compra, ele deve devolver o ona'ah inteiro, quatro (ma'ah de) prata.] Até quando é que ele [quem foi injustiçado] pode se retratar? ["permitido" é declarado para nos informar que mesmo "Aquele que exigiu pagamento etc." não obtém se a compra foi retirada ou a sexta foi devolvida.] Até que ele possa mostrá-la [a compra] a um comerciante ou a um de seus parentes. [E se ele demorasse mais, ele (é considerado como tendo) renunciava a sua ona'ah. E o vendedor sempre pode se retrair. Pois a compra não está em suas mãos para ele mostrá-la a um comerciante ou a seus parentes, se ele foi prejudicado. E se soubesse que havia chegado a sua mão uma compra semelhante, e ele sabia que havia cometido um erro, e ficou quieto e não fez nenhuma reclamação, não pode voltar atrás e reclamar, tendo perdoado.] R. Tarfon ensinou em Lod : Ona'ah é oito (ma'ah de) prata para um sela, um terço da compra—e os mercadores de Lod se alegraram. [Eles eram especialistas em mercadorias e os venderam caro. A halachá não está de acordo com R. Tarfon.] Ele lhes disse: "É permitido retrair o dia inteiro"— em que eles disseram: "Deixe R. Tarfon nos deixar em nosso lugar" — e eles voltaram às palavras dos sábios.
Bartenura on Mishnah Bava Metzia
האונאה ארבעה כסף – four silver MAOT in which there are six MAOT in a denar, and the SELAH is four denarim.
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English Explanation of Mishnah Bava Metzia
Introduction
In Leviticus 25:14 it states (JPS translation): “When you sell property to your neighbor, or buy any from your neighbor, you shall not wrong one another.” From here the Rabbis learned that a person is not allowed to overcharge for certain items that had a known value. When an overcharge does occur there are three possible consequences: 1) the sale is nullified; 2) the amount paid over the value must be returned to the buyer; 3) the sale is valid and no amount is returned. The remainder of the chapter will deal with these laws.
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Bartenura on Mishnah Bava Metzia
מעשרים וארבעה כסף לסלע – if the purchase was in SELAH monies which is twenty-four MAOT, for now it would be that overcharging is one-sixth to the purchase, he would be liable to restore to him all of his overcharging [which is] four silver [coins].
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English Explanation of Mishnah Bava Metzia
According to the anonymous opinion in section one a sale that is one-sixth more than the true value of an item is considered fraud. If a person bought something for one-sixth more than it was worth he could demand a retraction of the sale. According to the first opinion he may retract the sale as long as it would take to show the object to merchant or to a kinsman, in other words someone else who could give a more objective evaluation of the object. After this amount of time has passed the sale can no longer be retracted.
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Bartenura on Mishnah Bava Metzia
עד מתי מותר להחזיר – he who was defrauded, and that the Mishnah used the language of מותר/”permitted” to teach us that it is not possible, for even he who is punished to return the purchase or that he should give him [back] his overcharge.
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English Explanation of Mishnah Bava Metzia
Rabbi Tarfon gave instruction in Lud: “Fraud is an overcharge of 8 pieces of silver to the seller, a third of the purchase price”, and the merchants of Lod celebrated. He said to them: “He may retract any time within a whole day.” They said to him: “Leave us as we were, Rabbi Tarfon”, and they reverted to the teaching of the Sages. In section two we learn of Rabbi Tarfon’s opinion that he gave at an actual event that occurred in Lod (a city in Israel, near where Ben Gurion airport is currently located). Rabbi Tarfon taught in Lod that fraud is one-third of the purchase price (as opposed to the Sages who held that it was one-sixth). This teaching caused the merchants to be happy for they could now overcharge more on their merchandise without being worried about retractions on the part of the buyer. To temper their celebration, Rabbi Tarfon told them that he was allowing a longer time for retractions, even an entire day. At this point the merchants of Lod said they preferred the words of the Sages taught anonymously in section one, who gave a smaller margin for fraud but a shorter time for the buyer to retract.
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Bartenura on Mishnah Bava Metzia
עד כדי שיראה – the purchase to the traveling merchant or to his relatives. And if he delayed further, he renounced on his overcharging and the seller will always retract, for the purchase is not in his hands that he is would be able to show it to the traveling merchant or to his relatives if he had been overcharged. And if it becomes known that a thing came into his hands like that which is similar to his sale and he knows that he erred and was silent and did not make a claim, he cannot retract and make a claim for he has renounced it.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah three: Why would the merchants prefer a lower margin for fraud (1/6) and a shorter time for retraction as opposed to the opposite?
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Bartenura on Mishnah Bava Metzia
ושמחו תגרי לוד – who were experts in business and sell at a high price. But the Halakha is not according to Rabbi Tarfon.
