Tuesday 22 November 2016

Bava Metzia 57: Ona'a: the Small Print

We continue to learn about the halachot of ona'a, when an item is bought or sold for at least one-sixth of its cost.  It is hard to accept that I did not realize this earlier, but these dapim are very similar to many others that focus in on the 'grey'.  
When situations follow the halacha perfectly, there is no need for discussion.  Those cases that offer some degree of uncertainty - for example, are we permitted to dig up seeds that were planted at the start of the shemita year so that we can eat them, or are they subject to the same restrictive laws as grown wheat? - help us to better understand the reasoning behind the halachot.  The problems offer us our best window into the thinking of our rabbis and their communities.  Another example of how imperfection is actually better for us than perfection.
We have learned that ona'a can only exist when something is sold/bought from one's fellow's hand.  The rabbis taught us that slaves, documents, land, and consecrated items are not subject to the halachot of ona'a.  There could be a price difference of much more than one-sixth in these cases, and yet the sale would not be questioned.
Today, Rav Hisda teaches that in cases of consecrated items, though the laws of ona'a do not apply as in other cases, they actually should be used more stringently than in normal cases!  Even a small difference in price should invalidate the sale.  Is this because Torah law is so specific regarding payments made to the Temple?  Is this because no-one is able to forgive that small difference when the item is consecrated to the Temple?
Our daf ends with a number of examples of situations where there has been an inaccurate payment or an issue with payment.  In each case, the rabbis discuss what should be done to rectify that injustice.  

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