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Bava Metzia 50

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Summary

Today’s daf is sponsored by Rikki and Alan Zibitt in loving memory of Frieda Carlin, Fraydl bat Meir z”l, on her 9th yahrzeit yesterday; and in honor of the birthday of their son, Elon Yitzhak. “Mom, we celebrate your gentleness, fierce love of family and strong moral code, which your grandson has inherited.”

Various proofs are brought to support Shmuel’s opinion that the percentage for ona’ah, exploitation, can be determined based on the market price and also on the amount paid. Two are rejected and one is accepted. The Mishna discusses only the percentage at which there is exploitation. What happens if the amount is less than or more than? If it’s less, we assume the parties agreed and they cannot get their money back. However, the Gemara questions whether they also have the same window of opportunity to claim they were overcharged and get the money back that they were overcharged. If they were overcharged more than 1/6, the deal can be canceled. But the Gemara also asks whether that is within the same time frame or is there no statute of limitations. They try to answer both questions from our Mishna, focusing on the fact that first the merchants in Lod were happy with Rabbi Tarfon’s ruling and after they heard about his extension of the time limitation, they chose to accept the rabbis’ position. However, they were ultimately unsuccessful in answering either of the two questions.

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Bava Metzia 50

שָׁוֶה שֵׁשׁ בְּחָמֵשׁ, מִי נִתְאַנָּה – מוֹכֵר, יָד מוֹכֵר עַל הָעֶלְיוֹנָה. רָצָה אוֹמֵר לוֹ: ״תֵּן לִי מִקָּחִי״, אוֹ ״תֵּן לִי מַה שֶּׁאוֹנֵיתַנִי״.

an item worth six ma’a for five ma’a, who was exploited? It is the seller. Therefore, the seller is at an advantage. If he wishes, he can say to the buyer: Give me back my merchandise and nullify the transaction, or he can say: Give me back the sum which you received by engaging in exploitation of me.

אִיבַּעְיָא לְהוּ: פָּחוֹת מִשְּׁתוּת לְרַבָּנַן, לְאַלְתַּר הָוְיָא מְחִילָה, אוֹ בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ? וְאִם תִּמְצֵי לוֹמַר בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, מַאי אִיכָּא בֵּין שְׁתוּת לְפָחוֹת מִשְּׁתוּת?

§ A dilemma was raised before the Sages: According to the opinion of the Rabbis that one has only until a period of time has passed that would allow him to show the merchandise to a merchant or to his relative in order to claim that he has been exploited, in a case where the disparity between the value of the purchase item and the price paid is less than one-sixth, is there a waiver of the discrepancy and therefore the transaction is finalized immediately, or in this case as well, is the transaction finalized only after the time that it takes the buyer to show the merchandise to a merchant or to his relative? And in addition, if you say that the transaction is finalized only after the time that it takes to show the merchandise to a merchant or to his relative, what difference is there between a disparity of one-sixth and a disparity of less than one-sixth?

אִיכָּא דְּאִלּוּ שְׁתוּת – יָדוֹ עַל הָעֶלְיוֹנָה, רָצָה – חוֹזֵר, רָצָה – קוֹנֶה וּמַחֲזִיר אוֹנָאָה. וְאִילּוּ פָּחוֹת מִשְּׁתוּת – קָנָה, וּמַחְזִיר אוֹנָאָה.

The Gemara answers: There is a difference, as in the case of a disparity of one-sixth, the one who was exploited has the advantage, since if he wishes, he reneges on the transaction, and if he wishes, the buyer acquires the purchase item, and the one who perpetrated the exploitation returns the sum gained through his exploiting the other, while in the case of a disparity of less than one-sixth, the buyer acquires the purchase item, and the one who perpetrated the exploitation returns the sum gained through his exploiting the other, but there is no option of nullifying the transaction.

מַאי? תָּא שְׁמַע: חָזְרוּ לְדִבְרֵי חֲכָמִים.

The Gemara returns to the dilemma: At what point in time is a disparity of less than one-sixth between the value of the purchase item and the price paid waived? The Gemara suggests: Come and hear a resolution of the dilemma from the mishna: Rabbi Tarfon said to them: Throughout the entire day it is permitted to renege on the transaction and not merely for the period of time it takes to show the purchase item to a merchant or a relative. The merchants of Lod said to him: Let Rabbi Tarfon leave us as we were, with the previous ruling. They reverted to following the statement of the Rabbis.

סַבְרוּהָ פָּחוֹת מִשְּׁלִישׁ לְרַבִּי טַרְפוֹן כְּפָחוֹת מִשְּׁתוּת לְרַבָּנַן דָּמֵי. אִי אָמְרַתְּ בִּשְׁלָמָא פָּחוֹת מִשְּׁתוּת לְרַבָּנַן בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, וּלְרַבִּי טַרְפוֹן כׇּל הַיּוֹם – מִשּׁוּם הָכִי חָזְרוּ. אֶלָּא אִי אָמְרַתְּ פָּחוֹת מִשְּׁתוּת לְרַבָּנַן – לְאַלְתַּר הָוְיָא מְחִילָה,

The Gemara explains the proof. The Sages assumed that the legal status of a disparity of less than one-third according to the opinion of Rabbi Tarfon, who holds that one-third is the determinative disparity, is like a disparity of less than one-sixth according to the opinion of the Rabbis, who hold that one-sixth is the determinative disparity. Granted, if you say that in the case of a disparity of less than one-sixth according to the Rabbis the buyer can claim exploitation only in the time that it takes him to show the merchandise to a merchant or to his relative, and according to Rabbi Tarfon the transaction is finalized only after the entire day has passed, it is due to that reason that the merchants of Lod reverted to following the statement of the Rabbis, as there was some benefit to them in following the opinion of the Rabbis. But if you say that in the case of a disparity of less than one-sixth according to the Rabbis the waiver is in effect and the transaction is finalized immediately,

וּלְרַבִּי טַרְפוֹן נָמֵי לְאַלְתַּר הָוְיָא מְחִילָה, אַמַּאי חָזְרוּ? בִּדְרַבִּי טַרְפוֹן נִיחָא לְהוּ טְפֵי, דְּמַאי דְּרַבָּנַן קָא מְשַׁוֵּי לְהוּ אוֹנָאָה לְרַבִּי טַרְפוֹן הָוְיָא מְחִילָה?

and according to Rabbi Tarfon too, there is a waiver of the disparity of less than one-third and the transaction is finalized immediately, why did they revert to following the statement of the Rabbis? In that case, the ruling of Rabbi Tarfon would be preferable for them, as that which the Rabbis deem exploitation, i.e., a discrepancy of one-sixth, is waived according to Rabbi Tarfon.

מִי סָבְרַתְּ פָּחוֹת מִשְּׁלִישׁ לְרַבִּי טַרְפוֹן כְּפָחוֹת מִשְּׁתוּת לְרַבָּנַן דָּמֵי? לָא, מִשְּׁתוּת וְעַד שְׁלִישׁ לְרַבִּי טַרְפוֹן כִּשְׁתוּת עַצְמָהּ לְרַבָּנַן דָּמֵי. אִי הָכִי, בְּמַאי שָׂמְחוּ מֵעִיקָּרָא?

The Gemara rejects this proof: Do you maintain that the legal status of a disparity of less than one-third according to the opinion of Rabbi Tarfon is like the legal status of a disparity of less than one-sixth according to the opinion of the Rabbis? No, the legal status of a disparity ranging from one-sixth until one-third according to the opinion of Rabbi Tarfon is like the legal status of a disparity of one-sixth itself according to the opinion of the Rabbis, and the exploited party receives the sum of the exploitation in return. The Gemara asks: If so, for what reason did the merchants of Lod rejoice initially? They gained nothing relative to the ruling of the Rabbis.

תִּפְשׁוֹט דְּבִטּוּל מִקָּח לְרַבָּנַן לְעוֹלָם חוֹזֵר, דְּכֵיוָן דַּאֲמַר לְהוּ רַבִּי טַרְפוֹן הָוְיָא אוֹנָאָה – שָׂמְחוּ, כִּי אֲמַר לְהוּ כׇּל הַיּוֹם – חָזְרוּ.

Resolve, based on this difficulty, the dilemma raised below, and conclude that in cases of nullification of the transaction according to the Rabbis, one may always renege on the transaction. Therefore, the reaction of the merchants of Lod is understandable, as, since Rabbi Tarfon said to them that a disparity between one-sixth and one-third is merely exploitation, they rejoiced, as this would mean that the buyer has only the time it takes to show the merchandise to a merchant or a relative to renege. When he said to them that the exploited person can renege on the transaction for the entire day, they reverted to following the statement of the Rabbis.

דְּאִי סָלְקָא דַעְתָּךְ דְּבִטּוּל מִקָּח לְרַבָּנַן בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, בְּמַאי שָׂמְחוּ? שָׂמְחוּ בְּשֶׁתּוּת עַצְמָהּ, דִּלְרַבִּי טַרְפוֹן מְחִילָה, וּלְרַבָּנַן אוֹנָאָה.

The Gemara explains why the dilemma is resolved: As, if it enters your mind to say that nullification of the transaction according to the Rabbis is limited to only within the time that it takes for the buyer to show the merchandise to a merchant or to his relative, for what reason did they rejoice over the ruling of Rabbi Tarfon? His ruling did not enable them to sell the merchandise at a higher price than the ruling of the Rabbis did. The Gemara rejects this proof: They initially rejoiced over the case of a disparity of one-sixth itself, as according to Rabbi Tarfon there is a waiver of the disparity, and according to the Rabbis it is exploitation.

אִיבַּעְיָא לְהוּ: בִּטּוּל מִקָּח לְרַבָּנַן, לְעוֹלָם חוֹזֵר, אוֹ דִלְמָא בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ? וְאִם תִּמְצָא לוֹמַר בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, מָה אִיכָּא בֵּין שְׁתוּת לְיָתֵר עַל שְׁתוּת? אִיכָּא: דְּאִילּוּ שְׁתוּת – מִי שֶׁנִּתְאַנָּה חוֹזֵר, וְאִילּוּ יָתֵר עַל שְׁתוּת – שְׁנֵיהֶם חוֹזְרִים.

§ The Gemara cites the dilemma referenced above. A dilemma was raised before the Sages: With regard to nullification of the transaction according to the Rabbis, may one always renege on the transaction? Or perhaps he can renege only within the time that it takes him to show the merchandise to a merchant or to his relative. And if you say that the transaction is nullified only within the time that it takes him to show the merchandise to a merchant or to his relative, what difference is there between a disparity of one-sixth and a disparity of greater than one-sixth? The Gemara answers: There is a difference, as in the case of a disparity of one-sixth, only the one who was exploited can renege on the transaction, while in the case where the disparity is greater than one-sixth, both can renege on the transaction.

מַאי? תָּא שְׁמַע, חָזְרוּ לְדִבְרֵי חֲכָמִים. אִי אָמְרַתְּ בִּשְׁלָמָא בִּטּוּל מִקָּח לְרַבָּנַן בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, וּלְרַבִּי טַרְפוֹן כׇּל הַיּוֹם – מִשּׁוּם הָכִי חָזְרוּ. אֶלָּא אִי אָמְרַתְּ בִּטּוּל מִקָּח לְרַבָּנַן לְעוֹלָם חוֹזֵר, אַמַּאי חָזְרוּ? בִּדְרַבִּי טַרְפוֹן נִיחָא לְהוּ טְפֵי, דְּקָא מְשַׁוֵּי לְהוּ אוֹנָאָה כׇּל הַיּוֹם וְתוּ לָא!

The Gemara returns to discuss the dilemma: What is the halakha? The Gemara suggests: Come and hear a resolution of the dilemma from the mishna: The merchants of Lod reverted to following the statement of the Rabbis. Granted, if you say that one can claim nullification of the transaction according to the Rabbis only within the time that it takes the buyer to show the merchandise to a merchant or to his relative, and according to Rabbi Tarfon one can do so for the entire day, it is due to that reason that they reverted to following the statement of the Rabbis. But if you say that one can claim nullification of the transaction according to the Rabbis and always renege on the transaction, why did they revert to following the statement of the Rabbis? In that case, the ruling of Rabbi Tarfon is preferable for them, as he deems such a disparity exploitation and rules that one can claim nullification of the transaction for the entire day and no more, which is more beneficial to the merchant.

בִּטּוּל מִקָּח לָא שְׁכִיחַ.

The Gemara answers: Nullification of the transaction is uncommon, and therefore the merchants of Lod did not take that into consideration when calculating which ruling was most advantageous.

אָמַר רָבָא, הִלְכְתָא: פָּחוֹת מִשְּׁתוּת – נִקְנֶה מִקָּח, יוֹתֵר עַל שְׁתוּת – בִּיטּוּל מִקָּח, שְׁתוּת – קָנָה וּמַחְזִיר אוֹנָאָה, וְזֶה וָזֶה – בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ.

The Gemara cites the halakhic resolutions of these dilemmas. Rava said: The halakha is that if the disparity is less than one-sixth, the merchandise is acquired immediately. If the disparity is greater than one-sixth, either party can demand nullification of the transaction. If the disparity is precisely one-sixth, the buyer has acquired the merchandise, and the one who benefited from the exploitation returns the sum gained by the exploitation. And one may claim both this, nullification of the transaction, and that, return of the sum gained, only within the time that it takes to show the merchandise to a merchant or to his relative.

תַּנְיָא כְּווֹתֵיהּ דְּרָבָא: אוֹנָאָה פָּחוֹת מִשְּׁתוּת – נִקְנֶה מִקָּח. יָתֵר עַל שְׁתוּת – בָּטֵל מִקָּח. שְׁתוּת – קָנָה וּמַחְזִיר אוֹנָאָה, דִּבְרֵי רַבִּי נָתָן. רַבִּי יְהוּדָה הַנָּשִׂיא אוֹמֵר: יָד מוֹכֵר עַל הָעֶלְיוֹנָה, רוֹצֶה – אוֹמֵר לוֹ: ״תֵּן לִי מִקָּחִי״, אוֹ ״תֵּן לִי מַה שֶּׁאֹנֵיתַנִי״. וְזֶה וָזֶה בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ.

The Gemara comments: It is taught in a baraita in accordance with the opinion of Rava: In cases of exploitation, if the disparity is less than one-sixth, the merchandise is acquired immediately. If the disparity is greater than one-sixth, the transaction is nullified. If the disparity is precisely one-sixth, the buyer has acquired the merchandise, and the one who benefited from the exploitation returns the sum gained by the exploitation. This is the statement of Rabbi Natan. Rabbi Yehuda HaNasi says: In a case where the seller was exploited, the seller is at an advantage. If he wishes, he reneges on the transaction and says to the buyer: Give me my merchandise, or he can say: Give me the sum that you gained by exploiting me. And one may claim both this, nullification of the transaction, and that, return of the sum gained, only within the time that it takes to show the merchandise to a merchant or to his relative.

עַד מָתַי מוּתָּר לְהַחֲזִיר כּוּ׳. אָמַר רַב נַחְמָן: לֹא שָׁנוּ אֶלָּא לוֹקֵחַ, אֲבָל מוֹכֵר – לְעוֹלָם חוֹזֵר. נֵימָא מְסַיַּיע לֵיהּ: חָזְרוּ לְדִבְרֵי חֲכָמִים. אִי אָמְרַתְּ בִּשְׁלָמָא מוֹכֵר לְעוֹלָם חוֹזֵר,

§ The mishna teaches: Until when is it permitted for the buyer to return the item? He may return it only until a period of time has passed that would allow him to show the merchandise to a merchant or to his relative. Rav Naḥman says: The Sages taught this halakha only with regard to a buyer, but a seller may always renege on the transaction. The Gemara suggests: Let us say that the mishna supports his opinion, as the merchants of Lod reverted to following the statement of the Rabbis. Granted, if you say that a seller may always renege on a transaction,

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I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.

Miriam Pollack
Miriam Pollack

Honolulu, Hawaii, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

After experiences over the years of asking to join gemara shiurim for men and either being refused by the maggid shiur or being the only women there, sometimes behind a mechitza, I found out about Hadran sometime during the tail end of Masechet Shabbat, I think. Life has been much better since then.

Madeline Cohen
Madeline Cohen

London, United Kingdom

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

See video

Susan Fisher
Susan Fisher

Raanana, Israel

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!

Keren Carter
Keren Carter

Brentwood, California, United States

Bava Metzia 50

שָׁוֶה שֵׁשׁ בְּחָמֵשׁ, מִי נִתְאַנָּה – מוֹכֵר, יָד מוֹכֵר עַל הָעֶלְיוֹנָה. רָצָה אוֹמֵר לוֹ: ״תֵּן לִי מִקָּחִי״, אוֹ ״תֵּן לִי מַה שֶּׁאוֹנֵיתַנִי״.

an item worth six ma’a for five ma’a, who was exploited? It is the seller. Therefore, the seller is at an advantage. If he wishes, he can say to the buyer: Give me back my merchandise and nullify the transaction, or he can say: Give me back the sum which you received by engaging in exploitation of me.

אִיבַּעְיָא לְהוּ: פָּחוֹת מִשְּׁתוּת לְרַבָּנַן, לְאַלְתַּר הָוְיָא מְחִילָה, אוֹ בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ? וְאִם תִּמְצֵי לוֹמַר בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, מַאי אִיכָּא בֵּין שְׁתוּת לְפָחוֹת מִשְּׁתוּת?

§ A dilemma was raised before the Sages: According to the opinion of the Rabbis that one has only until a period of time has passed that would allow him to show the merchandise to a merchant or to his relative in order to claim that he has been exploited, in a case where the disparity between the value of the purchase item and the price paid is less than one-sixth, is there a waiver of the discrepancy and therefore the transaction is finalized immediately, or in this case as well, is the transaction finalized only after the time that it takes the buyer to show the merchandise to a merchant or to his relative? And in addition, if you say that the transaction is finalized only after the time that it takes to show the merchandise to a merchant or to his relative, what difference is there between a disparity of one-sixth and a disparity of less than one-sixth?

אִיכָּא דְּאִלּוּ שְׁתוּת – יָדוֹ עַל הָעֶלְיוֹנָה, רָצָה – חוֹזֵר, רָצָה – קוֹנֶה וּמַחֲזִיר אוֹנָאָה. וְאִילּוּ פָּחוֹת מִשְּׁתוּת – קָנָה, וּמַחְזִיר אוֹנָאָה.

The Gemara answers: There is a difference, as in the case of a disparity of one-sixth, the one who was exploited has the advantage, since if he wishes, he reneges on the transaction, and if he wishes, the buyer acquires the purchase item, and the one who perpetrated the exploitation returns the sum gained through his exploiting the other, while in the case of a disparity of less than one-sixth, the buyer acquires the purchase item, and the one who perpetrated the exploitation returns the sum gained through his exploiting the other, but there is no option of nullifying the transaction.

מַאי? תָּא שְׁמַע: חָזְרוּ לְדִבְרֵי חֲכָמִים.

The Gemara returns to the dilemma: At what point in time is a disparity of less than one-sixth between the value of the purchase item and the price paid waived? The Gemara suggests: Come and hear a resolution of the dilemma from the mishna: Rabbi Tarfon said to them: Throughout the entire day it is permitted to renege on the transaction and not merely for the period of time it takes to show the purchase item to a merchant or a relative. The merchants of Lod said to him: Let Rabbi Tarfon leave us as we were, with the previous ruling. They reverted to following the statement of the Rabbis.

סַבְרוּהָ פָּחוֹת מִשְּׁלִישׁ לְרַבִּי טַרְפוֹן כְּפָחוֹת מִשְּׁתוּת לְרַבָּנַן דָּמֵי. אִי אָמְרַתְּ בִּשְׁלָמָא פָּחוֹת מִשְּׁתוּת לְרַבָּנַן בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, וּלְרַבִּי טַרְפוֹן כׇּל הַיּוֹם – מִשּׁוּם הָכִי חָזְרוּ. אֶלָּא אִי אָמְרַתְּ פָּחוֹת מִשְּׁתוּת לְרַבָּנַן – לְאַלְתַּר הָוְיָא מְחִילָה,

The Gemara explains the proof. The Sages assumed that the legal status of a disparity of less than one-third according to the opinion of Rabbi Tarfon, who holds that one-third is the determinative disparity, is like a disparity of less than one-sixth according to the opinion of the Rabbis, who hold that one-sixth is the determinative disparity. Granted, if you say that in the case of a disparity of less than one-sixth according to the Rabbis the buyer can claim exploitation only in the time that it takes him to show the merchandise to a merchant or to his relative, and according to Rabbi Tarfon the transaction is finalized only after the entire day has passed, it is due to that reason that the merchants of Lod reverted to following the statement of the Rabbis, as there was some benefit to them in following the opinion of the Rabbis. But if you say that in the case of a disparity of less than one-sixth according to the Rabbis the waiver is in effect and the transaction is finalized immediately,

וּלְרַבִּי טַרְפוֹן נָמֵי לְאַלְתַּר הָוְיָא מְחִילָה, אַמַּאי חָזְרוּ? בִּדְרַבִּי טַרְפוֹן נִיחָא לְהוּ טְפֵי, דְּמַאי דְּרַבָּנַן קָא מְשַׁוֵּי לְהוּ אוֹנָאָה לְרַבִּי טַרְפוֹן הָוְיָא מְחִילָה?

and according to Rabbi Tarfon too, there is a waiver of the disparity of less than one-third and the transaction is finalized immediately, why did they revert to following the statement of the Rabbis? In that case, the ruling of Rabbi Tarfon would be preferable for them, as that which the Rabbis deem exploitation, i.e., a discrepancy of one-sixth, is waived according to Rabbi Tarfon.

מִי סָבְרַתְּ פָּחוֹת מִשְּׁלִישׁ לְרַבִּי טַרְפוֹן כְּפָחוֹת מִשְּׁתוּת לְרַבָּנַן דָּמֵי? לָא, מִשְּׁתוּת וְעַד שְׁלִישׁ לְרַבִּי טַרְפוֹן כִּשְׁתוּת עַצְמָהּ לְרַבָּנַן דָּמֵי. אִי הָכִי, בְּמַאי שָׂמְחוּ מֵעִיקָּרָא?

The Gemara rejects this proof: Do you maintain that the legal status of a disparity of less than one-third according to the opinion of Rabbi Tarfon is like the legal status of a disparity of less than one-sixth according to the opinion of the Rabbis? No, the legal status of a disparity ranging from one-sixth until one-third according to the opinion of Rabbi Tarfon is like the legal status of a disparity of one-sixth itself according to the opinion of the Rabbis, and the exploited party receives the sum of the exploitation in return. The Gemara asks: If so, for what reason did the merchants of Lod rejoice initially? They gained nothing relative to the ruling of the Rabbis.

תִּפְשׁוֹט דְּבִטּוּל מִקָּח לְרַבָּנַן לְעוֹלָם חוֹזֵר, דְּכֵיוָן דַּאֲמַר לְהוּ רַבִּי טַרְפוֹן הָוְיָא אוֹנָאָה – שָׂמְחוּ, כִּי אֲמַר לְהוּ כׇּל הַיּוֹם – חָזְרוּ.

Resolve, based on this difficulty, the dilemma raised below, and conclude that in cases of nullification of the transaction according to the Rabbis, one may always renege on the transaction. Therefore, the reaction of the merchants of Lod is understandable, as, since Rabbi Tarfon said to them that a disparity between one-sixth and one-third is merely exploitation, they rejoiced, as this would mean that the buyer has only the time it takes to show the merchandise to a merchant or a relative to renege. When he said to them that the exploited person can renege on the transaction for the entire day, they reverted to following the statement of the Rabbis.

דְּאִי סָלְקָא דַעְתָּךְ דְּבִטּוּל מִקָּח לְרַבָּנַן בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, בְּמַאי שָׂמְחוּ? שָׂמְחוּ בְּשֶׁתּוּת עַצְמָהּ, דִּלְרַבִּי טַרְפוֹן מְחִילָה, וּלְרַבָּנַן אוֹנָאָה.

The Gemara explains why the dilemma is resolved: As, if it enters your mind to say that nullification of the transaction according to the Rabbis is limited to only within the time that it takes for the buyer to show the merchandise to a merchant or to his relative, for what reason did they rejoice over the ruling of Rabbi Tarfon? His ruling did not enable them to sell the merchandise at a higher price than the ruling of the Rabbis did. The Gemara rejects this proof: They initially rejoiced over the case of a disparity of one-sixth itself, as according to Rabbi Tarfon there is a waiver of the disparity, and according to the Rabbis it is exploitation.

אִיבַּעְיָא לְהוּ: בִּטּוּל מִקָּח לְרַבָּנַן, לְעוֹלָם חוֹזֵר, אוֹ דִלְמָא בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ? וְאִם תִּמְצָא לוֹמַר בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, מָה אִיכָּא בֵּין שְׁתוּת לְיָתֵר עַל שְׁתוּת? אִיכָּא: דְּאִילּוּ שְׁתוּת – מִי שֶׁנִּתְאַנָּה חוֹזֵר, וְאִילּוּ יָתֵר עַל שְׁתוּת – שְׁנֵיהֶם חוֹזְרִים.

§ The Gemara cites the dilemma referenced above. A dilemma was raised before the Sages: With regard to nullification of the transaction according to the Rabbis, may one always renege on the transaction? Or perhaps he can renege only within the time that it takes him to show the merchandise to a merchant or to his relative. And if you say that the transaction is nullified only within the time that it takes him to show the merchandise to a merchant or to his relative, what difference is there between a disparity of one-sixth and a disparity of greater than one-sixth? The Gemara answers: There is a difference, as in the case of a disparity of one-sixth, only the one who was exploited can renege on the transaction, while in the case where the disparity is greater than one-sixth, both can renege on the transaction.

מַאי? תָּא שְׁמַע, חָזְרוּ לְדִבְרֵי חֲכָמִים. אִי אָמְרַתְּ בִּשְׁלָמָא בִּטּוּל מִקָּח לְרַבָּנַן בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ, וּלְרַבִּי טַרְפוֹן כׇּל הַיּוֹם – מִשּׁוּם הָכִי חָזְרוּ. אֶלָּא אִי אָמְרַתְּ בִּטּוּל מִקָּח לְרַבָּנַן לְעוֹלָם חוֹזֵר, אַמַּאי חָזְרוּ? בִּדְרַבִּי טַרְפוֹן נִיחָא לְהוּ טְפֵי, דְּקָא מְשַׁוֵּי לְהוּ אוֹנָאָה כׇּל הַיּוֹם וְתוּ לָא!

The Gemara returns to discuss the dilemma: What is the halakha? The Gemara suggests: Come and hear a resolution of the dilemma from the mishna: The merchants of Lod reverted to following the statement of the Rabbis. Granted, if you say that one can claim nullification of the transaction according to the Rabbis only within the time that it takes the buyer to show the merchandise to a merchant or to his relative, and according to Rabbi Tarfon one can do so for the entire day, it is due to that reason that they reverted to following the statement of the Rabbis. But if you say that one can claim nullification of the transaction according to the Rabbis and always renege on the transaction, why did they revert to following the statement of the Rabbis? In that case, the ruling of Rabbi Tarfon is preferable for them, as he deems such a disparity exploitation and rules that one can claim nullification of the transaction for the entire day and no more, which is more beneficial to the merchant.

בִּטּוּל מִקָּח לָא שְׁכִיחַ.

The Gemara answers: Nullification of the transaction is uncommon, and therefore the merchants of Lod did not take that into consideration when calculating which ruling was most advantageous.

אָמַר רָבָא, הִלְכְתָא: פָּחוֹת מִשְּׁתוּת – נִקְנֶה מִקָּח, יוֹתֵר עַל שְׁתוּת – בִּיטּוּל מִקָּח, שְׁתוּת – קָנָה וּמַחְזִיר אוֹנָאָה, וְזֶה וָזֶה – בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ.

The Gemara cites the halakhic resolutions of these dilemmas. Rava said: The halakha is that if the disparity is less than one-sixth, the merchandise is acquired immediately. If the disparity is greater than one-sixth, either party can demand nullification of the transaction. If the disparity is precisely one-sixth, the buyer has acquired the merchandise, and the one who benefited from the exploitation returns the sum gained by the exploitation. And one may claim both this, nullification of the transaction, and that, return of the sum gained, only within the time that it takes to show the merchandise to a merchant or to his relative.

תַּנְיָא כְּווֹתֵיהּ דְּרָבָא: אוֹנָאָה פָּחוֹת מִשְּׁתוּת – נִקְנֶה מִקָּח. יָתֵר עַל שְׁתוּת – בָּטֵל מִקָּח. שְׁתוּת – קָנָה וּמַחְזִיר אוֹנָאָה, דִּבְרֵי רַבִּי נָתָן. רַבִּי יְהוּדָה הַנָּשִׂיא אוֹמֵר: יָד מוֹכֵר עַל הָעֶלְיוֹנָה, רוֹצֶה – אוֹמֵר לוֹ: ״תֵּן לִי מִקָּחִי״, אוֹ ״תֵּן לִי מַה שֶּׁאֹנֵיתַנִי״. וְזֶה וָזֶה בִּכְדֵי שֶׁיַּרְאֶה לַתַּגָּר אוֹ לִקְרוֹבוֹ.

The Gemara comments: It is taught in a baraita in accordance with the opinion of Rava: In cases of exploitation, if the disparity is less than one-sixth, the merchandise is acquired immediately. If the disparity is greater than one-sixth, the transaction is nullified. If the disparity is precisely one-sixth, the buyer has acquired the merchandise, and the one who benefited from the exploitation returns the sum gained by the exploitation. This is the statement of Rabbi Natan. Rabbi Yehuda HaNasi says: In a case where the seller was exploited, the seller is at an advantage. If he wishes, he reneges on the transaction and says to the buyer: Give me my merchandise, or he can say: Give me the sum that you gained by exploiting me. And one may claim both this, nullification of the transaction, and that, return of the sum gained, only within the time that it takes to show the merchandise to a merchant or to his relative.

עַד מָתַי מוּתָּר לְהַחֲזִיר כּוּ׳. אָמַר רַב נַחְמָן: לֹא שָׁנוּ אֶלָּא לוֹקֵחַ, אֲבָל מוֹכֵר – לְעוֹלָם חוֹזֵר. נֵימָא מְסַיַּיע לֵיהּ: חָזְרוּ לְדִבְרֵי חֲכָמִים. אִי אָמְרַתְּ בִּשְׁלָמָא מוֹכֵר לְעוֹלָם חוֹזֵר,

§ The mishna teaches: Until when is it permitted for the buyer to return the item? He may return it only until a period of time has passed that would allow him to show the merchandise to a merchant or to his relative. Rav Naḥman says: The Sages taught this halakha only with regard to a buyer, but a seller may always renege on the transaction. The Gemara suggests: Let us say that the mishna supports his opinion, as the merchants of Lod reverted to following the statement of the Rabbis. Granted, if you say that a seller may always renege on a transaction,

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