web analytics
December 18, 2014 / 26 Kislev, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



Home » Judaism » Parsha »

Overcharging

In Behar, one of this week’s parshiyos, the Torah commands us in regard to some of the laws of buying and selling. The pasuk says, “Vechi simkiru mimkar la’amisecha … al tonu ish es achiv – When you make a sale to your fellow … do not afflict one another.” The Gemara in Baba Metzia 51a derives from this pasuk that one may not overcharge when selling an item without informing the buyer. This is referred to as ona’ah. The Gemara says that if one charges more than a sixth more than the market value of an item, the sale is void. If one charges less than a sixth more, the sale is valid. If one charges exactly a sixth more, the sale is valid; however, the seller must return the overcharge.

The Rush, in the fourth perek of Baba Metzia, says that he is not sure whether one is prohibited from intentionally charging less than a sixth more than the market value. Even though the sale is valid and the seller does not have to return the overcharge, perhaps it is prohibited – for this too is considered ona’ah. The reason that the sale is valid and the seller may keep the overcharge is because we assume that the buyer will be mochel (forgo) on a small percentage. The Smah (Choshen Mishpat 227:14) says that one may not claim that he was not willing to forgo the overcharge of less than a sixth. Or, says the Rush, perhaps it is part of the normal process of transactions to charge a little more – and it is not considered ona’ah.

The Ramban, in his commentary on the Torah, says that even though the Gemara in Baba Metzia 56b derives from a pasuk that ona’ah does not apply to land, the prohibition nevertheless applies. The exclusion is only on the monetary aspect, but if one charges more than a sixth for the sale of land he will have transgressed the lav. The reason that one does not have to return the ona’ah of a real estate purchase, even if it is more than a sixth extra, is because we assume that people will forgo the extra amount – just as they would when it is less than a sixth on the sale of an item. However, in both circumstances, it is forbidden to do so.

The Sefer Hachinuch (mitzvah 337) takes a different view on this matter. He says that one is completely permitted to charge up to a sixth more than the market value of movable objects. He agrees with the Ramban that even though one does not have to return the extra amount that he charged for real estate, even if it exceeds a sixth, it is nonetheless forbidden to do so.

The Minchas Chinuch says that the Rambam agrees with the Sefer Hachinuch (that one is permitted to charge up to a sixth more for movable objects). He proves the Rambam’s view that it is permitted because the Rambam says that one does not receive lashes when he transgresses this prohibition. This is because it is nitein letashlumin (one must repay) i.e. he must return the overcharge. Since the halacha is that one is not required to return an overcharge of up to a sixth, he should receive lashes in that case since it is not returnable.

We find this concept by the prohibition of hitting another. If the wound is significant enough to require damages amounting to more than a prutah, the damager does not receive lashes since he must pay money. However, if the wound does not amount to damages worth a prutah he receives lashes since he cannot repay. Therefore, if it would be prohibited to charge up to a sixth more, the seller should receive lashes since he is not required to repay.

The Minchas Chinuch, however, says that this is not necessarily proof that the Rambam’s view is that one is permitted to charge up to a sixth more than the value of movable objects. This is so because, as mentioned earlier, the reason that one is not required to return the ona’ah of up to a sixth is because the buyer is mochel the extra amount. Hence, from a technical standpoint, one is required to return the extra amount – except that in this case he was mochel the obligation.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Overcharging”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
PM Binyamin Netanyahu lights Hanukkah candles in Jerusalem.
Netanyahu ‘Will Not Allow’ PA’s UN Resolution to Endanger Israelis
Latest Judaism Stories
Grunfeld-Raphael-logo

When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.

Rebbetzin Esther Jungreis

Those who reject our beliefs know in their souls Jewish power stems from our faith and our prayers.

Business-Halacha-logo

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

Rabbi Avi Weiss, head of theYeshivat Chovevei Torah. Rabbi Asher Lopatin will be replacing him as head of the school.

Though we Jews have deep obligations to all people our obligation to our fellow Jew is unique.

In a way that decision was the first in a series of miracles with which Hashem blessed us.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

Exploring the connection between Pharaoh’s dreams and the story of Joseph being sold into slavery.

Our right to exist and our form of self-government were decided by the ruling parties.

It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles.

If Chanukah was simply a commemoration of the miracle of the oil and Menorah, we would be hard pressed to see the connection between the reading from Parshas Nesiim and Chanukah.

“Can you hear what the dead are whispering? Leave Galut, escape to Eretz Israel-Lech lecha!”

The ‘homely’ ancient rock, discovered in 1993, adds evidence of King David’s existence.

Chanukah is the holiday of liberty, combining The Book (faith and dedication to God) and the sword

Yehuda knew if the moment isn’t right or men are unwilling to listen a skilled leader bides his time

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles.

Taste-of-Lomdus-logo

But how could there have been any validity to Yosef’s allegations?

If one converts for the sole purpose of marrying a Jew the conversion is invalid.

Rashi in Shabbos 9b writes that the reason why the tefillah of Ma’ariv is a reshus is because it was instituted corresponding to the burning of the eimurim from the korbanos – which was performed at night.

We find that in certain circumstances before the Torah was actually given, people were permitted to make calculations as to what would better serve Hashem, even if it were against a mitzvah or aveirah.

It is difficult to write about such a holy person, for I fear I will not accurately portray his greatness…

The implication of the Shulchan Aruch (Orach Chaim 233:2) is that one may not daven Minchah before six and one half hours into the day.

Some Rishonim are bothered by the opinion of the Rambam that bnei Noach are commanded not to eat basar min hachai.

Printed from: http://www.jewishpress.com/judaism/parsha/overcharging/2012/05/16/

Scan this QR code to visit this page online: