The Weekly Daf #27 Bava Metzia 51-57 Week of 4 - 10 Elul 5754 / 11 - 17 August 1994 By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions ========================================================================= This issue is dedicated in the memory of Mr. Isadore Kaplan O.B.M. ========================================================================= Charge And SUPERcharge The Case: A man was selling some of his household ornaments whose market value was five zuz but he asked for six. An interested buyer was aware that he could bargain him down to five and a half. But this would leave him overcharged by only half a zuz, a mere tenth of the market value. When one overpays less than a fifth of the value he is considered as having forgiven the overcharge and cannot claim it back from the seller. He therefore agreed to pay him the six he asked for so that the overcharge would be a fifth and he would be able to sue him for this amount. The Ruling: When the buyer subsequently sued the seller for the overcharged zuz in the court of the Sage Rava he was disappointed to learn that he had no case. The Reason: The claim for recovering an overcharge applies only to the sale made by a merchant who is assumed to be selling at market price. But a person who sells his household possessions to which he has a sentimental attachment it is assumed by all that he does so only if he gets more than the market price. It is therefore considered as if he explicitly warned the buyer that he is overcharging him and selling only on the condition that the buyer waives any claim against him. Bava Metzia 51a ========================================================================= When It Pays To Overpay "Overpay to clothe yourself but only pay market value for your food." This folk wisdom is invoked by the Sage Abaye as a rationale for the position of Rabbi Meir that when one overpays less than a fifth for a garment he is considered as having forgiven the overcharge while if he accepted a coin at its declared value and it turned out to be worth even one twenty-fourth less than this value he may claim the difference. This is a reiteration of an oft-stated Talmudic concept about the importance of preserving human dignity through proper attire. Bava Metzia 52a ========================================================================= Get Ready for the Ohr Somayach Winter JLE December 22nd '94 - January 8th '95 Contact Rabbi Zalman Corlin for details ========================================================================= SUBSCRIBE! to one of the many weekly "lists" published by Ohr Somayach Institutions: dafyomi - "The Weekly Daf," Rav Mendel Weinbach's insights into and comments on the seven pages of Talmud studied this week. ask - The Rabbi answers YOUR questions on Judaism. weekly - Summary of the weekly Torah portion. parasha-qa - Challenging questions on the weekly Torah portion. os-special - All the SPECIAL publications produced by Ohr Somayach. os-alum - "Yachad" - the Ohr Somayach Electronic Alumni Newsletter. Sho'el U'meshiv - Join our "virtual Beis Medrash" (NOTE: Not a list) There is NEVER a charge for any of the above lists (though your local information provider, such as Prodigy or CompuServe, might charge a nominal fee). To subscribe to any of these lists, send the message: subscribe {listname} {firstname} {lastname} to: listserv@jerusalem1.datasrv.co.il This address is only for SUBSCRIPTIONS. If you have any comments, questions and suggestions, we'd love to hear them! Send them to: newman@jerusalem1.datasrv.co.il Remember, these are all INTERNET addresses. Compuserve users must preface the address with "INTERNET:" ========================================================================= Dedication opportunities are available for The Weekly Daf Please contact us for details. ========================================================================= Jewish L EEEEEEEE Prepared by Ohr Somayach Institutions J L E 22 Shimon Hatzadik Street, POB 18103 J L Exchange Jerusalem 91180, Israel J J L E Tel: 02-810315 Fax: 02-812890 JJJJ Learning EEEEEEEE Internet: newman@jerusalem1.datasrv.co.il ========================================================================= (C) 1994 Ohr Somayach International - All rights reserved. This publication may be distributed to another person intact without prior permission. We also encourage you to include this material in other publications, such as synagogue newsletters. However, we ask that you contact us beforehand for permission.