Commentary for Bava Metzia 102:11

<big><strong>מתני׳</strong></big> כמה תהא הסלע חסירה ולא יהא בה אונאה ר"מ אומר ארבע איסרות איסר לדינר ור' יהודה אומר ארבע פונדיונות פונדיון לדינר ור"ש אומר

Of a general [condition].<span class="x" onmousemove="('comment',' I.e., if it was simply stipulated that there should be no claim for overreaching, without an explicit statement that a known overcharge was to be permitted in a certain transaction. In that case, Rab maintains that a claim can be preferred. ');">¹¹</span> But if one explicitly states [that he is overcharging], [e.g.,] if the vendor said to the vendee, 'I know that this article, which I sell you for two hundred <i>zuz</i>, is only worth one hundred, but I sell it to you on condition that you have no claim of overreaching against me,' then he has no claim of overreaching. And likewise, if the Purchaser said to the seller, 'I know that this article which I buy from you for one hundred [<i>zuz</i>] is worth two hundred, [yet I do so] on condition that you have no claim of overreaching against me,' then he has no claim of overreaching against him. Our Rabbis taught: If one buys and sells on trust, he must not compute the inferior goods on trust and the superior at par, but either both on trust or both at par.<span class="x" onmousemove="('comment',' Tosaf.: E.g.. A buys 10 articles for 10 zuz, 5 of which are worth 1 1/2 zuz each, whilst the other 5 are only worth 1/2 zuz each, and then sells them to B, who states that he is prepared to trust A as to what he paid for them and is willing to give him a certain percentage of profit: then A must not reckon the inferior goods at the average price of one zuz apiece, whilst quoting the better at 1 1/2 each, but must either strike an average for all, if he sells all together, or estimate each at its own value, if he sells them separately. ');">¹²</span> And he must pay him the cost of porterage, transport,<span class="x" onmousemove="('comment',' Lit., 'the hire of a camel.' ');">¹³</span> and storing;<span class="x" onmousemove="('comment',' I.e., the seller is entitled to add his expenses to the cost. ');">¹⁴</span> but he does not receive payment for his own trouble, since he has already been paid in full. Whence was his payment in full given him? — Said R. Papa: This refers to cloth manufacturers, who give [a discount of] four per cent.<span class="x" onmousemove="('comment',' The cost price (10 zuz, as stated in the example in n. 3) is subject to a further manufacturer's discount; but the seller, in estimating his profits, bases it on the cost price before the discount is subtracted. That discount is regarded as full payment for his personal trouble (v. S. Strashun a.l.). ');">¹⁵</span> <b><i>MISHNAH</i></b>. BY HOW MUCH MAY THE <i>SELA'</i> BE DEFICIENT AND YET INVOLVE NO OVERREACHING?<span class="x" onmousemove="('comment',' Coins being valued by weight they depreciate in value after being in use for some time. The Mishnah discusses how far they may thus be underweight or defaced and yet, if tendered at their nominal value, involve no overreaching. ');">¹⁶</span> R. MEIR SAID: FOUR <i>ISSARS</i>, WHICH IS AN <i>ISSAR</i> PER <i>DENAR</i><span class="x" onmousemove="('comment',' A sela' = 4 denorii = 12 pundions; 1 pundion = 2 issars (assarius); i.e., 1/24 of Its value. ');">¹⁷</span> R. JUDAH SAID: FOUR PUNDIONS, WHICH IS A PUNDION PER <i>DENAR</i>.<span class="x" onmousemove="('comment',' I.e., 1/12. ');">¹⁸</span> R. SIMEON SAID:

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