Talmud Bavli
Talmud Bavli

Commentary for Bava Metzia 100:10

עד מתי מותר להחזיר כו': אמר רב נחמן לא שנו אלא לוקח אבל מוכר לעולם חוזר נימא מסייע ליה חזרו לדברי חכמים אי אמרת בשלמא מוכר לעולם חוזר

Raba said: The law is: In the case of less than a sixth, the sale is valid;<span class="x" onmousemove="('comment',' Immediately, and the defrauded party has no redress. ');"><sup>10</sup></span> more than a sixth, it is null; [exactly] a sixth, it is valid, but the overcharge is returnable;<span class="x" onmousemove="('comment',' Thus Raba disagrees with the view formerly stated that in the case of a sixth the defrauded party can either demand a refund or cancel the sale. ');"><sup>11</sup></span> and in both cases it is within the time necessary to shew [the purchase] to a merchant or a relative. It has been taught in support of Raba: In the case of overreaching of less than a sixth, the sale is valid; more than a sixth, the sale is null; [exactly] a sixth, he [the defrauded party] retains ownership whilst the overcharge must be refunded: this is R. Nathan's view. R. Judah ha-Nasi said: The vendor has the upper hand;<span class="x" onmousemove="('comment',' If he was defrauded; of course, if the vendee was defrauded, he has the upper hand. ');"><sup>12</sup></span> if he wishes he can say, 'Return me the Purchase,' or, 'Pay up the sum wherein you defrauded me.' And in both cases, it is within the time necessary to shew [the purchase] to a merchant or a relative.<span class="x" onmousemove="('comment',' Notwithstanding that the vendor no longer has the article. This is discussed below. ');"><sup>13</sup></span> UNTIL WHAT TIME IS ONE PERMITTED TO REVOKE [THE SALE] etc. R. Nahman said: This was taught only of the purchaser; but the vendor can always retract.<span class="x" onmousemove="('comment',' If he was defrauded, since he is no longer in possession of the article to be able to shew it to an expert, and he discovers the fraud only when he sees a similar article sold at a higher price; hence no limit can be set in his case, v. infra. ');"><sup>14</sup></span> Shall we say that he is supported [by the Mishnah]? THEY REVERTED TO THE RULING OF THE SAGES. Now, if you agree that the vendor can always retract, it is well:

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