Talmud Bavli
Talmud Bavli

Related for Bava Metzia 101:22

אמר לך רב אנא דאמרי אפי' לר' יהודה עד כאן לא קאמר ר' יהודה התם אלא דידעה וקא מחלה

I might think that the Divine Law did not apply the injunction of 'ye shall not defraud' to him. And had Scripture mentioned the vendee [only], that might be because he acquires [an article], for it is proverbial, 'When you buy, you gain'. But as for the vendor, who indeed loses thereby, as it is said, 'He who sells, loses,'<span class="x" onmousemove="('comment',' Money goes, and he who sells loses the article and probably the money too later on; but he who buys has a permanent gain — sentiments natural to a private individual as well as to a noncommercial, agricultural community. ');"><sup>19</sup></span> I might think that the Divine Law did not exhort him, 'ye shall not defraud;' hence both are necessary. R. JUDAH SAID, THERE IS NO OVERREACHING FOR A MERCHANT. Because he is a merchant, has he no claim for overreaching? — Said R. Nahman in Rab's name: This was taught of a speculator.<span class="x" onmousemove="('comment',' So Jast. Rashi: a merchant who is a middleman, buying and selling from hand to hand. ');"><sup>20</sup></span> Why? Because he well knows the value of what he sells, but foregoes [part thereof] to him [the vendee], the reason that he sells thus [cheaply] being that he has chanced upon another purchase;<span class="x" onmousemove="('comment',' For which he needs immediate ready money. ');"><sup>21</sup></span> nevertheless now he wishes to retract.<span class="x" onmousemove="('comment',' Possibly because his intended bargain did not mature. ');"><sup>22</sup></span> R. Ashi said: What is meant by 'THERE IS NO OVERREACHING FOR A MERCHANT? He is not subject to the law of overreaching. i.e., he can withdraw even for less than the [recoverable] standard of overreaching.<span class="x" onmousemove="('comment',' If he was deceived even by less than a sixth he can withdraw from the bargain, since that is his livelihood. ');"><sup>23</sup></span> It has been taught in accordance with R. Nahman: R. Judah said: There is no overreaching for a merchant, because he is an expert.<span class="x" onmousemove="('comment',' This proves that he has no redress, not, as R. Ashi said, that he is put in an advantageous position. ');"><sup>24</sup></span> HE WHO WAS DECEIVED HAS THE UPPER HAND. Who is the authority of our Mishnah, [seeing that] it is neither R. Nathan nor R. Judah ha-Nasi? For if R. Nathan — our Mishnah teaches, IF HE WISHES,<span class="x" onmousemove="('comment',' I.e., he has the choice of confirming the sale and recovering the fraud or cancelling the sale entirely. ');"><sup>25</sup></span> whereas the Baraitha<span class="x" onmousemove="('comment',' Supra 50b. ');"><sup>26</sup></span> does not state, If he wishes;<span class="x" onmousemove="('comment',' But only enables him to recover the Fraud but not cancel the transaction. ');"><sup>27</sup></span> whilst if it is R. Judah — our Mishnah refers to the Vendee [only],<span class="x" onmousemove="('comment',' As being able to cancel the sale, since it states, GIVE ME BACK MY MONEY. ');"><sup>28</sup></span> whereas the Baraitha refers to the Vendor.<span class="x" onmousemove="('comment',' V. supra 50b. ');"><sup>29</sup></span> (Mnemonic: <i>ZaB</i> RaSH.)<span class="x" onmousemove="('comment',' V. p. 398, n. 5. Z for EleaZar; B for RaBBah; R for Raba; R for ASHi. ');"><sup>30</sup></span> Said R. Eleazar: I do not know who taught this [Mishnah of] overreaching. Rabbah said: In truth, its authority is R. Nathan, but read in the Baraitha too, [If] he wishes [etc.]. Raba said: In truth, it is R. Judah ha-Nasi, but what the Mishnah omits is explained in the Baraitha.<span class="x" onmousemove="('comment',' V. p. 492. n. 2, and cf. p. 227. n 2. ');"><sup>31</sup></span> Said R. Ashi: This too follows from the fact that it states. BOTH THE VENDEE AND THE VENDOR, yet proceeds to explain [the law of] the vendee [only]; this proves that the case of the vendor is merely left over. This proves it. It has been stated: If one says to his neighbour, 'I agree to this sale on condition that you have no claim of overreaching against me — Rab said: He [nevertheless] has a claim of overreaching against him. Whereas Samuel said: He has no claim of overreaching against him. Shall we say that Rab ruled in accordance with R. Meir, and Samuel in accordance with R. Judah? For it has been taught: If one says to a woman, 'Behold thou art betrothed<span class="x" onmousemove="('comment',' Lit., 'sanctified'. ');"><sup>32</sup></span> unto me on condition that thou hast no claims upon me of sustenance, raiment and conjugal rights' — she is betrothed, but the condition is null: this is R. Meir's view. But R. Judah said: In respect of civil matters, his condition is binding! — Rab can answer you: My ruling agrees even with R. Judah. R. Judah states his view there only in that case, because she knew [of her rights], and renounced them;

Tosefta Kiddushin

"[Be betrothed to me] with the understanding that if I die you will not bound to a levir"—she is betrothed but his stipulation is invalid, for he stipulated against what was written in the Torah, and anyone who stipulates against what is written in the Torah, his stipulation is invalid. "With the understanding that I will have no responsibility for you for clothing or sex"—she is betrothed but his stipulation is invalid. This is the pneumonic: Anyone who stipulates against what is written in the Torah regarding a monetary matter—his stipulation stands; with a non-monetary matter—his stipulation is invalid.
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