Nov 152016
 

Various proofs are brought to support Shmuel’s opinion that fraud percentage is determined based on the market price and also on the amount actually paid.  Two are rejected and one is accepted.  The mishna discusses only the percentage at which there is fraud.  What happens if it’s less than or more than?  If it’s less, we assume the parties agreed and they cannot get their money back.  However the gemara questions whether they also have a window of opportunity where they can get the money back that they were overcharged.  If they were overcharged more than  1/6, the deal can be cancelled.  But again, is there a certain time frame in which that can be done or is there no statute of limitations?  The gemara tries to answers there questions from our mishna but in the end if unsuccessful.  Then Rava paskens and explains both the answers to these questions and also brings an alternative psak to what our mishna held regarding fraud (at 1/6).

Study Guide Bava Metzia 50

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