Overcharging: Difference between revisions
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#More than 16% above market price - this amount is considered onaa and the buyer can invalidate the sale. | #More than 16% above market price - this amount is considered onaa and the buyer can invalidate the sale. | ||
#Exactly 16% above market price - the sale is valid, but the extra money that the buyer paid must be returned. | #Exactly 16% above market price - the sale is valid, but the extra money that the buyer paid must be returned. | ||
#Within 16% above market price - the sale goes through and the extra money that the buyer paid need not be returned.<ref>Gemara Bava Metzia 50b, Halichot Bein Adam Lachavero 10:31. Rambam Mechira 12:3 explains that the reason that the sale is valid if the price is less than 1/6 above market price is because most people willingly forego such a small difference. Rosh Bava Metzia 4:20 writes that it is because it is impossible to be perfectly precise. Although Sefer Hachinuch (Mitzva 337) writes that charging that little above market price is totally permissible, the Ramban in his commentary on the Torah (Vayikra 25:14) writes that one still violates the prohibition even though he need not return the difference. Shulchan Aruch CM 227:6 quotes both opinions without conclusion. Pitchei Choshen Geneva Vihonaa 10:2 also doesn’t rule conclusively but says that a God fearing person should be strict. </ref> | #Within 16% above market price - the sale goes through and the extra money that the buyer paid need not be returned.<ref>Gemara Bava Metzia 50b, Halichot Bein Adam Lachavero 10:31. Rambam Mechira 12:3 explains that the reason that the sale is valid if the price is less than 1/6 above market price is because most people willingly forego such a small difference. Rosh Bava Metzia 4:20 writes that it is because it is impossible to be perfectly precise. Although Sefer Hachinuch (Mitzva 337) writes that charging that little above market price is totally permissible, the Ramban in his commentary on the Torah (Vayikra 25:14) writes that one still violates the prohibition even though he need not return the difference. Shulchan Aruch CM 227:6 quotes both opinions without conclusion. Pitchei Choshen Geneva Vihonaa 10:2 also doesn’t rule conclusively but says that a God fearing person should be strict and not do it. Chatom Sofer and Imrei Binah to 227:6 conclude that a person should not charge more than the fair price at all, even less than 1/6. | ||
Whether the distinction of 1/6 is rabbinic, see Tosfot (Bava Metsia 52a s.v. ashik) and Rosh (Bava Metsia 4:20 s.v. gufa cited by Tur 227:6) who imply that it is only rabbinic. See Rav Chaim (Mechira 15:1) who implies that it is biblical. </ref> | |||
==Nowadays Fluctuating Prices== | ==Nowadays Fluctuating Prices== | ||
