[Avodah] ona'ah (was: daily halachot )

[Michael Kopinsky]

On 1/21/07, Elazar M. Teitz <remt at juno.com> wrote:
>      Bava Metzia 56b: "Kol davar sheb'mida v'sheb'mishkal
> v'sheb'minyan afilu pachos mik'dei ona'ah chozeir."

Just to clarify: this means that ona'ah is only when you got the amount
you asked for, but were mistaken/misled about the price.  Where you
actually got less merchandise than stipulated, it is a MEKACH TAUS and
either party can demand a chazarah.

It is difficult to say that in this case with the box it is a mekach taus
because even if the customer isn't paying attention, he can see that he is
paying for the box. Even ona'ah is difficult to invoke here since we
pasken like Rabbi Acha (60a&b) who is mattir b'davar hanir'eh/ davar
hanitam.  Here, it is clearly visible that you are paying for the box.

The question of whether Ona'ah Pachos miShtus is an issur is unclear to
me.  It is clear that the only reason it's not chozer is because of
mechila, and in cases where there won't be Mechila for 1/6 (such as by
changing money - see the Gemara on 52b and the Rosh who paskens like
Abbaye that the shiur for mechila is subjective) there is Ona'ah.  The
question is, when he is mochel the mamonus, does that absolve you of your
issur, or not?

(The halacha on 40b of "Hamistaker, al yistaker yoser mishtus" does not
seem to be relevant here.  That is talking about a) only things which are
chaye nefesh (Rashi), and b) is talking about adding 1/6 to the wholesale
price.  It is not a din in merchant/customer relations, which depend on
market values.)