<div dir="ltr">I am currently learning the laws of Onaah (BM 4th perek).<div>If one looks at CM 227#1 the Mechaber states that if one sells something worth 7 for 6</div><div>or 6 for 5 (and similarly 6 for 7 or 5 for 6) then it is Onnah (ie an exact sixth).</div>
<div><br></div><div>I am completely confused as the ratio 7/6 is not equal to 6/5.</div><div>The Sma discusses whether the sixth is from the article or from the money. It seems to me that is irrelevant.</div><div><br></div>
<div>The SA then proceed that if the price difference is less than 1/6 ie 6.99 for 6 or 5.99 then the sale is valid. If OTOH it is more ie 7.01 for 6 or 6.01 for 5 then the kinyan is not valid.</div><div><br></div><div>My impression is if the sale is 7/6 = 1.16666 then the sale is valid and the difference is refunded.</div>
<div>Greater than 1.16 but less than 6/5=1.2 the sale is not valid (mekach taut) and at 1.2 it is again valid but the extra money is returned - which is ridiculous.</div><div><br></div><div>The SA stress that the sale is valid but the overcharge is returned only for an exact sixth.</div>
<div>This implies that this halacha holds only if the price is a multiple of 6.</div><div>If the price is 599.99 or even 400 this would never occur.</div><div>Even in the ideal case it is almost impossible as a difference of a penny changes the halacha.</div>
<div><br></div><div>In fact the gemara in BM51a discusses that if the article is worth 5 and the buyer pays 5.5</div><div>he is stuck with the overcharge. However, if he volunteers to pay 6 then he gets the entire overcharge back. (The gemara gives a technical answer which doesnt hold in general) Again leads to strange situations </div>
<div><br></div><div>Any help is appreciated<br clear="all"><div><br></div>-- <br><div dir="ltr"><font color="#000099" face="'comic sans ms', sans-serif">Eli Turkel</font></div>
</div></div>