1)

(a)When the Tana says that gold acquires silver but silver does not acquire gold, he means - that if two people wish to exchange gold coins for silver ones, then when one of them makes a Kinyan on the gold coins the other automatically acquires the silver ones wherever they are (See Tos. Yom-Tov), but not vice-versa.

(b)The basis of this ruling is that - on the one hand, whatever is considered coinage vis-a-vis another object (See Tiferes Yisrael's introduction) cannot acquire the object (without a direct Kinyan on the other object), whilst on the other hand, the object that is not considered coinage has the Din of fruit, which can acquire coins.

(c)These rulings are based on the overall principle that - money cannot acquire (See Tiferes Yisrael's introduction).

(d)In this case too - silver coins are considered coinage vis-a-vis gold ones, whereas gold coins vis-a-vis silver ones are considered fruit (See Tos. Yom-Tov).

2)

(a)By the same token, the Mishnah rules that ...

1. ... copper coins can acquire silver ones, but not vice-versa, and that ...

2. ... bad coins can acquire good ones, but not vice-versa (See Tos. Yom-Tov).

(b)A bad coin in this context is - one that has been taken out of circulation.

(c)And the same ruling applies to an Asiman - (a coin that has not yet been minted) and a minted one, as well as to ...

(d)... Metaltelin and coins.

(e)When the Tana concludes 'Zeh ha'Kelal (See Tos. Yom-Tov) Kol ha'Metaltelin Konin eh es Zeh', he is coming to include - even where someone is exchanging a purse-full of money for a purse-full of money.

3)

(a)On fruit, one normally makes - a Kinyan Meshichah.

(b)Explaining the previous Mishnah, the Tana rules that, in a case where Reuven ...

1. ... made a Kinyan on the fruit before having given Shimon the money - he may not retract (See Tos. Yom-Tov).

2. ... paid Shimon the money before having made a Kinyan on the fruit - he may.

(c)We learn that min ha'Torah, money acquires - from Hekdesh (See Tos. Yom-Tov), by which the Torah writes "ve'Nasan ha'Kesef ve'Kam lo".

(d)And the Chachamim decreed that it is not - in case a fire breaks out in Reuven's attic (where Shimon's fruit is being stored), and Reuven has no reason to take the trouble of extinguishing the fire (to save Shimon's fruit).

4)

(a)Even though money is not Koneh, the Chachamim declared a 'Mi she'Para' - a curse on whoever retracts.

(b)The text of the Mi she'Para (which must be verbalized) is 'The One who punished the generation of the Flood and the generation of the Haflagah - the people of S'dom and Amora and the Egyptians at the Yam-Suf, will punish the person who does not abide by his word'.

(c)According to Rebbi Shimon, whoever has the money has the upper hand. He is referring to - where the seller (who already has the money, also rented the purchaser's attic (where the fruit is stored), in which case he (the seller) can retract, but not the purchaser ...

(d)... since, even if there is a fire, the purchaser himself will make a point of extinguishing it, and the reason for the decree no longer exists.

(e)The Halachah is - like the Tana Kama (See Tos. Yom-Tov).

5)

(a)The Mishnah now discusses the Din of Ona'ah with regard to the sale of an object that is worth a Sela. The coin that the Tana refers to as 'Kesef' is - a 'Ma'ah'.

(b)There are twenty-four Ma'ah in a Sela (six Ma'ah in a Dinar, four Dinrim in a Sela).

(c)A sixth of the sale value (including the Ona'ah = a fifth of the article's intrinsic value) constitutes Ona'ah.

(d)Consequently, if the purchaser is charged twenty-four Ma'ah (See Tos. Yom-Tov DH 'Arba'ah Kesef') for an article that is worth a Sela (See Tos. Yom-Tov) - the seller has transgressed the Isur of Ona'ah.

6)

(a)According to the Din of the Mishnah, the purchaser actually has the option of retracting from the sale if he has been overcharged by a sixth - as long as he retracts within the time it takes to show the article to an expert or to a relative (See Tos. Yom-Tov DH ''K'dei ... ' & 'Sh'tus le'Mekach').

(b)The Tana uses the Lashon of 'Mutar' in this case - to teach us that if he retracts, he is not subject to a Mi she'Para.

(c)He cannot retract after that - because his silence at that moment is a sign that he has been Mochel.

7)

(a)Rebbi Tarfon ruled in Lud - that Ona'ah is eight Ma'ah on an article that is worth a Sela (a third of the sale value).

(b)The local merchants were pleased - because they were experts in the price of goods and tended to sell at a high price.

(c)They reverted to the ruling of the Chachamim however, when he subsequently added that - the purchaser had all day to retract.

8)

(a)The Tana Kama rules that Ona'ah applies to ...

1. ... the seller as much as to the buyer, and to ...

2. ... a merchant no less than to a Hedyot.

(b)According to Rebbi Yehudah - a merchant is not subject to Ona'ah ...

(c)... because, since he is an expert in prices, he obviously knows that he is being over-charged and is Mochel (See Tos. Yom-Tov).

(d)The Halachah is - like the Tana Kama.

9)

(a)The Mishnah give to the person who has been overcharged the choice - of claiming his money back (of retracting from the sale, as we learned earlier) or of retrieving what he overpaid.

(b)The author of the Mishnah is Rebbi. The Chachamim maintain - that he does not have the option of retracting.

(c)They agree however, that the sale is invalid - if the Ona'ah exceeds a sixth.

(d)The Halachah is - like the Chachamim.

10)

(a)According to Rebbi Meir and Rebbi Yehudah, the Din Ona'ah of a coin is more stringent than that of an object - since they maintain that people are not so quickly Mochel by money (See opening Tos. Yom-Tov).

(b)What causes the value of a coin to detract is - the diminishing amount of silver (or copper, depending on the coin, which in former times, was pure, and which was therefore evaluated according to its weight).

11)

(a)There are - four Dinrim in a Sela ...

(b)... six Ma'ah in a Dinar, two Pundiyonim in a Ma'ah ...

1. ... two Isarin in a Pudiyon and ...

2. ... ninety-six Isarin in a Sela.

(c)The significance of the four Isarin that a coin needs to detract before one transgresses Ona'ah (for paying it (when purchasing an object that is worth a Sela), according to Rebbi Meir is - one Isar per Dinar ...

(d)... which is a twenty-fourth of a Sela.

12)

(a)The significance of four Pundiyonim that a coin needs to detract before one transgresses Ona'ah according to Rebbi Yehudah is - one Pundiyonim per Dinar ...

(b)... which constitutes a twelfth of a Sela

(c)Rebbi Shimon gives the Shi'ur Ona'ah of a coin as eight Pundiyonim - ae sixth of a Sela (giving coins the same Din Ona'ah as objects).

(d)The Halachah is - like Rebbi Shimon.

13)

(a)The time-limit for being able to retract regarding coins differs from that of objects (See opening Tos. Yom-Tov). One may retract ...

1. ... in a town - until the time one would need to show it to a banker ...

2. ... in a village - where there are generally no banks to be found - until Erev Shabbos ...

(b)... when one comes to spend the coin for Tzorchei Shabbos, in which case he will immediately find out if the coin is defective.

(c)When the Tana says ...

1. ... 'If he recognizes it, then even after twelve months he should accept it', he means that - if the purchaser is a pious man, then, if he realizes that the coin is defective, he should accept it even after the given time.

2. ... 'All he has is complaints', he means - that if the purchaser does not accept it, then the seller has nothing other than complaints against him.

(d)The Mishnah ...

1. ... permits using such a coin to redeem Ma'aser Sheini, because ...

2. ... 'Eino Ela Nefesh Ra'ah' - the coin is really a valid one, and anybody who does not accept it as such is a miser.

14)

(a)After repeating the Din that Ona'ah is four Kesef, when the Tana continues ...

1. ... 've'ha'Ta'anah Sh'tei Kesef', he means that - Beis-Din will not obligate a Shevu'ah on a claim of less that two Kesef (Ma'ah) ...

2. ... 've'ha'Hoda'ah Shaveh P'rutah' - and on an admission of less than a P'rutah (See Tos. Yom-Tov DH 'P'rutah')

(b)These two dual Dinin are referring to - the Din of 'Modeh be'Miktzas ha'Ta'anah, Chayav Lishava' (Someone who admits to part of a claim is Chayav to swear).

(c)Besides the previous case, the Tana lists - another four cases of P'rutah.

(d)The Tana repeats 'ha'Ona'ah Arba Kesef' - because of 'ha'Ta'anah Sh'tei Kesef' that follows it (See also Tos. Yom-Tov).

15)

(a)The second case of Shaveh P'rutah is betrothal (the minimal with which a woman can be betrothed), and the third concerns the Din of Me'ilah - someone who uses Hekdesh, and who is therefore subject to the Dinim of Me'ilah.

(b)The fourth case is that of someone who finds a Shaveh P'rutah, and the fifth, somebody who steals. If one finds an article that is worth less that a P'rutah - one is permitted to keep it ('Finders keepers!')

(c)The Tana learns this from the Pasuk in Ki Seitzei - " ... asher Tovad mimenu" - since less than a Shaveh P'rutah is not considered an Aveidah.

(d)A Gazlan that requires specifically a Shaveh P'rutah after swearing falsely is - that he is Chayav to return the stolen object to the owner personally, wherever he happens to be ('even to Madai').

(e)The Tana learns it from the Pasuk in Naso "ve'Nasan la'asher Asham lo" (See Tos. Yom-Tov).

16)

(a)The Mishnah now lists five cases where one is obligated to add a fifth (a Chomesh [See the first two Diburim of the Tos. Yom-Tov]) - of the total (as we explained earlier), which is really a quarter.

(b)The first case relates to someone - a Zar (a non-Kohen) who eats Terumah Gedolah or any one of four other items.

(c)Two of the remaining four are T'rumas Ma'aser and T'rumas Ma'aser of D'mai. The Tana does not include T'rumah Gedolah of D'mai - because someone who purchases fruit from an Am-ha'Aretz is not Chayav to separate Terumah Gedolah from it.

(d)The remaining two items for which a Zar is obligated to add a fifth are - Bikurim and Chalah.

(e)The above five are listed as one - because they all fall under the heading of 'Terumah'.

17)

(a)The second item on the Mishnah's list incorporates two cases concerning someone who redeems his produce; Neta R'vai (the fruit that a tree produces in its fourth year) - and his Ma'aser Sheini

(b)We learn the former - from the latter with a Gezeirah-Shavah ("Kodesh" "Kodesh").

(c)The Tana lists them as one - since they are derived from the same source.

(d)One takes the money with which one has redeemed them - to Yerushalayim.

18)

(a)The third item on the Tana's list is someone who redeems his Hekdesh. In this case and in the previous one, he stresses that it must be his ('Ma'aser Sheini she'lo' and 'Hekdesho', respectively) - since someone who redeems someone else's Hekdesh or Ma'aser Sheini is not obligated to add a fifth.

(b)We know the former from the fact that the Torah writes (in connection with adding a Chomeh) "Ish mi'Ma'asr*o*", and the latter - from the word "ha'Makdish" (implying that only the owner is obligated to add a fifth, but not somebody else).

(c)The fourth case of 'Chomesh' is someone who derives benefit from Hekdesh, who is Chayav to pay a fifth - provided he sinned be'Shogeg.

(d)The fifth case on the Tana's list is Reuven who steals a Shaveh P'rutah from Shimon (See Tos. Yom-Tov) - who is Chayav to add a fifth only if he first swears falsely.

19)

(a)Two of the four things that are not subject to Ona'ah are Avadim and Sh'taros; the other two are - Karka'os and Hekdeishos (See opening Tos. Yom-Tov).

(b)We learn Karka'os from "O Kanoh mi'Yad Amisecha" (in the Pasuk in B'har "ve'Chi Simk'ru Mimlar la'Amisecha O Kanoh mi'Yad Amisecha") - from the implication 'Davar ha'Nikneh mi'Yad le'Yad' ...

(c)... and we learn Avadim from Karka'os (to which they are compared (See Tos. Yom-Tov).

(d)We learn Sh'taros from the same Pasuk - since the Pasuk implies something that one buys and sells for its intrinsic value (to preclude Sh'taros)).

(e)Whereas from the continuation of the above Pasuk "Al Tonu Ish es Achiv" - we preclude Hekdesh ("Achiv", 've'Lo Hekdesh').

20)

(a)The above are also not subject to the Din of Kefel or Arba'ah va'Chamishah (if the Ganav Shechted or sold any of them) in the event that they are stolen. From the word "Re'eihu" in the Pasuk in Mishpatim "Yeshalem Shenayim le'Rei'ehu", we preclude - Hekdesh from Kefel and Arba'ah va'Chamishah.

(b)We learn the other three things from the Pasuk in Mishpatim "Al Kol D'var Pesha, al Shor, al Chamor ... al Kol Aveidah" from a 'K'lal u'Perat u'Chelal' (See Tos. Yom-Tov).

(c)The first and last phrases in the Pasuk serve as the two K'lalim, the middle ones as the P'rat, which we define as 'Davar ha'Metaltel ve'Gufo Mamon'. From ...

1. ... 'Davar ha'Metaltel' we preclude - Karka'os, and from ...

2. ... 'Gufo Mamon' - Sh'taros.

(d)We learn 'Avadim' from - Karka'os, as we explained earlier.

(e)And we learn that they are also Patur from Arba'ah va'Chamishah in the event that one Shechted or sold what one stole (See Tos. Yom-Tov) - inasmuch as whoever is Patur from Kefel must be Patur from Arba'ah va'Chamishah, since otherwise, one would be paying Sheloshah ve'Arba'ah (and not Arba'ah va'Chamishah).

21)

(a)A Shomer is not Chayav any of the above either. A Shomer Chinam - from swearing, a Shomer Sachar - from having to pay.

(b)Here too, he is Patur by Hekdesh, because the Torah writes there "Ki Yitein Ish el Re'eihu ... '. We learn the others from "Ki Yitein Ish el Re'eihu Chamor O Shor O Seh, ve'Chol Beheimah Lishmor" as well - from a K'lal u'Perat u'Chelal'.

22)

(a)According to Rebbi Shimon, the above are Chayav by Kodshim for which one has ...

1. ... accepted Acharayus - by initially declaring 'Harei Alai!', but not regarding those for which one has ...

2. ... not accepted Acharayus - where he initially declared 'Harei Zu!' (See Tos. Yom-Tov).

(b)Rebbi Shimon declares him Chayav in the former case - because he considers him to be the owner.

(c)The Halachah is - like the Tana Kama.

23)

(a)Rebbi Yehudah also precludes a Seifer-Torah from Ona'ah - because it is priceless.

(b)One of the two other objects that he precludes is an animal, the other is - a pearl.

(c)He precludes them - because sometimes one needs a second animal (e.g. to make up pair of oxen) or a second pearl to set in gold, to match the first one, and one is willing to pay more than the regular cost when one finds the one that does.

(d)The Rabbanan replied that - it is the above exclusively that the Chachamim preclude from Ona'ah.

(e)The Halachah is - like the Rabbanan.

24)

(a)The Tana learns from the second "Lo Sonu (Ish es Amiso)" mentioned in B'har that - 'just as there is Ona'ah with regard to business deals, so too, is there such a thing as Ona'ah with regard to words'.

(b)He learn it from the fact that the Torah adds there "Veyareisa me'Elokecha" - implying that there is an Ona'ah which depends on a person's thoughts and that nobody other than Hash-m really knows that the perpetrator means evil.

(c)The first example the Mishnah gives for this La'av is not to ask a seller the value of the article that he is selling. This is considered Ona'ah - if he does not intend to purchase the article.

(d)One should not say to ...

1. ... a Ba'al-Teshuvah - 'Remember what you used to do ... !'

2. ... the son of a Ger - 'Remember the deeds of your fathers!' (See Tos. Yom-Tov).

(e)The Tana learns the latter prohibition from the Pasuk in Mishpatim - "ve'Ger Lo Sonu ve'Lo Silchatzenu!"

25)

(a)When the Mishnah says that 'One should not mix fruit with fruit', he means - that if Reuven agrees to sell Shimon fruit from a certain field, he is not permitted to add fruit from another field.

(b)The Tana is referring to mixing fresh grain (which the Tana often refers to as 'fruit') from one field together with the fresh grain from another field - how much more so new produce with old produce.

(c)The advantage of old produce over fresh produce is that - it is dryer and therefore easier to grind.

26)

(a)The Mishnah rules that - adding 'hard (strong) wine' to 'soft (mild) wine' is permitted (but not vice-versa) ...

(b)... because it improves the quality of the wine (See Tos. Yom-Tov).

(c)The significance of the word 'be'Emes' which precedes this ruling is that - it is Halachah (See Tos. Yom-Tov).

(d)If Reuven sells Shimon a barrel of wine - he is permitted to include the dregs in the sale ...

(e)... and when the Tana initially forbids mixing dregs with the wine that he sells, he is referring to - dregs from a different barrel (See Tos. Yom-Tov).

27)

(a)One is permitted to sell wine into which water has fallen, a barrel at a time - provided one informs each purchaser that this is the case.

(b)Even this is forbidden when selling to a wine merchant in bulk however - because we suspect that he is buying it in order to cheat his customers.

(c)The Mishnah permits adding water to wine even in a town where it is customary to do so - only if is being sold in the winepress (immediately after it has been manufactured).

28)

(a)The Mishnah permits a merchant to mix the grain that he has purchased from five different granaries into one storeroom - and to pour the wine that he has purchased from five different winepresses into one large container before selling it ...

(b)... because everyone knows that a merchant purchasers his wares from many different growers.

(c)The Tana forbids it however - if he does so deliberately (he publicizes that he has purchased from a good-quality grower, and then mixes in inferior produce).

29)

(a)Rebbi Yehudah forbids a storekeeper to distribute candies and nuts to his young customers - because by so doing he lures customers away from other storekeepers.

(b)The Chachamim - permit it (See Tos. Yom-Tov & Tiferes Yisrael).

(c)The Tana Kama forbids a storekeeper to undercut the going rate - because by so doing, he attracts all the customers (thereby hurting his rivals' businesses).

(d)The Chachamim say that - this is a commendable thing to do, since it forces those who horde goods in order to raise their prices to release them and to lower the price).

(e)The Halachah is - like the Chachamim.

30)

(a)Aba Shaul forbids removing the waste from the ground beans that one is selling - since the tendency is to then raise the price disproportionately.

(b)The Chachamim nevertheless permit it - because the purchaser is able to decide for himself whether it is worth his while to purchase the improved beans or not.

(c)They concede however - that one should not clean specifically the top layer of goods that are for sale ...

(d)... as that is misleading the customers ('Geneivas Da'as' [See Tos. Yom-Tov]).

31)

(a)The Mishnah finally discusses a salesman who is selling a person - an Eved Cana'ani, an animal or a vessel.

(b)One may not - adorn them to give them the appearance of looking nicer than they really are (See Tiferes Yisrael).