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Bava Metzia Chart #14a

Bava Metzia Daf 49b-50b

WHAT IS THE LAW OF "ONA'AH?"(1)
  (A)
THE BUYER CLAIMED THE OVERPAYMENT WITHIN "AD KEDEI SHE'YAR'EH" 		(B)
THE BUYER CLAIMED THE OVERPAYMENT AFTER "AD KEDEI SHE'YAR'EH"(2)
1) HE WAS OVERCHARGED LESS THAN 1/6 Safek Mechilah(3) Mechilah(4)
2) HE WAS OVERCHARGED EXACTLY 1/6 Ona'ah(5) Mechilah(4)
3) HE WAS OVERCHARGED MORE THAN 1/6 Bitul Mekach(6) Safek Bitul Mekach(7)
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FOOTNOTES:
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 (1) These laws apply both to a buyer who was overcharged, and a seller who was underpaid. However, with regard to a seller who was underpaid, there is no limit to when he may make his claim (since he is not holding the merchandise such that he can show it to someone to have it appraised), and thus only column (A) applies to a seller.
(2) This applies only to a buyer. A seller, though, may claim an underpayment whenever he notices that he was underpaid, with no time constraint (51a; see previous footnote).
(3) 50a; see next footnote.
(4) That is, the overpayment is not refunded to the buyer because we assume that he acknowledged the overpayment and decided to forego claiming it.
(5) The Tana'im (50b) argue whether one who was defrauded may annul the purchase altogether (Rebbi) or whether the purchase remains valid but the overpayment must be refunded (Rebbi Nasan). (According to Rabah (51a), Rebbi makes a compromise: if the *buyer* was overcharged, the seller must refund the overpayment but the sale is valid, however if the *seller* was underpaid, he has the option to receive the balance from the buyer or to annul the sale if he wants.) Everyone agrees, though, that in cases of Ona'ah the one who *defrauded* does not have the right to cancel the purchase.
(6) That is, the purchase is null and void and either the seller or buyer may choose to cancel the purchase.
(7) 50b; see previous footnote. The Safek is whether it is considered Bitul Mekach, or Mechilah (see footnote #4).

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