The Mitzvah of Sensitivity

ONA’AS DEVARIM

Leviticus 25:14 When you sell property to your neighbor, or buy any from your neighbor, you shall not aggrieve one another

Leviticus 25:17 Do not aggrieve one another, but fear your G-d; for I am the L-rd your G-d

UNDERSTANDING THE MITZVAH

1. In the space of four verses, the same Mitzvah of not cheating another is mentioned twice. Why?
2. This mitzvah applies to commodities, but does not apply to land. Why is this mitzvah mentioned in the middle of the verses involving the transfer of ancestral lands within Eretz Yisrael.

Sadiah GoanOne time is mentioned as a warning; the second time for punishment.Rashi (Gemara)First is a commandment against cheating in business matters; the second is a commandment against cheating with words.Ibn EzraOne verse is a commandment against cheating by the buyer (under paying) and the second verse is a commandment against cheating by the seller (over charging).AbarbanelFirst verse refers to a case where the buyer and seller are of equal status; the second verse is where one or the other has an advantage.RambanThis is a conflict between the Phsat and the halacha (Mesorah) – the Torah says cheating another is wrong whether by commodities or by land; however, the Rabbis instituted for commodities one is able to rectify by paying back the difference; regarding land cannot fix the wrongful act.SefornoThe law does not apply to land as understood in the context that land in Eretz Yisrael is never sold (only the temporary use of the land) since land reverts back to the original owner.AlshichFirst verse is in matters of business – if treat other as a friend might justify a form of cheating that would not justify if considered the other as a brother. Second verse in matters of words mentions one should fear G-d – if one treats another as not one’s equal and speak poorly to the other; however, one should realize that in G-d’s view, everyone is of equal status.

UNDERSTANDING SENSITIVITY

The word "ona'ah" (translated as maltreat) is used in two contexts, the commercial and the personal. Just as price gouging is considered "ona'ah", so, too, is aggrieving another person with words.

Alshich’s interpretation accounts for the inclusion of the admonition to fear Hashem. Ona’as devarim – verbal abuse – can often be justified or rationalized. Sometimes the abuse is subtle and not overt. We can tell ourselves that we really meant no harm. Also, sometimes we can rationalize the manner in which we speak with others by claiming to ourselves that our intention was only to correct the other person and not to embarrass or harass him. Therefore, only the one who delivers the abuse and Hashem know the true intent of the statement. The passage tells us that we may be able to fool others regarding our intent. But we cannot deceive HaShem. Perhaps the Torah is telling us that we often keep our behaviors within the boundaries of civility because we do not want to lose the respect of our peers. In instances of ona’as devarim, we can sometimes explain away our behavior and retain the respect of our peers. This removes one of the fundamental motivators that regulate civil interaction – our desire to be perceived by others in a positive light. The Torah forewarns us that in order to motivate ourselves in the observance of this command, we must recognize that although we can delude our peers regarding our intention, we cannot mislead Hashem.

WHAT IS THE LAW OF "ONA'AH?"(1) OVERCHARGING OF A SIXTH

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Bava Metzia Chart #14a Bava Metzia Daf 49b-50b

(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) ONE WAS OVERCHARGED LESS THAN 1/6Safek Mechilah(3)Mechilah(4)2) ONE WAS OVERCHARGED EXACTLY 1/6Ona'ah(5)Mechilah(4)3) ONE WAS OVERCHARGED MORE THAN 1/6Bitul Mekach(6)Safek Bitul Mekach(7)

FOOTNOTES:
(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 note #4).