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The plaintiff (=pl) bought a computer with some software from the defendant (=def), who sold an individual computer and is not a professional salesman, for 3,500 shekels. Pl claims that after the sale, he discovered that the computer and software is worth only 2,400 shekels and presented a written estimate from a computer technician, who put the value at between 1,600-2,000 shekels. Since the discrepancy in price is more than 20%, pl wants to nullify the sale due to extreme mispricing.
Ruling: Beit din asked of three computer technicians to estimate the value of the computer and the relevant software. Two of them set the price at 2,000 shekels; the third estimated the price at 3,000 shekels.
The Shulchan Aruch (Choshen Mishpat 103:2) rules: "Three people estimated the value of an object: if one said it is worth 100 zuz and two said it is worth 200 zuz, or one said 200 zuz and two said 100 zuz, the minority opinion is dismissed." Therefore, we should set the value of the computer at 2,000 shekels. Even if we were to average out the estimates, it would come only to 2,333 shekels. Either way, there is more than a 20% price deferential between the market price and the price that was charged. Based on the rules of ona’ah (mispricing), if the difference is more than a shtut (what the Talmud calls 1/6th, according to a system of arithmetic known as milebar), which comes to 20%, the sale can be voided.
The Shulchan Aruch (Choshen Mishpat 227:23) says that when a non-merchant sells one of the utensils from his household and overcharges, the laws of ona’ah do not apply because had the buyer not paid more than the regular price, the owner would not have been willing to sell it. Therefore, there is room to say that def, a non-professional who sold his computer, is unaffected by the laws of ona’ah. However, beit din decided that the Shulchan Aruch referred to the case of an object that has sentimental value to its owner and does not apply to the computer at hand. In this regard, this seller is like any other, and the sale may be voided.
Furthermore, according to one of the opinions in the Shulchan Aruch (ibid.:24) the exception for non-merchants is only when the mispricing is up to a shtut (20%), not beyond it. As we showed, in this case, the ona’ah clearly exceeds a shtut.
Therefore, pl has the right to void the sale.
P'ninat Mishpat (829)
Various Rabbis
85 - The Validity Representatives of the Public
86 - Overpricing as a Reason to Nullify a Sale
87 - A Contractor’s Work That Was Stopped in the Middle
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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