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17 โ[1] ** ืืื ืชืื ื ืืืฉ ืืช ืขืืืชื, "And you shall not take advantage of one another."** *Baba Metzia* 58 explains that our verse discusses ืืื ืืช ืืืจืื, "verbal wrongs." The plain meaning of the verse is that seeing the Torah had already issued a similarly phrased commandment in verse 14, and we had explained that commandment as applicable when overcharging for chattels, we could have thought that overcharging for land was permitted. The Torah therefore had to repeat this commandment in connection with land sales so that the reader would not err and assume it is permitted to overcharge on land. The verse therefore concludes with the exhortation: "you shall fear your G'd," telling us that although the normal legislation against overcharging does not have a legal effect when the sale of real estate is involved, this is so only in connection with land sales in the rest of the world and to members of society at large (Gentiles). The **prohibition** to overcharge is in effect, however. The reason there are no legal repercussions when someone overcharges for the land he sells is that G'd personally will exact the appropriate penalty from the guilty party; this is why after the words: "you shall fear your G'd" the Torah adds the words: "for I am the Lord your G'd." G'd reminds us that He Himself will judge us in this respect and that we must not assume that it is permissible to overcharge when selling real estate. There are many instances of the Torah forbidding something without making such prohibitions a matter punishable by our legal system. You may do well to read what I have written on Exodus 21,12 in this connection. In our specific case, a court might find it difficult to determine precisely when the seller has violated the rule that he must not overcharge, seeing a purchaser may have been willing to pay more than the market price. (the same applies if the buyer bought the property for less than the market price, exploiting the economic weakness of the seller). G'd alone knows where to draw the line between what a buyer is truly willing to pay and what he feels he is forced to pay. This is why G'd Himself will administer any penalty due to either of the parties involved.
โ[2] I have already stated earlier that the principle of a sale being declared an "erroneous transaction" and the court reversing it applies also to land sales. Maimonides also writes in that vein in chapter 15 of his treatise *Hilchot Mechirah*. The principle is based on the transaction having a blemish of which the buyer was unaware at the time he concluded the purchase. In such cases the buyer is at liberty to return the land even if a number of years have passed since the purchase was concluded. Our explanation is based on the wording of ืื ืชืื ื the Torah uses here. The expression ืืื ืืช ืืืจืื covers every deception caused by words which misrepresent true facts. Lying to a person is a form of "wronging" him and includes overcharging for land, i.e. misrepresenting its true value.
Version: Or Hachayim, trans. Eliyahu Munk
Source: http://www.urimpublications.com/or-hachayim-commentary-on-the-torah-5-vols.html
License: CC-BY