is there onaah on pidyon haben?, shichrur avadim?,kidushin? both if the object was worth 6 and not 5 and if the price was agreed to but found to be unreasonable?
Title: Onaah Shiur Assistant
mark shapiro,
Shalom,
HaRav Schachter's responce is as follows:
Pidyon HaBen: No, he doesn't have to pay a penny more than the five coins. Any overpay must be returned.
Shichrur Avadim:
- Eved Kenaani: The Gemara says Avadim Hukshu leKarkaos, and the Issur Onaah applies to Karka, only the penalty doesn't.
- Eved Ivri: The Rishonim debate if the above Gemara applies to Eved Ivri, as well, but the din would be the same with respect to Onaah.
Kiddushin: There's no Onaah, but Lo Samchah Da'atah, she doesn't rely on the value, that's why the Minhag is to use a stoneless ring.
Please ask more questions.
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Author: mark shapiro
Shiur Assistant mark shapiro,
Shalom,
HaRav Schachter's responce is as follows:
Pidyon HaBen: No, he doesn't have to pay a penny more than the five coins. Any overpay must be returned.
Shichrur Avadim:
- Eved Kenaani: The Gemara says Avadim Hukshu leKarkaos, and the Issur Onaah applies to Karka, only the penalty doesn't.
- Eved Ivri: The Rishonim debate if the above Gemara applies to Eved Ivri, as well, but the din would be the same with respect to Onaah.
Kiddushin: There's no Onaah, but Lo Samchah Da'atah, she doesn't rely on the value, that's why the Minhag is to use a stoneless ring.
Please ask more questions.