Q&A: On One-Sixth
On One-Sixth
Question
In the Talmud it says that exactly one-sixth is overcharging, so I asked myself: why exactly one-sixth? What are the chances that this will happen? If it were about approximately one-sixth, that would be clearer, because then there wouldn’t be a probability problem. But as it stands, when it is exactly one-sixth, there is such a problem. I would be happy to receive an answer that clarifies the Talmud’s intent.
Answer
Hello.
I think some line had to be drawn, and the Sages found one-sixth to be reasonable. True, this is an almost theoretical law. But it serves as the boundary between a case with no overcharging and a case where the sale is void.
And in more detail: basically, originally they wanted to establish in Jewish law two situations in the laws of buying and selling: situation A — the sale is void and the money is returned (when the error is large), and situation B — the sale stands (when the error is small). As stated, by logical reasoning they decided that the dividing line would be one-sixth. Now the question arises: what is the law when the error is exactly one-sixth, between the two categories (even though it is unlikely to happen except in rare cases)? Naturally, they determined that this would be a compromise rule between the two original situations: at one-sixth, the sale stands and the overcharge is returned.
According to my suggestion, this is not an essential law. The two important laws are on the two sides of the line. The law on the line itself was determined only in order to define the dividing line.
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Questioner:
The problem with this answer is that from the give-and-take of the Talmudic discussion, it seems that the Talmud treats the dividing line (one-sixth) as a realistic possibility.
Do you mean that the Talmud seriously discusses the extreme and unlikely case just out of curiosity/interest? That may be so. But perhaps the choice of one-sixth is not arbitrary. Maybe merchants in those times chose one-sixth as their target profit margin, and from there the Talmudic discussion specifically about one-sixth developed.
Gadi,
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Rabbi:
That is indeed a realistic possibility, but it is rare. There are quite a few halakhic clarifications whose purpose is understanding the issue and the Jewish law, not practical application.
See here David Assaf’s post, and my response (and other responses) below:
http://onegshabbat.blogspot.co.il/2013/12/blog-post_6404.html