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When someone must sell property at a loss, does maaser oni apply? The shiur distinguishes between an oni b'oso sha'ah (temporarily cash-strapped) and a genuine poor person. A negligent rich person loses the din of oni b'oso sha'ah and must repay maaser; a truly poor person, even if negligent, remains entitled to maaser because he's an owner of that communal property, not merely a recipient.
This shiur analyzes Bava Kamma 7a, focusing on Rashi (רש"י)'s two interpretations of when someone selling property at a significant loss qualifies for maaser oni (charity funds). The Gemara (גמרא) presents a case where property worth 200 zuz can only fetch 150, and explores whether this person is considered an ani (poor person) eligible for communal support. The Nachlas Dovid raises a fundamental question on Rashi's second explanation: if someone genuinely lacks money and must sell property at a loss, how can this be considered his "fault" (posheia)? What should he do—pretend to have money he doesn't possess? The shiur addresses this kasha by carefully reading the Gemara's formulation: "Everyone's land went up and his went down." This specific language indicates more than ordinary market disadvantage; it shows extreme desperation beyond normal need. The Gemara provides an objective measure: if market prices rose 20% but this person's property dropped 20%, he's displaying a level of desperation that goes beyond simply needing money—he's acting in a way that broadcasts total desperation.
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Bava Kamma 7a
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