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LEVITICUS — 25:14 deceive

LEV965 Ona'at mammon (price deception or price fraud) is a very important prohibition that teaches us that we have to "play fair." The concept is related to theft, although unlike geneivat da'at (deception), ona'at mammon is a specific provision found in the Torah [this verse]. The Mishnah articulates very specific guidelines as to what constitutes price fraud: selling an object for more than 1/6 above what it is "really" worth. Interestingly--and very much at odds with our normally accepted ideas about fairness in pricing--it is equally forbidden to underpay. Paying more than 1/6 below the real price is also forbidden, and such a transaction can be legally nullified. A reasonable profit is allowed, and some variation in pricing is acceptable, but overall prices should be "fair." One of the biggest problems in applying this principle is determining what constitutes the "same product." Two stores may be selling what appears to be the same product, but one store might provide a better warranty, or have different payment terms, or offer much better customer service, and so on, all of which could be sufficient to say that the product is not exactly the same and a price differential greater than 1/6 is justified. (By Barry J. Leff, "Jewish Business Ethics")

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LEVITICUS — 25:14 neighbor

LEV966 Where a Jew has something to sell, and both a Jew and a non-Jew wish to buy it, he should sell to the Jew, and the same preference is followed in buying. So Scripture ordained [this verse]: "And if you sell ought to your neighbor, or buy from your neighbor's hand." Here the Sifra elucidates: "If you sell, sell to your neighbor, the Israelite. And if you buy, buy from your neighbor, the Israelite." Obviously, the same rule applies to the renting of an article or tool. It is better to rent from a Jew if the renter will derive equal benefit from either one.

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LEVITICUS — 25:14 oppress

LEV967 Ironically, when unethical behavior is motivated by our sense of righteousness, it can be very difficult to overcome. If a person is tempted to act unethically because of a tendency to acquisitiveness, he can usually keep it in check by reminding himself that he would do better to listen to the dictates of his conscience. But when even our conscience convinces us that [intended behavior] is unethical, what will keep our behavior under control? The key to overcoming this kind of temptation is to master our emotions. Do we really want to be subjugated to base emotions like anger and vengefulness? Even if your behavior could be justified, is [the contemplated behavior] worth the feeling that you have lowered yourself to exactly the level of behavior which you condemn? ... The best way to overcome the temptation to act unethically is to free ourselves from enslavement to anger, vindictiveness, and suspicion and conduct ourselves with generosity and dignity as befits free and noble human beings.

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LEVITICUS — 25:14 sell

LEV968 It is a positive commandment to render judgment on matters of buying and selling by the rule that the Torah ordained about it. This is to say that there are situations where a transaction between the seller and buyer remains valid, and situations where it has no validity; and an obligation lies upon us to judge between them according to the instruction of the Torah. A specific commandment is given about this in a specific portion [of Scripture]: And if you sell something to your fellow or buy from your fellow's hand, etc. [this verse] – – because it [ trade] is a constant thing among human beings, without which it is impossible for people to live even one day. Land can be acquired as one's possession through money, a document, or demonstration of ownership; and movable goods or a domestic animal, by drawing [it to oneself] and all the more certainly by lifting it, and so forth.

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LEVITICUS — 25:14 wrong

LEV980 Until this point, we have discussed only the obligations of the advertiser. But the Talmud also places some obligations on the buyer. Because the commandment not to wrong another person is repeated twice in the Torah in the span of three verses [this verse and Leviticus 25:17], the Talmud teaches that one verse refers to wrongdoing someone monetarily by charging too much for a product and the other verse refers to wronging someone verbally (Bava Metzia 58b). Among the prohibitions of wronging someone verbally is the custom of what is commonly called window shopping. Although widely practiced, the Mishnah (Mishnah, Bava Metzia 4:10] says that one may not ask a sales person or store owner the price of an item that he or she has no intention to buy. The salesperson or owner is "wronged" because asking the price or window shopping (trying on clothes or even browsing) clearly raises the expectation of a sale on the part of the store. This is especially wrong if the store person spends time with the (non) customer. Therefore, just as the advertiser cannot misrepresent to the potential buyers, the potential buyers may not misrepresent to the product owners. This entire concept of misleading others is not merely a business concept in Judaism, but should be with a Jew in all aspects of life. Although Maimonides does mention it prominently in his section on business laws (Hilchot Mechirah 18:1), he emphasizes it even more in his section on how fundamentally to act as a Jew at all times (Hilchot De'ot 2:6). One cannot truly separate the two. Thus, the idea of not misrepresenting should be with the Jews not only when they play the roles of advertisers and customers, but in all walks of life.

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LEVITICUS — 25:14 wrong

LEV969 "They speak falsehood everyone with his neighbor; with smooth words and with a double heart do they speak." -- Psalms 12:3 It is said that every man has some larceny in his heart. If there is any truth to this cynical remark, one may properly add that there is some hypocrisy in every man's mind. Surely people who pretend in public to adhere to a strict code of integrity and morality but fail to live up to their professed high standards of behavior in the privacy of their homes suffer from a touch of hypocrisy. Mild hypocrisy is generally motivated by a desire to make a good impression and to gain the respect of one's fellowman. Moralists do not condone even the mildest form of hypocrisy, but they accept it as a common human weakness. They are not so charitable when it comes to aggressive hypocrisy directed against other people, mostly for selfish reasons. An individual who secretly disregards the law when it serves his needs but persists in attacking others for their lawlessness is a despicable hypocrite. An individual who is secretly lax in his religious observances but sanctimoniously berates his friends for their lack of religious fervor is it a detestable hypocrite. An individual who seldom supports worthy causes but criticizes others for their skimpy contributions to charity is a mean hypocrite. It is a known fact that vigilante groups engaged in moral crusades attract a high number of hypocrites to their ranks. In addition to the common classes of passive and aggressive hypocrites, there is another category of self-exculpating hypocrites. Chief among these are people who seek to camouflage their record of unethical activities with a screen of respectability and high-minded social consciousness. A thief who ostentatiously donates part of his ill-gained wealth to charity, a loan shark who supports worthy causes, an exploiting employer who sets up philanthropic foundations, are all engaged in a hypocritical cover-up. Institutions which accept tainted largess are inadvertently aiding an unconscionable process of whitewashing. All types of hypocrisy are deceitful, banned under the biblical provision of deceit [this verse]. A harlot's offering, acquired by immoral acts, must be rejected out of hand by the officials of the sanctuary (Deuteronomy 23:19). The same is true of offerings brought by thieves (Rashi, Leviticus 1:2; Sukkah 30a).

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LEVITICUS — 25:14 wrong

LEV972 False impressions can be highly damaging to one's good reputation. Even innocent acts may engender unfounded gossip if one is not alert to the potentially wrong conclusions that people may draw from them.… First impressions are at times deliberately created for self-serving reasons. It is done without any intent to harm other people but merely to satisfy one's ego. ... [Some] deliberately create[] th[e] impression to enhance [their] own image. Such conduct is unethical and deceptive. The worst kind of false impression is one that is fostered for self-gain at the expense of another party. An individual who affects a blind man's disguise when soliciting money is guilty of unethical conduct and outright fraud. It is the false impression that is inadvertently created, without any deceptive intent, that is most frequently illustrated in the Bible. The other two categories, perpetrated for reasons of prestige or financial gain, required a little elaboration because they are specifically banned by biblical injunctions prohibiting all forms of deception [this verse and verse 17]. According to rabbinical interpretation, the ban covers all misleading words and acts, even if not perpetuated for financial gain (Baba Metzia 58b). Moses made effective use of the objection to the creation of false impressions in his intercession with God on behalf of the people. He forcefully argued that the destruction of the Hebrews in punishment for the worship of the golden calf would lead the Egyptians to the wrong conclusion that the death of the freed Hebrew slaves was premeditated by God at the time of the exodus (Exodus 32:12). Additionally, the intended punishment might also create the false impression that God was impotent to deliver the land which he had promised to Abraham (Deuteronomy 9:28).

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LEVITICUS — 25:14 wrong

LEV973 It is a negative commandment not to cheat one another in buying and selling as Scripture states, And if you sell something… or buy from your fellow's hand, you shall not wrong one another [this verse]. Whether a person cheated deliberately, or he did not know that there was an overcharge in the sale, he is duty-bound to make compensation.

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LEVITICUS — 25:14 wrong

LEV971 Do not wrong one another in buying and selling. It is common sense that deceit in business cannot be tolerated. One cannot take advantage of other people and extract from them what one does not deserve. Rather, each person profits according to his efforts, according to what Hashem grants him through justice and fairness. The benefit is universal. Just as one will not cheat others, so, too, they will not cheat him. Thereby, a great positive purpose is served that helps society to function smoothly.

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