EXOD845 One of the most basic features of the business world today is the contract. Whenever two companies enter into a business relationship, a contract defines the terms of the deal and generally specifies what happens if something goes wrong. Contracts are common with consumers as well; one of the most common forms of contract nowadays governs the purchase of software. The manufacturers generally state that by opening a package or clicking "purchase," the buyer is in essence entering into a contract with the seller and is agreeing to abide by the terms of the sale and the restrictions on making copies. The acceptability and authority of such "shrink-wrap" contracts are complex issues in both American and Jewish law. The Jewish approach to contracting is similar to the approach highlighted above regarding offices transactions: "play fair." Two basic rules in the Jewish approach to contracts are: (1) deception is forbidden; and (2) you have to have a "meeting of the minds." • Mi'dvar sheker tirhak -- "Stay far from a false matter" [this verse]. The Rabbis of the Talmud, in tractate Shevu'ot (oaths), explicitly apply this rule of the Torah to settling a variety of disputes. For example, they say this: • How do we know that if three persons have a claim of a hundred zuzim one should not be the litigant, and the other two, the witnesses, in order that they may extract the hundred zuzim and divide it? Because it is said: "From a false matter keep far." (B. Shevu'ot 31a) • The rabbis also acknowledge, however, that in normal daily life there may be some exceptions. So, for example, when Shammai opposes calling an ugly woman a "beautiful bride," in keeping with "Keep far from a false matter," his colleague, Hillel, retorts that she is surely beautiful in the eyes of the groom, so is it is no sin to praise her to the groom. • Mekah ta'ut--an erroneous transaction. If two parties make an agreement but it turns out that one of the basic assumptions was wrong, the deal is null and void. The Talmud gives an example of a person who thought he had some excess money, contracted with his partners to use that money to pay their tax bill, but later found out that he did not actually have any excess money. The Rabbis called this a flawed transaction and cancelled the contract. (B. Gittin 14a) (By Barry J. Leff, "Jewish Business Ethics")

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EXOD832 All that we have discussed until now applies even if the information one relates about another person is true. However, if one says lashon hara or rechilus that includes some false information, he also transgresses the Torah’s commandment of מִדְּבַר־שֶׁ֖קֶר תִּרְחָ֑ק, “You shall distance yourself from falsehood” (Shemos 23:7). In addition, his name becomes tarnished because of what he said, for now he will be labeled a motzi shem ra (slanderer), for which the punishment is far more severe than the punishment for speaking ordinary lashon hara and rechilus.

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EXOD834 Avoid not only outright lies, but also exaggerations that listeners might think are literally true. (This is implied by the wording of [this verse]. People often violate this command and try to prove a point through exaggeration. For example, I heard a talk show host making the case for the superiority of the two-parent family. To bolster his argument, he said that 99% of teenage violent crime is committed by young males raised without a father at home. But this is not accurate; the percentage is substantially less. The host feared, as many of us do, that the truth alone would not convince others; it needed to be "helped along." Such hyperbole is not only wrong, it also undercuts the speaker's credibility among those who are aware of the inaccuracy.

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EXOD843 Jewish law imposes obligations upon consumers as well. Thus, we may not ask a storekeeper the price of an item if we have no intention of buying it (Mishnah Bava Mezia 4:10). While comparison shopping is, of course, permitted, raising a storekeeper's hopes with questions about the price is a form of "oppressing with words" (ona'at d'varim), and is forbidden. For example, if you intend to buy a product over the Internet, but want to see the item first, you may not go into a store and pretend to be a potential purchaser so that the storekeeper will demonstrate the product for you. Such deceptions involve a person in one or more lies, and constitute a violation of the biblical prohibition "Keep far away from falsehood."

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EXOD844 Lawyers demean opposing witnesses and cast doubt on the veracity of their testimony, even when they have reason to believe it is true. Such behavior is also a violation of the biblical command to "stay far away from falsehood."

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EXOD847 The law "You shall rebuke, yes rebuke, your fellow" [Leviticus 19:17] applies to all instances in which you become aware of a wrong and have reason to believe that your words can make an impact. Thus a teacher should admonish a student who was acting inappropriately, and a student should rebuke a teacher in similar circumstances: "How do we know that a disciple sitting before his Master (who is judging a case and) who sees that the poor man is right, and the wealthy man wrong, should not remain silent (if his teacher is wrongly favoring the wealthy litigant)? Because it is said, 'Keep far away from falsehood'" [this verse, see Shevuot 31a].

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EXOD850 There are many acts prohibited in the Torah … but falsehood is the only sin that the Torah commands people to avoid actively.

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EXOD848 The Rabbis taught: Whence is it derived that a judge should not hear the plea of one litigant before the other arrives, and that one litigant should not voice his plea to the judge before the other arrives? From "From a thing of falsehood you shall keep far" (Shevuoth 31a).

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EXOD849 The Rabbis taught: Whence is it derived that if two arrive for a litigation, one dressed in rags, and the other in finery of a hundred maneh, the second is told: Dress yourself as he is dressed or dress him as you are dressed? From: "From a thing a falsehood you shall keep far" (Shevuoth 30b).

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EXOD853 Hillel tells us that we should not be primarily concerned with how our words correspond to verifiable reality, but rather for the impact our statement will have on another person. The article (or bride) maybe very blemished--anyone with eyes can see that--but does that obligate us to speak that truth? His answer is no, not if a person will be hurt by our speech.

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