Checking for Bugs and Overcharging: Difference between pages

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# There are four types of vegetables and fruits with respect to checking bugs.
Cheating a customer or a seller by overcharging is a serious sin. Sometimes the sale is halachically null and void, while in other cases it is still valid.
## Vegetables that the chance of finding a bug in a serving is less than a miyut hamatzuy of bugs is permitted and doesn't need to be checked at all.<Ref>Badei Hashulchan 100:46 citing Shulchan Aruch 84:8</ref>
==Prohibition of Overcharging==
## Vegetables that the chance of finding a bug in a serving is more than a miyut hamatzuy of bugs but less than 50% needs to be checked. This obligation is rabbinic.<Ref>Badei Hashulchan 100:46 citing Shach 84:26</ref>
# There is a Torah prohibition to overcharge (as a seller) or underpay (as a buyer) when the other party is unaware of the market value for such an item.<ref> Vayikra 25:14 states “וכי תמכרו ממכר לעמיתך או קנה מיד עמיתך אל תונו איש את אחיו” “And when you make a sale to your fellow Jew or make a purchase from the hand of your fellow Jew, you shall not wrong one another.” The Rambam in Sefer Hamitzvot Lo Taaseh 250 as well as in Mishne Torah (Mechira 12:1) considers it to be one of the 613 mitzvot. This is also the opinion of the Sefer HaChinuch (Mitzvah 337). The Mishna Bava Metsia 51a says that this prohibition applies both to the buyer or seller. The general prohibition of onaa is codified by Shulchan Aruch C.M 227:1, Kitzur Shulchan Aruch 62:1, Halichot Bein Adam Lachavero 10:30, and Pitchei Choshen Geneva Vihonaa 10:1.</ref> This is split into three categories:
## Vegetables that the chance of finding a bug in a serving is 50% needs to be checked and the obligation to check is Biblical. If it was cooked without being checked after the fact the food is permitted since it could be that there weren't bugs and it could be that the bugs were crushed.<Ref>Badei Hashulchan 100:46 citing Shach 84:35</ref>
# More than 16% above market price - this amount is considered onaa and the buyer can invalidate the sale.
## Vegetables that the chance of finding a bug in a serving is greater than 50% then they are forbidden until it is completely checked. If it was cooked without being checked it is forbidden.<Ref>Badei Hashulchan 100:46</ref>
# Exactly 16% above market price - the sale is valid, but the extra money that the buyer paid must be returned.
# With regard to fruits that are supposed to be checked, checking the majority of the fruits is not enough to ascertain that the rest are kosher. <ref> Kitzur Shulchan Aruch 46:36 </ref>
# Within 16% above market price - the sale goes through and the extra money that the buyer paid need not be returned.<ref> Gemara Bava Metzia 50b, Halichot Bein Adam Lachavero 10:31. Rambam Mechira 12:3 explains that the reason that the sale is valid if the price is less than 1/6 above market price is because most people willingly forego such a small difference. Rosh Bava Metzia 4:20 writes that it is because it is impossible to be perfectly precise. Although Sefer Hachinuch (Mitzva 337) writes that charging that little above market price is totally permissible, the Ramban in his commentary on the Torah (Vayikra 25:14) writes that one still violates the prohibition even though he need not return the difference. Shulchan Aruch CM 227:6 quotes both opinions without conclusion. Pitchei Choshen Geneva Vihonaa 10:2 also doesn’t rule conclusively but says that a God fearing person should be strict.  </ref>
# If one notices a dot (that is not moving) on a fruit or vegetable, but even someone familiar with insects cannot identify it as a bug without a microscope, it would be permitted. <ref> Halichos Shlomo Moadim (Pesach), pg. 176 and Shevet HaLevi 7:122 </ref>  
==Nowadays Fluctuating Prices==
# Most poskim hold that you do not need to use a magnifying glass to check for bugs. <ref> Aruch HaShulchan YD 84:36, Iggerot Moshe YD II: 146, Halichos Shlomo, Moadim (Pesach) p. 176, and Yechave Daat 6:47. </ref>
# Nowadays, most items don’t have a set price. Therefore, one would only be allowed to cancel a sale if there is a set price for that item in every store in the area and he was charged more than 16% above that set price.<ref>Halichot Bein Adam Lachavero 10:32, Rav Asher Weiss (Kovetz Darkei Horaa Tammuz 5765 2 pg. 124). See Pitchei Choshen Geneva Vihonaa 10:1 who discusses practical applications for nowadays and seems to conclude that one calculates it from the median price in that area.</ref>  
# Even though bugs are disgusting nonetheless it would make a mixture forbidden since it is a living creature and isn't nullified.<ref>Pri Chadash 103:5 and Kaf Hachaim 103:5 unlike the Aruch Hashulchan 103:11. The Pri Chadash proves his point from the Rambam (Machalot Asurot 2:21). The Kaf Hachaim proves his point from the Shulchan Aruch 103:4 and Torat Chatat 85:24 (which was written by the Rama). </ref>
==When Onaah Does Not Apply==
# Somebody who invents something unique, such as if he got a patent, may sell the invention or the copyright for whatever price he wants. However, retail stores which sell that item cannot sell it for more than 16% above what it is sold for in other stores.<ref> Halichot Bein Adam Lachavero 10:36, Hilchot Mishpat pg. 294. This is based on the Rosh BM 4:20 that the whole basis for onaa is if you can acquire the item somewhere else for cheaper.</ref>  
# If a store which is well known for its high prices because of its high quality, its convenience, or its customer service, charges higher than usual prices, the laws of onaa will not apply.<ref> Halichot Bein Adam Lachavero 10:37, Mishpitei Hatorah 2:1, since people are willing to pay extra for this convenience</ref>
# Onaa doesn’t apply to land. Therefore, if one is buying or renting a house or apartment, we do not cancel the sale if he was charged too much.<ref> Shulchan Aruch CM 227:29, 32 based on Mishna Bava Metzia 56a rules that there is no onaa on the sale of land. The Gemara Bava Metsia 56b says that renting of objects or land is considered a temporary sale and therefore there is onaa. This is codified by Shulchan Aruch CM 227:33-35. Halichot Bein Adam Lachavero 10:45 and Pitchei Choshen Geneva Vihonaa 10:5 agree.
Rabbenu Tam cited by Tosfot Ketubot 98a s.v. almanah based on the Yerushalmi (Ketubot 11:4) writes that if you charge double or more of the going price of land, then it is certainly considered onaa and the sale is invalid. Tosafot Bava Metsia 57a s.v. Amar and Bava Kama 14b s.v. Davar, and Rosh (Bava Metsia 4:21) agree. The Rama CM 227:29 codifies this opinion but only says that if it is more than double it is onaa. However, the Sama 227:50 points out that Rabbenu Tam in Ketubot and the Rosh explicitly say even exactly double is onaa. On the other hand, Rif (Bava Metsia 32a-32b) at length disagrees with the opinion of some geonim who thought that the sale of land is invalid if one charges more than double. The Rambam (Mechira 13:8) states that there’s no onaa on land for any price even if you overcharge by tenfold. This is also the opinion of the Bet Yosef CM 227:29.
</ref> Nonetheless, it is biblically forbidden to overcharge or underpay for land when the other party is not aware of the true market value of the land.<ref> Pitchei Choshen Geneva Vihonaa 10:3. The Ramban Vayikra 25:14 points out that even though the Gemara learns that land is excluded from onaa, according to the simple explanation of the pasuk, it is clearly forbidden to cheat someone on the sale of land. In fact, he says that the simple explanation is so compelling that he suggests that there is a biblical prohibition to cheat someone on the sale of land, it is just excluded from the laws of returning the money. The Minchat Chinuch 337:3 argues that the Rambam would agree with the Ramban because he holds that gezel applies to land and the gemara Bava Metsia 61a suggests that onaa would be sufficient to replace the prohibition of gezel. However, he notes, that the Tosfot ad loc. s.v. alah would argue with the Ramban’s premise and assume that there’s no prohibition of onaa on land at all. The Pitchei Teshuva CM 227:21 quotes this Ramban. Similarly, the Sama CM 227:51 cites the Maharshal who holds that it is onat devarim to cheat someone on a sale of land.</ref>
# Onaa doesn’t apply to the following items: items that don’t have a set price<ref> Teshuvat Harosh 13:20, Halichot Bein Adam Lachavero 10:47</ref>, antiques<ref> Halichot Bein Adam Lachavero 10:47, Mishpitei Hatorah 2:4</ref>, investments<ref>Halichot Bein Adam Lachavero 10:47 writes that for something that the buyer is projecting the value of the item to rise greatly there is no honaa. Teshuvat Harosh 13:20</ref>, and documents<ref>Shulchan Aruch CM 227:29. This exclusion would apply nowadays to the purchase and sale of most financial documents – stocks, bonds, treasury bills, etc. – since they do not have intrinsic value and only represent the debt or share in the company. ([http://matzav.com/business-halacha-overcharged-by-the-mechanic/ Business Halacha: Overcharged by the Mechanic] by Rabbi Meir Orlian). Nonetheless, the Minchat Chinuch 337:3 assumes that documents have the same halacha as land where the sale is valid but it is forbidden to overcharge. Pitchei Choshen Geneva Vihonaa 10:3 agrees.</ref>.


===Strawberries===
# The Star-K writes that one should wash the strawberries in soap water and agitate them in the water. Afterwards the tops should be cut off and no checking is required.<ref>https://www.star-k.org/checking. Rav Shlomo Amar in Shma Shlomo YD 7:4-5 5772 writes that the strict halacha is that any bug that's not visible to the naked eye is permitted and even if it is detectable by its movement it is permitted. Rav Amar explains from many poskim that anything which is so small that it isn't visible to the naked eye it is considered nothing in halacha and not forbidden. He explains that it isn't just because things which are so small are hard to discover and the Torah doesn't expect us to find them with microscopes. Rather they aren't considered anything of significance and are permitted. As such he thinks that strawberries don't need to be checked but it is proper to wash them in soap and water and remove the tops.
* Rav Amar quotes that the Yavetz 2:124 writes that checking for bugs in rice with a magnifying glass or in the sun is a reason to be strict but one shouldn't rule that it is forbidden. Pitchei Teshuva 84:5 and Machzik Bracha 84:41 cite this. Aruch Hashulchan 84:36 holds that seeing something in the sun is considered normal sight unlike seeing through a microscope. Shevet Halevi YD 7:125:2 writes that one has to be concerned with bugs that are visible to someone with good eyes even though a regular person couldn't see it.
* Chayei Halevi YD 3:56:5 quotes that the Chazon Ish held that even bugs that aren't recognizable are forbidden and Rav Shlomo Zalman Auerbach agreed. Rav Amar argues that the Chazon Ish couldn't have said that. From his text Chazon Ish YD 14:6 it could be explained otherwise, only if it is once recognizable and whole but just not recognizable because it is mixed up is it not nullified.
* Rav Amar concludes that if one sees a dot on the strawberry but you can't identify what it is without a microscope or magnifying glass that is also permitted to eat. One doesn't even need to check if it is a bug. Furthermore, even if you see under microscope that it is a bug it is permitted.
* Binat Adam 38:49, Aruch Hashulchan 84:36, Yachava Daat 6:47, Igrot Moshe EH 3:33, and Igrot Moshe YD 2:146 hold that bugs or bacteria that aren't recognizable to the naked eye are permitted to eat. Shemirat Shabbat Khilchata v. 1 ch. 3 fnt. 105 quotes Rav Shlomo Zalman as being strict on bugs that aren't visible because of what he heard about the Chazon Ish's opinion on bugs. Rav Amar quotes this and questions it.</ref>
===Lettuce===
# One shouldn't eat lettuce without checking for bugs. Some say that since such a thorough check is necessary and it is hard to do one shouldn't eat any lettuce besides for Pesach and then just to eat the stalks after checking. However, one could buy greenhouse lettuce which doesn't have as many bugs, check it and rinse it off.<ref>Yalkut Yosef v. 2 p. 226 writes that one shouldn't eat lettuce without checking it for bugs. But since it is so hard to do a thorough check one shouldn't eat lettuce at all besides for maror on Pesach and just to eat the stalks. However, the greenhouse lettuce is permitted but should still be checked with a normal quick check and a little rinse. He cites many sources that are concerned for bugs on lettuce including: Sefer HaZichronot p. 23, Knesset Hagedola 84:52, Chatom Sofer OC 132, Yehuda Yaaleh 139, Rav Chaim Palagi in Chaim LRosh p. 72, Zivchei Tzedek 84:93, Ben Ish Chai (Shana Sheniya Parshat Naso n. 8; Tzav n. 27), Chazon Ovadia 1:2:657, Kaf Hachaim 84:100. With respect to lettuce with which the planters did something to prevent bugs, he cites Igrot Moshe YD 2:25 that they too should be washed since it is a rov created by an action (Bechorot 20a). Rav Ovadia in Halichot Olam v. 1 p. 294 he writes that it is good to check such lettuce.</ref>
===Cabbage===
# Cabbage has an issue with bugs. If one checks it very carefully one can eat it.<Ref>Yalkut Yosef Iser Vheter v. 2 p. 235</ref>
===Grape Leaves===
# Grape leaves are an issue because of bugs and as such one shouldn't eat them unless they are produced with vinegar which removes the bugs. Someone very pious would avoid this altogether.<Ref>Yalkut Yosef v. 2 p. 228 writes tat grape leaves are a big issue for bugs. He quotes numerous sources including: the Mabit 3:46, Machzik Bracha 84:24, Masat Moshe 5, Yad Dovid Di Bitton YD 84:29, Eretz Chaim 84:8, Admat Kodeseh YD 2:1, Bet Dino Shel Shlomo YD 19, Zivchei Tzedek 84:99, Ben Ish Chai Naso n. 8, Kaf Hachaim 84:94. In Admat Kodesh he quotes Maharach Abulafia that one can't compare the infestation of bugs from one place and time to another.</ref>
===Chickpeas and Falafel===
# If one made falafel without checking the chickpeas they are permitted.<Ref>Yalkut Yosef v. 2 p. 240 writes that if one didn't check chickpeas for bugs and crushed them and made them into falafel they are permitted since one didn't intend to nullify the bugs. But he clarifies that initially the chickpeas needs to be checked even though one is going to make it into something in which it it would be nullified.</ref>
==Links==
==Links==
* [http://www.matziv.com/pictures/tubshevatguide.pdf Tu BiShevat Guide]
* [http://www.yutorah.org/lectures/lecture.cfm/733608/rabbi-hershel-schachter/halachic-issues-in-pricing-and-compensation/ Halachic Issues in Pricing and Compensation] by Rabbi Hershel Schachter
* [http://www.yutorah.org/lectures/lecture.cfm/788162/rabbi-hershel-schachter/ibc-topics-bugs-in-kashrut/ Bugs in Kashrut] by Rabbi Hershel Schachter
* [http://www.yutorah.org/lectures/lecture.cfm/843155/rabbi-jonathan-ziring/how-much-is-too-much-overcharging-in-jewish-law/ How Much is too much: Overcharging in Jewish law]
* [http://www.yutorah.org/lectures/lecture.cfm/851706/rabbi-netanel-wiederblank/how-to-check-produce-for-bugs/ How to Check Produce for Bugs]
* [http://www.yeshiva.org.il/midrash/8520 Isur Onaat Mamon] on yeshiva.org.il
 
==Sources==
==Sources==
<references/>
<references/>
[[Category:Kashrut]]
[[Category:Business Halacha]]

Revision as of 03:13, 26 June 2019

Cheating a customer or a seller by overcharging is a serious sin. Sometimes the sale is halachically null and void, while in other cases it is still valid.

Prohibition of Overcharging

  1. There is a Torah prohibition to overcharge (as a seller) or underpay (as a buyer) when the other party is unaware of the market value for such an item.[1] This is split into three categories:
  2. More than 16% above market price - this amount is considered onaa and the buyer can invalidate the sale.
  3. Exactly 16% above market price - the sale is valid, but the extra money that the buyer paid must be returned.
  4. Within 16% above market price - the sale goes through and the extra money that the buyer paid need not be returned.[2]

Nowadays Fluctuating Prices

  1. Nowadays, most items don’t have a set price. Therefore, one would only be allowed to cancel a sale if there is a set price for that item in every store in the area and he was charged more than 16% above that set price.[3]

When Onaah Does Not Apply

  1. Somebody who invents something unique, such as if he got a patent, may sell the invention or the copyright for whatever price he wants. However, retail stores which sell that item cannot sell it for more than 16% above what it is sold for in other stores.[4]
  2. If a store which is well known for its high prices because of its high quality, its convenience, or its customer service, charges higher than usual prices, the laws of onaa will not apply.[5]
  3. Onaa doesn’t apply to land. Therefore, if one is buying or renting a house or apartment, we do not cancel the sale if he was charged too much.[6] Nonetheless, it is biblically forbidden to overcharge or underpay for land when the other party is not aware of the true market value of the land.[7]
  4. Onaa doesn’t apply to the following items: items that don’t have a set price[8], antiques[9], investments[10], and documents[11].

Links

Sources

  1. ↑ Vayikra 25:14 states “וכי תמכרו ממכר לעמיתך או קנה מיד עמיתך אל תונו איש את אחיו” “And when you make a sale to your fellow Jew or make a purchase from the hand of your fellow Jew, you shall not wrong one another.” The Rambam in Sefer Hamitzvot Lo Taaseh 250 as well as in Mishne Torah (Mechira 12:1) considers it to be one of the 613 mitzvot. This is also the opinion of the Sefer HaChinuch (Mitzvah 337). The Mishna Bava Metsia 51a says that this prohibition applies both to the buyer or seller. The general prohibition of onaa is codified by Shulchan Aruch C.M 227:1, Kitzur Shulchan Aruch 62:1, Halichot Bein Adam Lachavero 10:30, and Pitchei Choshen Geneva Vihonaa 10:1.
  2. ↑ Gemara Bava Metzia 50b, Halichot Bein Adam Lachavero 10:31. Rambam Mechira 12:3 explains that the reason that the sale is valid if the price is less than 1/6 above market price is because most people willingly forego such a small difference. Rosh Bava Metzia 4:20 writes that it is because it is impossible to be perfectly precise. Although Sefer Hachinuch (Mitzva 337) writes that charging that little above market price is totally permissible, the Ramban in his commentary on the Torah (Vayikra 25:14) writes that one still violates the prohibition even though he need not return the difference. Shulchan Aruch CM 227:6 quotes both opinions without conclusion. Pitchei Choshen Geneva Vihonaa 10:2 also doesn’t rule conclusively but says that a God fearing person should be strict.
  3. ↑ Halichot Bein Adam Lachavero 10:32, Rav Asher Weiss (Kovetz Darkei Horaa Tammuz 5765 2 pg. 124). See Pitchei Choshen Geneva Vihonaa 10:1 who discusses practical applications for nowadays and seems to conclude that one calculates it from the median price in that area.
  4. ↑ Halichot Bein Adam Lachavero 10:36, Hilchot Mishpat pg. 294. This is based on the Rosh BM 4:20 that the whole basis for onaa is if you can acquire the item somewhere else for cheaper.
  5. ↑ Halichot Bein Adam Lachavero 10:37, Mishpitei Hatorah 2:1, since people are willing to pay extra for this convenience
  6. ↑ Shulchan Aruch CM 227:29, 32 based on Mishna Bava Metzia 56a rules that there is no onaa on the sale of land. The Gemara Bava Metsia 56b says that renting of objects or land is considered a temporary sale and therefore there is onaa. This is codified by Shulchan Aruch CM 227:33-35. Halichot Bein Adam Lachavero 10:45 and Pitchei Choshen Geneva Vihonaa 10:5 agree. Rabbenu Tam cited by Tosfot Ketubot 98a s.v. almanah based on the Yerushalmi (Ketubot 11:4) writes that if you charge double or more of the going price of land, then it is certainly considered onaa and the sale is invalid. Tosafot Bava Metsia 57a s.v. Amar and Bava Kama 14b s.v. Davar, and Rosh (Bava Metsia 4:21) agree. The Rama CM 227:29 codifies this opinion but only says that if it is more than double it is onaa. However, the Sama 227:50 points out that Rabbenu Tam in Ketubot and the Rosh explicitly say even exactly double is onaa. On the other hand, Rif (Bava Metsia 32a-32b) at length disagrees with the opinion of some geonim who thought that the sale of land is invalid if one charges more than double. The Rambam (Mechira 13:8) states that there’s no onaa on land for any price even if you overcharge by tenfold. This is also the opinion of the Bet Yosef CM 227:29.
  7. ↑ Pitchei Choshen Geneva Vihonaa 10:3. The Ramban Vayikra 25:14 points out that even though the Gemara learns that land is excluded from onaa, according to the simple explanation of the pasuk, it is clearly forbidden to cheat someone on the sale of land. In fact, he says that the simple explanation is so compelling that he suggests that there is a biblical prohibition to cheat someone on the sale of land, it is just excluded from the laws of returning the money. The Minchat Chinuch 337:3 argues that the Rambam would agree with the Ramban because he holds that gezel applies to land and the gemara Bava Metsia 61a suggests that onaa would be sufficient to replace the prohibition of gezel. However, he notes, that the Tosfot ad loc. s.v. alah would argue with the Ramban’s premise and assume that there’s no prohibition of onaa on land at all. The Pitchei Teshuva CM 227:21 quotes this Ramban. Similarly, the Sama CM 227:51 cites the Maharshal who holds that it is onat devarim to cheat someone on a sale of land.
  8. ↑ Teshuvat Harosh 13:20, Halichot Bein Adam Lachavero 10:47
  9. ↑ Halichot Bein Adam Lachavero 10:47, Mishpitei Hatorah 2:4
  10. ↑ Halichot Bein Adam Lachavero 10:47 writes that for something that the buyer is projecting the value of the item to rise greatly there is no honaa. Teshuvat Harosh 13:20
  11. ↑ Shulchan Aruch CM 227:29. This exclusion would apply nowadays to the purchase and sale of most financial documents – stocks, bonds, treasury bills, etc. – since they do not have intrinsic value and only represent the debt or share in the company. (Business Halacha: Overcharged by the Mechanic by Rabbi Meir Orlian). Nonetheless, the Minchat Chinuch 337:3 assumes that documents have the same halacha as land where the sale is valid but it is forbidden to overcharge. Pitchei Choshen Geneva Vihonaa 10:3 agrees.
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