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Deceitful Practices: Difference between revisions

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(Created page with "==Genivat Daat== # It is forbidden to trick or deceive someone in any manner. It is equally forbidden to trick a non-Jew.<ref>In Chullin 94a Shmuel states that it is forbidden...")
 
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==Onat Devarim==
==Onat Devarim==
===Window Shopping===
===Window Shopping===
# It is forbidden to ask the price of a product if one has no intention of buying it.<ref>Shulchan Aruch CM 228:4</ref> Some explain that it is forbidden because it is insulting to the seller to think that someone is going to buy and then be turned down.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15</ref> Some explain that it is wasting the time of the seller.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Chovat Hashemira</ref> Some explain that the reason is because if they see that you want to buy it and then walk away they might lower their price and others hearing this will only buy it for that lower price.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Meiri</ref> Some say that it will prevent a potential customer from buying it since they see someone else is trying to buy it.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Rashbam Pesachim 112b</ref>
# It is forbidden to ask the price of a product if one has no intention of buying it.<ref>Shulchan Aruch CM 228:4</ref>  
# It is forbidden even to window shop if someone has no intention of buying it. Some explain that it is forbidden because it is insulting to the seller to think that someone is going to buy and then be turned down.<ref>Shitah Mikubeset 58b citing Raavad s.v. lo yitleh, Pitchei Choshen Geniva ch. 5 fnt. 15</ref> Some explain that it is wasting the time of the seller.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Chovat Hashemira</ref> Some explain that the reason is because if they see that you want to buy it and then walk away they might lower their price and others hearing this will only buy it for that lower price.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Meiri</ref> Some say that it will prevent a potential customer from buying it since they see someone else is trying to buy it.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Rashbam Pesachim 112b</ref>
# Someone who wants to buy a product certainly can go to a number of stores and ask their prices and then go back to the store that has the best price. That is normal practice and not deceitful since if the store that one is inquiring regarding the price would be best he would buy there.<Ref>Pitchei Choshen Geniva ch. 5 fnt. 15 writes that it is obvious that if one actually has an intention to buy some product but one wants to shop around for the best price that it is permitted to do so because there is a chance with any store that he will buy there.</ref>
# Someone who wants to buy a product certainly can go to a number of stores and ask their prices and then go back to the store that has the best price. That is normal practice and not deceitful since if the store that one is inquiring regarding the price would be best he would buy there.<Ref>Pitchei Choshen Geniva ch. 5 fnt. 15 writes that it is obvious that if one actually has an intention to buy some product but one wants to shop around for the best price that it is permitted to do so because there is a chance with any store that he will buy there.</ref>
# A competitor who wants to find out what other store sell their products for according to some poskim may be technically permitted to do so even though he has no intention on buying.<ref>[https://www.businesshalacha.com/en/newsletter/window-shopping BusinessHalacha.com] writes that according to the Shulchan Aruch Harav n. 28 it is only forbidden to inquire for a price when one has no intention of buying it if the seller will come to the conclusion that he was doing so to trick him. Therefore, in a case when one is window shopping it is only forbidden if the seller knows that one has no intention of buying it and is therefore annoyed. However, if they don't know they assume that like any other potential buyer they might or might not buy here and so they won't feel annoyed if someone asks for a price and doesn't buy it. [However, according to Pitchei Choshen's reason of not wasting the seller's time this seems forbidden.]</ref>
# A competitor who wants to find out what other store sell their products for according to some poskim may be technically permitted to do so even though he has no intention on buying.<ref>[https://www.businesshalacha.com/en/newsletter/window-shopping BusinessHalacha.com] writes that according to the Shulchan Aruch Harav n. 28 it is only forbidden to inquire for a price when one has no intention of buying it if the seller will come to the conclusion that he was doing so to trick him. Therefore, in a case when one is window shopping it is only forbidden if the seller knows that one has no intention of buying it and is therefore annoyed. However, if they don't know they assume that like any other potential buyer they might or might not buy here and so they won't feel annoyed if someone asks for a price and doesn't buy it. [However, according to Pitchei Choshen's reason of not wasting the seller's time this seems forbidden.]</ref>
===Advertising a Product that isn't for Sale===
===Advertising a Product that isn't for Sale===
# It is forbidden to advertise to sell a product and then not sell it since that deceives buyers into coming and checking out that product.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Sefer Chasidim 311</ref>
# It is forbidden to advertise to sell a product and then not sell it since that deceives buyers into coming and checking out that product.<ref>Pitchei Choshen Geniva ch. 5 fnt. 15 citing Sefer Chasidim 311</ref>