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Deceitful Practices: Difference between revisions
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While it goes without saying that telling an outright lie is forbidden, even passive lying – omitting the entire truth or otherwise misleading someone – is forbidden. This is known as geneivat da’at, which means “stealing another person’s thoughts.” The principles of geneivat da’at teach that one must be honest and always speak in a manner that reflects one’s true thoughts and intentions. This applies to all human beings, whether Jewish or Gentile.<ref>Rambam, Hilchot Deot 2:6; Rambam, Hilchot Mechira 18:1; Sefer Chassidim 51.</ref> Our sages teach that geneivat da’at is the worst form of theft that exists<ref>Tosefta, Bava Kamma 7:3; Sha’arei Teshuva 3:184.</ref> and is far worse than stealing property.<ref>Bava Metzia 58b.</ref> We are taught | While it goes without saying that telling an outright lie is forbidden, even passive lying – omitting the entire truth or otherwise misleading someone – is forbidden. This is known as geneivat da’at, which means “stealing another person’s thoughts.” The principles of geneivat da’at teach that one must be honest and always speak in a manner that reflects one’s true thoughts and intentions. This applies to all human beings, whether Jewish or Gentile.<ref>Rambam, Hilchot Deot 2:6; Rambam, Hilchot Mechira 18:1; Sefer Chassidim 51.</ref> Our sages teach that geneivat da’at is the worst form of theft that exists<ref>Tosefta, Bava Kamma 7:3; Sha’arei Teshuva 3:184.</ref> and is far worse than stealing property.<ref>Bava Metzia 58b.</ref> We are taught that God hates those who deceive others.<ref>Pesachim 113b.</ref> | ||
However, one who always speaks the truth will merit having all his wishes fulfilled.<ref>Elya Rabba 155:2.</ref> | However, one who always speaks the truth will merit having all his wishes fulfilled.<ref>Elya Rabba 155:2.</ref> | ||
== | ==Geneivat 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 to 'steal the mind' of anyone including a non-Jew. This is codified by Rambam Deot 2:6 and Shulchan Aruch CM 228:6.</ref> | #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 to 'steal the mind' of anyone including a non-Jew. This is codified by Rambam Deot 2:6 and Shulchan Aruch CM 228:6.</ref> | ||
===False Advertising=== | ===False Advertising=== | ||
{{False Advertising}} | |||
#If an item one is selling has a flaw one must let the buyer know.<ref>Shulchan Aruch CM 228:6</ref> | === Affirmative Obligation to Disclose Flaws === | ||
# If an item one is selling has a flaw one must let the buyer know.<ref>Shulchan Aruch CM 228:6</ref> | |||
===Empty Invitations=== | ===Empty Invitations=== | ||
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#Many shuls commonly have auctions to buy a certain honor such as an aliyah or peticha and the funds go to the shul. If a person has no interest in buying the honor but simply bids in order to increase the price of the others who are bidding, even if they will actually pay for it if they win, it is a violation of being deceitful.<ref>Chida in Yosef Ometz 57 writes that once there was a person who made a deal with the Gabbay. He would bid to increase the price for everyone else but if he won and was stuck with the honor he would only pay half. The Chida writes that this practice is forbidden for three reasons. 1) He is annoying and bothering those who really do need or want that honor and now have to pay more. 2) He is deceiving people in showing that he wants that honor and really doesn't. 3) He is lying since he bid to pay a certain amount and in fact he is paying half. Also, the Chida shows that the motivation of this person isn't sufficient to allow his deceitful behavior. He proves from Bava Batra that we don't even allow a Gabbay of tzedaka to force people to give tzedaka. Here the person isn't a Gabbay tzedaka and he is forcing people to give tzedaka. Additionally, that was only for tzedaka to the poor and not funds that just go to the shul. [http://www.jlaw.com/Articles/geneivatdaat.html Article on jlaw.com] generalizes this based on the first two reasons of the Chida.</ref> | #Many shuls commonly have auctions to buy a certain honor such as an aliyah or peticha and the funds go to the shul. If a person has no interest in buying the honor but simply bids in order to increase the price of the others who are bidding, even if they will actually pay for it if they win, it is a violation of being deceitful.<ref>Chida in Yosef Ometz 57 writes that once there was a person who made a deal with the Gabbay. He would bid to increase the price for everyone else but if he won and was stuck with the honor he would only pay half. The Chida writes that this practice is forbidden for three reasons. 1) He is annoying and bothering those who really do need or want that honor and now have to pay more. 2) He is deceiving people in showing that he wants that honor and really doesn't. 3) He is lying since he bid to pay a certain amount and in fact he is paying half. Also, the Chida shows that the motivation of this person isn't sufficient to allow his deceitful behavior. He proves from Bava Batra that we don't even allow a Gabbay of tzedaka to force people to give tzedaka. Here the person isn't a Gabbay tzedaka and he is forcing people to give tzedaka. Additionally, that was only for tzedaka to the poor and not funds that just go to the shul. [http://www.jlaw.com/Articles/geneivatdaat.html Article on jlaw.com] generalizes this based on the first two reasons of the Chida.</ref> | ||
#Is one allowed to publicly pledge a donation to a tzedaka cause so that others give if one is actually going to give less? That is deceitful and forbidden. <ref>Minchat Yitzchak 3:97 writes that one may not pledge to give more tzedaka that one is actually going to since doing so is deceitful. He proves it from the Gemara Sukkah 29a which says that because people pledged to tzedaka and didn't give it Hashem punished them and their wealth was stolen by the government. The Maharsha adds that this is true even though those that pledged did so in order to cause others to give. He also proves it from Yerushalmi Brachot 7:2 in a story about Shimon Ben Shetach.</ref> | #Is one allowed to publicly pledge a donation to a tzedaka cause so that others give if one is actually going to give less? That is deceitful and forbidden.<ref>Minchat Yitzchak 3:97 writes that one may not pledge to give more tzedaka that one is actually going to since doing so is deceitful. He proves it from the Gemara Sukkah 29a which says that because people pledged to tzedaka and didn't give it Hashem punished them and their wealth was stolen by the government. The Maharsha adds that this is true even though those that pledged did so in order to cause others to give. He also proves it from Yerushalmi Brachot 7:2 in a story about Shimon Ben Shetach.</ref> | ||
==Onat Devarim== | ==Onat Devarim== | ||
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#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 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 | #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. See also Meiri (Beit HaBichira Bava Metzia 58b). Shulchan Aruch HaRav (Hilchos Onah 25) says there is also an issue that when the seller finds out what happened, he will be insulted.</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 people see that you want to buy it and then walk away, they will think the item is overpriced and therefore won't buy it at this 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 stores 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 stores 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> | ||
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Some of the sources on this page are to the credit of Rabbi Ari Enkin author of [https://www.eichlers.com/amot-shel-halacha-halachic-insights-the-dalet-amot-halacha-series-1.html Amot Shel Halacha]. | Some of the sources on this page are to the credit of Rabbi Ari Enkin author of [https://www.eichlers.com/amot-shel-halacha-halachic-insights-the-dalet-amot-halacha-series-1.html Amot Shel Halacha]. | ||
==Sources== | ==Sources== | ||
<references /> | <references />{{Business Table}} | ||
[[Category:Business Halacha]] | [[Category:Business Halacha]] | ||
