Bots, Bureaucrats, Interface administrators, Suppressors, Administrators, wiki-admin, wiki-controller, wiki-editor, wiki-reader
1,206
edits
Deceitful Practices: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
No edit summary |
||
| (3 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
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=== | ||
| Line 35: | Line 38: | ||
#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== | ||
| Line 53: | Line 56: | ||
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]] | ||
