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Overcharging: Difference between revisions
From Halachipedia
→Prohibition of Overcharging
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Whether the distinction of 1/6 is rabbinic, see Tosfot (Bava Metsia 52a s.v. ashik) and Rosh (Bava Metsia 4:20 s.v. gufa cited by Tur 227:6) who imply that it is only rabbinic. See Rav Chaim (Mechira 15:1) who implies that it is biblical. </ref> | Whether the distinction of 1/6 is rabbinic, see Tosfot (Bava Metsia 52a s.v. ashik) and Rosh (Bava Metsia 4:20 s.v. gufa cited by Tur 227:6) who imply that it is only rabbinic. See Rav Chaim (Mechira 15:1) who implies that it is biblical. </ref> | ||
Some poskim hold that this prohibition only applies to a Jew and it isn't issue of stealing since the non-Jew paid willingly. Only for Jews is it necessary to make sure to charge the market price and not more.<ref>Pitchei Choshen (Onah ch. 10 fnt. 2) quoting Gra 348:2, Sma 231:1, Bach 228, and Kesef Kodshim 382 hold that there's no prohibition to overcharge a non-Jew. Hilchot Honah p. 198, Mishpat Hachoshen (Onah 23:7), Mamon Kasher p. 93, and Darkei Mishpat v. 3 5:4 agree that it is permitted. Mishpat Hachoshen quotes Minchat Pitim 227:6 and Avnei Nezer OC 325 and CM 55 who hold this way.</ref> However, other poskim hold that it is forbidden to overcharge a non-Jew just like it is forbidden to overcharge a Jew.<ref>Mishkenot Yakov CM 59 s.v. v'od. Mishpat Hachoshen (Onah 23:7 fnt. 9) quotes Rashash Bechorot 13 as holding that it is forbidden to overcharge a non-Jew.</ref> Everyone agrees that it is forbidden to cheat a non-Jew by misrepresenting the product.<ref>Raam 348:2, Pitchei Choshen (Onah 10 fnt. 2), Mamon Kasher p. 93</ref> | |||
==Nowadays Fluctuating Prices== | ==Nowadays Fluctuating Prices== | ||
