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Overcharging: Difference between revisions
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== Does Onaah Apply if the Buyer Knows He's Being Overcharged? == | == Does Onaah Apply if the Buyer Knows He's Being Overcharged? == | ||
#If a seller says that he wants the sale to be valid even if he's overcharging and makes a stipulation to that effect, the stipulation is invalid. It is only valid if the seller says explicitly "the item is worth $100 and I'm charging $200 and I want to sell it on condition that you cannot claim onaah." In that case the buyer forgoes the overpayment.<ref>Shulchan Aruch C.M. 227:21, Pitchei Choshen 5:10:16. Sma 227:39 explains that a person can't forgo onaah if he doesn't know the exact amount of the onaah because he could always claim that he didn't realize there was that much of an overcharge.</ref> | #If a seller says that he wants the sale to be valid even if he's overcharging and makes a stipulation to that effect, the stipulation is invalid. It is only valid if the seller says explicitly "the item is worth $100 and I'm charging $200 and I want to sell it on condition that you cannot claim onaah." In that case the buyer forgoes the overpayment.<ref>Shulchan Aruch C.M. 227:21, Pitchei Choshen 5:10:16. Sma 227:39 explains that a person can't forgo onaah if he doesn't know the exact amount of the onaah because he could always claim that he didn't realize there was that much of an overcharge.</ref> | ||
==Fair Wages== | |||
#It is forbidden to knowingly hire a worker for less than the going rate for a worker of the skill set that the worker has.<ref name=":0">Zera Yakov v. 37 p. 99-100 based on Sma 227:51 who writes that there's an isur onah by avadim and the din that sechirut poalim doesn't have onaah is based on avadim (see SA 227:33).</ref> | |||
##For example, if a person wants to hire a yeshiva bachur or kollel fellow to learn Torah with his son and he knows the going rate is $30/hr and he hires him for $15/hr, that is onaah and forbidden. If the father knew that the going rate is $30 and the bachur or kollel fellow didn't know the going rate that is forbidden.<ref name=":0" /> | |||
##For example, if a person wants to hire a high school girl to do babysitting and they know the going rate is $20/hr, they shouldn't hire the girl for $10/hr if she doesn't know the going rate. Doing so is a violation of onaah.<ref name=":0" /> | |||
##If an employer paid a worker lower than the going rate for that type of work and a worker with his skills, after the fact the employer does not need to pay any extra and the employee has no recourse to claiming that he should be paid more.<ref>Shulchan Aruch C.M. 227:33</ref> | |||
# There is no halachic obligation to pay living wages (above minimum wage).<ref>Rabbi Aaron Levine in [https://books.google.com/books?id=zf7MwGclHTQC&printsec=frontcover&dq=economic+morality+and+jewish+law&hl=en&sa=X&ved=0ahUKEwj08qnhnIXjAhUHx1kKHfKTBfkQ6AEIKjAA#v=onepage&f=false Economic Morality and Jewish Law] pp. 197-201</ref> | |||
#A worker can't take outside work without the consent of his employer only if the outside work will cause his productivity at his job to fall below the average productivity of those who have the same job.<ref>Rabbi Aaron Levine in [https://books.google.com/books?id=zf7MwGclHTQC&printsec=frontcover&dq=economic+morality+and+jewish+law&hl=en&sa=X&ved=0ahUKEwj08qnhnIXjAhUHx1kKHfKTBfkQ6AEIKjAA#v=onepage&f=false Economic Morality and Jewish Law] p. 203, Rabbi Aaron Levine in Free Enterprise and Jewish Law p. 57</ref> | |||
==Links== | ==Links== | ||
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==Sources== | ==Sources== | ||
<references /> | <references />{{Business Table}} | ||
[[Category:Business Halacha]] | [[Category:Business Halacha]] | ||
