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Overcharging: Difference between revisions
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#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== | ==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> | #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 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" /> | ##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" /> | ||
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==Sources== | ==Sources== | ||
<references /> | <references />{{Business Table}} | ||
[[Category:Business Halacha]] | [[Category:Business Halacha]] | ||
