Deception
By Rabbi Daniel Travis
Lavan said to Yaakov, “How could you do this? You tricked me, carrying
away my daughters as though they were prisoners of war.” (Bereshith
31:26)
Our Sages derive from this verse that deception is considered a type of
theft1. Although people tend to think
of tricking another as a minor offense, especially compared to an act as
blatant as theft, just the opposite is true. Of the seven types of
thieves, the worst of them is the one who tricks others.2 (In the case of Yaakov, since he had been cheated
numerous times by Lavan, his actions were justified.)3
Since instances of deception are often found in business settings, a
storekeeper should always be on guard for possible halachic
problems. Some common problems include hiding defects in merchandise,4 listing the price of an item as higher
than it is in order to reduce the price when he puts it on sale,5 and selling some inferior fruit together
with better fruit.6 All of these
practices are aimed at misleading the customer into thinking that he is
getting a better deal than he really is, and are therefore forbidden.
Nevertheless, not everything that may appear to be deception is forbidden.
Thus, in a place where mixing wine with water is the accepted custom, one
is permitted to do so.7 It is also
permitted to open a negotiation with a price that is higher that the
actual value of the object being sold, allowing the customer to argue down
the price.8
Even someone who does not involve himself in business dealings can come
across instances of deception. For example, it is forbidden to bring an
empty flask of oil to a mourner’s home, in order to give the mourner the
impression that oil actually was brought for him. Since the
halachah forbids a mourner to anoint himself with oil, it is clear
that he will not accept the oil. Therefore the visitor is creating the
false impression that he intends to honor him.9 It is also forbidden to act in a friendly manner
toward someone whom one hates.10
Footnotes:
1 Yirayim Vol. I, mitzvah 124.
2 Tosefta Bava Kama 7:3.
3 See the article, “Insider Trading,” (page 204) on Bereshith
30:32.
4 Shulchan Aruch, Choshen Mishpat 228:6.
5 Niv Sefathayim p. 104.
6 Choshen Mishpat 228:10.
7 Ibid., 228:13.
8 Niv Sefathayim p. 104.
9 Choshen Mishpat 228:7.
10 Orach Mesharim 24:8.
Text Copyright © 2008 by Rabbi Daniel Travis and Torah.org
