Bava Metziah 4:3
By :
Daniel Nevins 91快播 Alum (Rabbinical School), Former Pearl Resnick Dean of The Rabbinical School and the Division of Religious Leadership, Adjunct Assistant Professor
Posted On Jan 1, 2008 | Mishnat Hashavua
How is the customer to be protected from fraud?
讛讗讜谞讗讛 讗专讘注 讻住祝 诪注砖专讬诐 讜讗专讘注 讻住祝 诇住诇注, 砖转讜转 诇诪拽讞. 注讚 诪转讬 诪转专 诇讛讞讝讬专. 注讚 讻讚讬 砖讬专讗讛 诇转讙专 讗讜 诇拽专讜讘讜. 讛讜专讛 专讘讬 讟专驻讜谉 讘诇讜讚, 讛讗讜谞讗讛 砖诪讜谞讛 讻住祝 诇住诇注, 砖诇讬砖 诇诪拽讞, 讜砖诪讞讜 转讙专讬 诇讜讚. 讗诪专 诇讛诐, 讻诇 讛讬讜诐 诪转专 诇讛讞讝讬专. 讗诪专讜 诇讜, 讬谞讬讞 诇谞讜 专壮 讟专驻讜谉 讘诪拽讜诪谞讜, 讜讞讝专讜 诇讚讘专讬 讞讻诪讬诐.
Fraud is defined as an [overcharge] of four out of twenty-four silver coins per sela, a sixth of the purchase value. For how long may the customer return [the merchandise]? Long enough for him to show [the item] to [another] shopkeeper or a relative [to confirm the value].
Rabbi Tarfon ruled in Lod that fraud is defined as eight [out of 24] silver coins per sela, a third of the purchase value鈥攁nd the merchants of Lod rejoiced. He told them, but [the customer] has all day to return [the merchandise]. They replied to him, 鈥淟et Rabbi Tarfon leave us as we were,鈥� and they returned to the Sages鈥� policy.
Comments
The Sages define fraud as an overcharge by a sixth (about 17 percent) of an item鈥檚 market value. Rabbi Tarfon gave the merchants much more leeway by defining fraud as an overcharge of a third (33 percent). But the merchants鈥� celebration dimmed when they realized that he gave the customer more time to research the transaction and retract it if he was overcharged. It is interesting that the merchants seem to have had some latitude about which policy they could follow.
Question
- Why did the merchants prefer the Sages鈥� stricter standard of fraud? Does this imply that they were frequently getting away with much more?
- Bargaining has recently made a comeback in American retail. Should the government regulate the conditions of such sales? Who is qualified to pronounce the true market value of an item?
- If a fancy store charges twice as much for an item as its price on an Internet discount store, is the difference in cost fraud or a fair premium for the luxury experience?
