Study Sheet for "Business Practices and the Jewish Tradition"
(1) Some Important Verses
"And you shall do that which is fair and good in the eyes of God" (Deuteronomy 6:18) -- This is a verse that is used to derive the principle of "lifnim meshurat hadin," i.e., going beyond the requirements of the law.
"And you will gather in your grain" (Deuteronomy 11:14) -- verse used in the classic argument between Rabbi Yishmael and Rabbi Shimon ben Yochai.
"When you besiege a city ... do not destroy its trees" (Deuteronomy 20:19) -- verse dealing with preservation of fruit trees even during warfare. Principle of baal taschit, i.e., against unnecessary waste and wanton destruction, is derived from here.
"You shall rejoice on your festival--you, your son, your daughter, your servant, your maidservant, the Levite, the stranger, the orphan, and the widow (Deuteronomy 16:14) -- importance of helping the indigent, the helpless, and the needy. As Rashi notes: "You gladden my four, I will gladden your four."
"Do not oppress a stranger ... for you were strangers in the Land of Egypt" (Deuteronomy 23: 9) -- The admonition against taunting or oppressing a stranger is mentioned 36 times in the Torah.
"If you sell something to your fellow or buy something from your fellow's hand, your shall not wrong one another" (Leviticus 25:14) -- This verse deals with the laws of ona'ah = deceptive prices.
"Distance yourself from a false matter" (Exodus 23:7) -- The Lord hates lies so much that we must stay far, far away from deceptions and fabrications.
"You shall not place a stumbling block before the blind" (Leviticus 19:14) -- One is not permitted to tempt another to sin or to give bad advice to others.
"You shall be innocent before God and Israel" (Numbers 32:22) -- One should not act in a manner that arouses the suspicions of others.
"Jacob said to his sons: Why do you make yourselves so conspicuous?" (Genesis 42:1) -- Talmud uses this verse to derive the principle that one should not arouse the envy of others.
"You shall not covet (lo tachmod) your fellow's house. You shall not covet your fellow's wife, his servant, his maidservant, his ox, his donkey, nor anything else that belongs to your fellow (Exodus 20: 14) -- Tenth commandment is a prohibition against coveting.
"And you shall not covet your fellow's wife, you shall not desire (lo titaveh) your fellow's house, his field, his servant, his his ox, his donkey, nor anything else that belongs to your fellow" (Deuteronomy 5:18) -- Tenth commandment adds a prohibition against desiring.
"You shall have just scales, just weights, correct dry measures, and correct liquid measures" (Leviticus 19:36).
"You shall not rule over him through hard labor" (Leviticus 25:43). -- The master is not permitted to mistreat his servant by making him perform demeaning labor or "busy" work.
"You shall not steal, you shall not deny falsely, and you shall not lie to one another" (Leviticus 19:11) -- According to some commentaries, this also includes genevat da'at.
(2) Key Terms:
Lifnim meshurat hadin -- Going beyond the "line" of the law. Jews must do much more than simply follow the law; they must go beyond the requirements of the law. See the classic story of the negligent porters.
Midat Sodom -- The way of Sodom. In the Talmud, refusing to provide a benefit to another even if it does not cost one anything would be characterized as midat Sodom.
Mekach taos -- Transaction made under mistaken assumption. Talmudic case: One party sells another party an ox which turns out to be a gorer and unsuitable for field work. The buyer claims that he purchased the ox for plowing and the seller claims that he sold it to be slaughtered for meat.
Ona'ah -- With respect to pricing, it refers to overcharging/paying. If the overcharge is more than one-sixth, the sale is null and void. Thus, if I charge $100 for an item whose fair market value is $60, the sale is null and void.
The great Talmudic sage Mar Shmuel ruled that the allowable markup for a necessity such as flour was one-sixth. This is one of the earliest examples of a fair markup law. Do not confuse Shmuel's principle with the law of ona'ah.
Ona'at Devarim -- Oppressing/taunting people through words, e.g., reminding a sinner of his past or asking a storekeeper about the price of an item when one has no interest in making a purchase.
Genevat Da'at -- Literally "stealing one's mind." Creating a false impression and thereby generating undeserved gratitude/goodwill.
Midat Chassidus -- "way of the pious." Rabbi Yehuda states that one who wishes to become pious msut be very careful about observing the laws of damages and torts (Babylonian Talmud, Bava Kama 30a).
Lifnei iver -- Literally, "before the blind." This refers to the Torah prohibition against placing a stumbling block before the blind person. The Talmud interprets this to mean that one is not permitted to place temptation before another, e.g., by giving wine to a nazir (who has vowed to abstain from wine). Also, one is prohibited from purposely giving bad advice to another.
Deviating from the truth in Jewish Law:
One may lie in the cases dealing with a tractate (lying for the sake of humility), bed (lying for the sake of modesty regarding conjugal relations), and hospitality (lying in order to protect one's host from being taken advantage of) (Babylonian Talmud, Bava Metzia 23b-24a). See article by Rabbi Dratch for details.
Argument between the School of Hillel and the School of Shammai on how to sing the praises of the bride. Is one permitted to sing "beautiful and gracious bride" for all brides? See Rabbi Dratch's article.
One may lie in the interests of maintaining peace. The Lord Himself lied to Abraham for this reason. The Lord even advised the prophet Samuel how to deceive King Saul (Yevamot 65b). See Rabbi Dratch's article.