Q&A: Monetary Overcharging Nowadays
Monetary Overcharging Nowadays
Question
Hello Rabbi Michael,
After a quick search in the halakhic decisors, I didn’t see any discussion of the laws of monetary overcharging under conditions of a modern economy. I found a brief reference on the Yeshiva site: http://www.yeshiva.org.il/midrash/8520 but it isn’t comprehensive. My question is whether the laws of monetary overcharging are בכלל relevant nowadays?
My thought was that nowadays, since it is easy to check the value of products on the internet, the laws of monetary overcharging do not really apply at all, and if someone was too lazy to check before making the purchase what the fair price was, that’s his problem. What do you think?
Answer
Regarding monetary overcharging nowadays, other weighty questions also arise. Is there even a specific price for a product? Buying in a supermarket is not the same as buying in a neighborhood store or a food warehouse. You pay for the air conditioning, the space, the lighting, and the service staff. There are brands, there are differing results, and so on. In practice, the issue of monetary overcharging hardly comes up nowadays.
This can be compared to what happens regarding the prohibition of “do not make factions” — do not split into separate groups. It is forbidden to establish two synagogues in one city. Does anyone really apply this? Nor is there any need to. Nowadays the norms are different, and the concept of a “city” has become ethnic rather than geographic (custom is determined by origin rather than by location). This prohibition too has almost fallen away on its own in light of the changed circumstances of our modern world.
The consideration that one could have checked the price indeed nullifies the prohibition of overcharging, since it is like a waiver. See Maimonides, Laws of Sale 12:7 and 27:5 there. And this requires further analysis from volume 8 there regarding a merchant, that even though he is knowledgeable, overcharging can still apply to him. However, in Mahaneh Efraim, Laws of Overcharging, sec. 19, he wrote that the merchant waives it from the moment he agrees to the sale, unless he made it clear that he does not waive it. See also the commentary Kiryat Melekh Rav (the son of the Mahaneh Efraim) on 12:7 there.
Discussion on Answer
Rema, Orach Chayim sec. 493:3:
And in one city, some should not follow one custom and others another custom, because of “do not make factions” (Deuteronomy 14:1)…
What is the problem with establishing two synagogues in one city? In the Talmud it mentions “where there is another synagogue in the town.” Regarding two religious courts in one city, Abaye forbids it but Rava permits it, and in two towns everyone agrees it is permitted.
According to Maimonides, who ruled like Abaye (contrary to the rule that the Jewish law follows Rava except for YAL KGM), the halakhic authorities discussed that communities originating from different places are considered like two towns even if they are now in one place.
Best regards, S. Tz. Levinger