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12 ‎[1] Both seller and buyer are forbidden to defraud each other, as it is written : "When you sell to your neighbor or buy from your neighbor, you shall not wrong each other" (Leviticus 25:14).— — Whether one has deceived deliberately or has not been aware of the fraud in a particular sale, he must repay. ‎[2] What are the legal limits of deceit requiring repayment? A sixth of the value of the article. If, for example, one has sold an article worth six denars for five, or worth seven for six, or worth six for seven, or worth five for six, it is a fraud where the transaction is valid but the defrauder has to repay the defrauded amount to the person deceived. ‎[3] If the fraud has amounted somewhat less than that, — — the defrauder is not required to restore anything, since it is generally customary to forego anything less than a sixth. ‎[4] If the fraud has amounted somewhat more than a sixth, — — the transaction is void and the defrauded party may return the article and not buy it at all. The defrauder, however, cannot retract if the other person is pleased and accepts the deal.— — ‎[5] ‎[6] ‎[7] ‎[8] The law against defrauding applies to an ordinary purchaser and a merchant alike, even though he is an expert. The law against defrauding applies to coins as well as to fruit products and cattle. ‎[9] If, for example, a golden denar was valued at twenty-four silver denars and he exchanged it for twenty or twenty-eight denars, he must refund the amount defrauded. If it was more than this, the exchange deal is invalid; if less than this, it is remitted.
Version: Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967
License: unknown