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Mishneh Torah, Sales 14

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Sefer Kinyan

14 ‎[1] We have already explained that if one transacts business on word of honor and has said: "I am making so much profit," the law against defrauding does not apply to him. Even if he said: "I have bought this article for one *sela* and am selling it for ten," it is legitimate. The courts, however, are required to fix prices and appoint officers for that purpose, so that any merchant should not make all the profit he desires; the law courts should establish one-sixth of the price as the merchants' profit; and let the seller not profit more than one-sixth. ‎[2] This rule applies only to commodities that are necessary to life, such as wines, oils, kinds of flour; but for spices such as costus roots, frankincense, and the like, no market price should be fixed, and let the merchant make all the profit he desires. ‎[3] ‎[4] ‎[5] ‎[6] ‎[7] ‎[8] ‎[9] The inhabitants of a city are permitted to establish fixed prices for any commodities they desire, even meat and bread. They may establish conditions stating that anyone who violates these guidelines will be punished in such and such a fashion. ‎[10] Similarly, craftsmen in a specific profession may establish provisions and agree that one should not work on the day on which another is working or the like, and that anyone who violates these guidelines will be punished in such and such a fashion. ‎[11] When does the above apply? In a city where there is not a distinguished sage to correct the conduct within the city and improve the ways of its inhabitants. If, however, there is such a distinguished sage, a condition established by craftsmen is not effective without the ruling of the sage. They may not punish or inflict loss on anyone who does not accept their stipulation, unless that stipulation was made with the consent of the sage. Whoever causes a colleague a loss because of a stipulation that was not made with the consent of the sage is liable to pay. ‎[12] Just as there is a law against defrauding in buying and selling, so there is a law against wronging a person by means of words, as it is written: "You shall not wrong each other, but you shall fear your God; I am the Lord" (Leviticus 25:17). This refers to wounding the feelings of another by words. ‎[13] If, for instance, someone is a repentant sinner, one must not say to him: "Remember your former deeds." If a proselyte comes to study Torah, one must not say to him: "Shall the mouth that ate unclean and forbidden food study Torah which has been given by the Lord?" If a person has been afflicted with disease and suffering, or if he has buried his children, one must not say to him in the words used by Job's companions in addressing Job: "Let your piety reassure you… Think now, what guiltless man has ever perished?" (Job 4:6-7). ‎[14] ‎[15] ‎[16] ‎[17] ‎[18] A wrong inflicted by means of words is worse than a wrong inflicted in financial dealings, because restitution can be made for one and not the other; one is financial, while the other is personal. Concerning the wrong we do by means of words, the Torah says: "You shall fear your God" (Leviticus 25:17), since it is a matter entrusted to the heart [over which the legal authorities have no control]. Indeed, anything that is left to the conscience of the individual is referred to by the biblical expression *you shall fear your God.* Whoever cries out to God on account of a wrong done by means of words is answered immediately, as it is written: "… for I am the Lord" (Leviticus 25:17).

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