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Mishneh Torah, Sales 14

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Sefer Kinyan

14 β€Ž[1] We have already explained that if a person buys and sells in a faithful manner, saying "This is the extent of profit that I am making," the laws of *ona'ah* do not apply. Even if he says: "I purchased the article for a *sela,* and I am selling it for ten," this is permitted.

Nevertheless, the court is obligated to regulate prices and appoint officers of the law, so that people at large will not be able to reap whatever profit they desire. Instead, the court should regulate that a person should earn only a profit of a sixth. A seller should not profit more than a sixth of his investment. β€Ž[2] When does the above apply? With regard to articles on which our lives depend - e.g., wine, oil and fine flour. With regard to herbs - e.g., costus, frankincense, and the like - by contrast, a set limit is not established by the court. The seller may take any measure of profit he desires. β€Ž[3] Profit may not be taken twice when selling eggs. The first merchant who sells them may take a profit, and the person who buys them from him must sell them at cost. β€Ž[4] It is forbidden to do business in *Eretz Yisrael* with articles on which our lives depend. Instead, one person should bring from his produce heap, and another person should bring from his produce heap, so that they sell cheaply. In places where oil is abundant, it is permitted to do business with oil. β€Ž[5] Produce on which our lives depend should not be stored for the future in *Eretz Yisrael* or in any place that is predominantly inhabited by Jews, for this causes anxiety for the Jewish people.

When does the above apply? When a person purchases such produce in the market place. When a person stores his own produce, he may store the *kav* that he possesses. β€Ž[6] It is permitted to store produce during three years: the year before the Sabbatical year, the Sabbatical year and the year following the Sabbatical year.

In a year of drought, one should not store even a small measure of carobs, because one brings a curse on the market prices. Whoever causes prices to rise or who stores produce in *Eretz Yisrael* or in a place primarily inhabited by Jews is likened to one who lends money at interest. β€Ž[7] When does the above apply? With regard to produce on which our lives depend. It is, however, permitted to store spices like cumin and pepper in *Eretz Yisrael* and to transport them from place to place like other herbs. β€Ž[8] We may not take produce on which our lives depend - e.g., wine, oil and fine flour - from *Eretz Yisrael* to the diaspora or to Syria. Nor may such produce be taken from the domain of one king to the domain of another king in *Eretz Yisrael.* β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[12] Just as the prohibition against *ona'ah* applies with regard to business transactions, it applies with regard to speech, as Leviticus 25:17 states: "A person should not abuse his colleague, and you shall fear your God. I am the Lord"; this refers to verbal abuse. β€Ž[13] What is implied? If a person is one who has repented, one should not say: "Remember your initial deeds." If a person is a descendant of converts, one should not tell him: "Remember your ancestors' deeds."

If a convert comes to study the Torah, one should not tell him: "Should a mouth that ate meat from animals that were not ritually slaughtered and that were *trefah* come and study the Torah that was given by the Almighty?"

If a person was afflicted by illness and suffering or he is forced to bury his children, one should not speak to him in the manner that Job's friends addressed him Job 4:6-7: "Your fear of God was for your own security.... Can you recall anyone who was innocent who perished?" β€Ž[14] If donkey drivers are seeking grain, one should not tell them: "Go to so and so," if one knows that this person has never sold grain.

If a question regarding a point of knowledge was raised, one should not ask a person who has never studied that field of knowledge: "How would you answer this question?" or "What do you think about this matter?" The same applies to other matters of this like. β€Ž[15] Whoever abuses a convert, whether in financial transactions or verbally, transgresses three prohibitions, as Exodus 22:20 states: "Do not abuse a convert..." this refers to verbal abuse- "and do not oppress him" - this refers to taking unfair financial advantage of him.

This teaches that anyone who verbally abuses a convert transgresses three negative prohibitions: "A person should not abuse his colleague," and "One man should not take unfair advantage of his brother," "Do not abuse a convert." β€Ž[16] Similarly, if a person oppresses a convert and takes unfair financial advantage of him, he transgresses three negative prohibitions: "A person should not abuse his colleague," "One man should not take unfair advantage of his brother," and "Do not oppress him." β€Ž[17] Why does a person transgress the prohibition against verbal abuse when he takes unfair financial advantage of a convert, and the prohibition against taking unfair financial advantage if he verbally abuses him? Because the Torah uses the word *ona'ah* with regard to both these prohibitions, without being more specific, and repeats these two prohibitions with regard to a convert explicitly: "Do not abuse" and "do not oppress him." β€Ž[18] Verbally abusing a person is more severe than taking unfair advantage of him financially. For the latter can be repaid, while the former can never be repaid. The latter involves only the person's possessions, while the former involves his person.

And with regard to verbal abuse, Leviticus 25:17 states: "And you shall fear your God," for the matter is one of feelings. With regard to all matters of feeling, the Torah states: "And you shall fear your God."

Whenever a person cries out because of verbal abuse, he is answered immediately, as implied by the conclusion of the above verse: "...I am God."

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Version Info

Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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