The Mishnah says1: “Ein mefarchersin, lo es haadam ve'lo es habeheimah ve’lo es hakeilim” – one may not embellish or dress up a person, animal, or vessels in order to attract a customer and sell these items for a better price. This is included in the prohibition of G’neivas Daas – deception – as brought in the Shulchan Aruch.2
The Gemara explains that this prohibition only applies to something that is old, but not to something new. One is allowed to paint a new item to make it more attractive and more eye-catching in order to raise the price. But one is not permitted to paint an old piece of merchandise in order to fool customers into thinking it is new. If a buyer wants to pay a higher price for something that looks nicer, let him pay it. But if something is misrepresented by the storekeeper, there is an issur of G’neivas Daas.
Wednesday, July 20, 2016
THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXXIX Chukas MERCHANDISE MISREPRESENTATION Providing false or misleading information and its consequences By: Rav Yosef Greenwald, Dayan at the Bais HaVaad of Yerushalayim
The Mishnah says1: “Ein mefarchersin, lo es haadam ve'lo es habeheimah ve’lo es hakeilim” – one may not embellish or dress up a person, animal, or vessels in order to attract a customer and sell these items for a better price. This is included in the prohibition of G’neivas Daas – deception – as brought in the Shulchan Aruch.2
The Gemara explains that this prohibition only applies to something that is old, but not to something new. One is allowed to paint a new item to make it more attractive and more eye-catching in order to raise the price. But one is not permitted to paint an old piece of merchandise in order to fool customers into thinking it is new. If a buyer wants to pay a higher price for something that looks nicer, let him pay it. But if something is misrepresented by the storekeeper, there is an issur of G’neivas Daas.
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